Monday, August 30, 2010

LETTER TO CHAIRMAN ON 30.08.2010

Posted by Secretary General on 8/30/2010 04:02:00 PM with 96 comments
AICEIA/PRES/2010 ` Dated 30.08.2010

To
The Chairman,
Central Board of Excise & Customs,
Department of Revenue, Ministry of Finance,
North Block, New Delhi.

Sir,
Sub: Stay on promotions ordered by Calcutta High Court – Reg

A kind reference is invited to our letter dated 23.07.2010 wherein we had requested inter alia to direct all cadre controlling authorities to conduct the DPCs and keep the panel ready for issuance of promotion order immediately on vacation of the stay.

Now that the stay order issued by the Honourable High Court of Calcutta in WP (CT) No. 261/2008 has been modified on 27.08.2010 we request your good self to issue immediate instructions to the cadre controlling authorities to convene the DPC in their zone and to keep the panel ready. It may also be instructed that the promotion orders issued as a result of the DPC should be given effect from 01.07.2010 as the delay in issue of the order is only on account of the stay order. This stipulation is essential as the date of promotion would have a bearing in the matter of next promotion as well in the matter fixation of pay and also to ensure uniformity among the zones.

As you are well aware, the officers who are in the line of promotion have already put in more than 17 years of service and the delay in getting the promotions have caused deep sense of resentment and frustration among the officers. I request you that the agony may not be compounded further and necessary orders be issued.

In anticipation I remain.

Yours faithfully


ARUN ZACHARIAH.P
PRESIDENT AICEIA

96 comments:

RAM said...

It is unfortunate on the part of AICEIA to note that the association was quick enough to insist the Board to start to DPC proceedings whereas it is blind on the DOPT OM dated 10.8.2010 and the Board's Circular No.15/17.7.2009 asking all the CCAs to exercise the exercise of merit elimination.

AICEIA consits SC/ST members to the extend of 22.5% of its total strength.

It should take care of the interest ofthem also. Why not a single letter was sent by the AICEIA either to the Board or the CCAs.

Is it a step motherly treatment to its own members or?

we expect a reply

Sreedhar said...

Dear friends,
I had time and again requested all members not to use our blog for spreading enemity among brethren. Let us not forget those who had retired without getting their rightful promotion from March to July and about to retire in August. As responsible office bearers of the Association it is the duty of the President/SG to take up this issue with board and settle it early without further damage to the cadre and thanks to Arun for the letter. Now let us concentrate more on restructuring so that our demoralized cadre gets some fresh air to continue, rather than hurling abusive language.

Regards,
E. Sreedhar.

madhu said...

Dear ram, u have been writing in the blog in detail and u are always live to the situation. However, it is noticed that you should have thought in a much broader view taking into account the spirit of association and which include members from general category also. Do not bend the stick always to ur side which suits ur interest only. V all know the DOPT ref of 10.8.2010 and the same is being implemented and the hon court has rightly instructed the Calcutta zone to rectify the anomaly. Now do not try to stall the progress happening upon the courts new direction. Pl do not think that ur the only officer who knew about DOPT as we have also been in the service for long. So do not put cold water on the association's interest who stand for its memebers and tring to get the things in shape. pl also dont try to divide the unity of the members by putting arrogant comments that suit your wishes only.. and by putting such comments on the blog u are only getting the wrath of ur colleagues pl do understand that....

RAM said...

Dear respected Madhu

i am not trying to HARM anybody's interest.

You should also have broader mind and thought to admit the fact. Your thoughts are of like identifying an elephent by some people who could not ...

You are seeing your interest only.

I am insisting to look after the interest of all and not alone the non-SC/ST officers.

This is my opinion. I know YOU all are having much knowledge than us.

What i am telling PL TAKE CARE OF OUR INTEREST ALSO.

is it wrong? this august body is common to all, i feel and hope.

jitender said...

Association is for the welfare of all its members and Sh. ARUN ZACHARIAH.P PRESIDENT AICEIA has rightly exercised his authority to write to Chairman, CBEC for the welfare of all the category members. Hats off to him. He should also keep in touch with Chairman, CBEC for expeditious issuance of letter to all cader controlling authorities in the wake of High Court judgement.

rajaguru said...

Dear Ram,
If the AICEIA is not permitted to write a letter to the Board for speedy conduct of DPC proceedings, what is the use of having such a body by the 77.5% officers?

jitender said...

I also request the zonal associations to write letter to their cader controlling authorities on the same lines on which Sh. ARUN ZACHARIAH.P PRESIDENT AICEIA has written to the Chairman so that they may also take up the issue with the board for obtaining permission to conduct DPC immediately.

rajaguru said...

Dear Ram,
Your intention is very clear. Do you want delivery of justice in accordance with the verdict of the Hon'ble Court read with the guidelines of the DOPT or indefinite stalling of the entire proceedings? The officers want right interpretation of the law without any further delay. Is it objectionable?

P.Vigneshwar Raju said...

Dear Ram!
Really it is astonishing to here from you that the action taken by the AICEIA is unjustified. You do know that how many SC/ST officers also are suffering due to this stay of court. This letter is written for benefit all the categories of Inspectors. Once DPC is conducted it automatically takes the DOPT OMs & Court judgments under consideration. By your language used it appears that the AICEIA should ask for further stay of promotions.

P.Vigneshwar Raju said...

Please cast your vote on this letter of AICEIA is justified at this juncture. Go to http:hyderabadcustoms.blogspot.com and vote 'Yes' or 'No'.

vengat said...

dear ram,
the stay was also affecting the members of association from the reserved cat comrades as well who were in the verge of promotion. i know my own such friends. there fore kindly take it in right sprirt.
vengat

Vinod said...

Dear Comrades, How is it 17 years of service. In Chennai it is 18 years plus and who knows in some other commissionerate it could be 19 or 20 years. Further, why should the promotion be given effect from 01.07.2010 when actually it should be given effect from 01.04.2010, as DPC was scheduled on 24.03.2010 and promotions would have been given effect from 01.04.2010, when the High Court intervened.
One more thing: The 100% EOUs in the metros and in certain cities, which were earlier under the control of Customs have been handed over to Central Excise with effect from 01.08.2010. Has the Association taken any efforts to augment the man-power in those commissionerates where this change is going to have a profound effect in terms of work-load. This change may result in increase in requirement of Supdt cadre upwards and thus create more promotion opportunities for us.

Gurwinder Singh said...

Ram is absolutely ignorant and wasting his time,energy as well as of others & precious space over the blog for quite a long time .I did not want to comment,but can not help, on his poor understanding of the issue in its entirety.In Chandigarh Zone 7 Superintendents who had put in more than 18 and half years(all were 1992 batch direct Inspectors, have been reverted due to this stay order for no fault of theirs.(Three of them, incuding myself,are SCs).If Mr. Ram is serious and sincere indeed about his community he should file a suit against those guilty officials of Kolkata Zone who ignored the Govt. instructions regarding reservation in promotions instead of punishing the innocent brethren like me.As a result of petition of the Kolkata people SCs all over the country are equally suffering.
It is today on 1419 Hrs.that I made a call to Sh.Arun Zacharia to request him to write a letter to the Board to effect promotions immediately and without any delay in the wake of lifting stay .Sh.Zacharia promptly wrote the letter to the Chairman.I wonder how people like u drag castism unnecessary every now and then.So rise above this poor mindset of reading castism in every move of the Association as Sh.Zacharia or any office bearer, for that matter,of the Association never asks about caste of the caller.So,dear Ram please don't belittle yourself in these petty things.I also belong to ur community which is suffering more than the foolish people who had obtained the stay.
I also request the Pres. and SG to delete such divisive and unwarranted comments immediately which are diverting our attention from other far more serious issues which are harming us all irrespective of caste and class.On the one hand there is a talk of coordination with Supdts. cadre and have a common platform to achieve our ends which are plaguibg both the cadres, such as stagnation,grade pay of Rs.5400/-,notional pay fixation and many more issues haunting both the cadres.How can we achieve all this when Inspectors are not united among themselves.
Gurwinder Singh
(Chandigarh Zone)
09417696200
09469750911

jitender said...

Well done Gurwinder Singh for such a candid comments. Such should be the spirit of all the esteemed members and we should act in unison, then only we could achieve our purported goals.
J.K.Saini

P.Vigneshwar Raju said...

If some one has guts it is Mr.Gurvinder Singh. Dare enough to publish his phone number. I have commented so many times to disclose the identity of the people commenting. If you stick on to your comments please declare your identity.

rajesh said...

it is a matter of great regret that the blogs written by sri RAM ia clearly and categorically misunderstood, in nowhere he has written that he has any intention to stall the process, he only expressed his opinion that when association is such prompt in writing letter to board, why they kept mum when high court repeatedly asked the department to submit the revised roaster from 1995, did association write any letter to board to instruct kolkata zone to submit the revised roaster, had that been submitted, stay would have been lifted much much earlier.
Why should one try to stall the process when he will be benefitted the most, it is a bare fact that the SC/ST officers will be benefitted the most if review DPC is conducted from 1997. If the general caste people feel injustice is being meted out to them, as many officers have retired by this time during the injunction period of 4-5 monhs then what about the reserved category officers who retired in the last 13 years, please judge yourself and please do not try to shut the mouth of someone, who cares for reserved category people, under one pretext or other, i understand the frustration of those who are in the pipe line to get the their first promotion, please sir, just imagine, we had been waiting for long 13 years for our cause. BUT IN SINCERELY HOPE OUR BELOVED GENERAL ASSOCIATION WILL TAKE EVERY POSSIBLE STEPS TO CONDUCT THE REVIEW DPC AS EARLY AS POSSIBLE AND WE WILL BE PROMOTED VERY SOON.
REGARDS

Singh said...
This comment has been removed by the author.
Singh said...
This comment has been removed by the author.
RAM said...

Ram is absolutely ignorant and wasting his time,energy as well as of others & precious space over the blog for quite a long time .

It is absolutely correct Mr.Gurvindar Singh.

I am wasting my time as i am trying to put forth before all regarding the ground situation prevaling all along.

Try to understand the factual position. Of course the piles may be bitter in taste but it is good for the health.

It is correct that every one selfish including all from top to bottom and they are looking after their interest onlyand no one works for common cause.

I am telling the ground situation and i have no vested interest. Truth will triumph always, but may get delayed.

you are justifying the actions ofthe department in not implementing DOPT's OM and its own circulars by the CCAs. Till now you all have cursed the Board, Association office bearers. But now praising. We should not have double tongue.

RAM said...

You all are telling about your tales. In SC/STs also there are lot of officers who have completed 17 years service. In Chennai CCA, 1992 general category officers are going to be promoted and whereas 1993 batch of SC officers may get their chance to be promoted.

What is the gain going to be achieved by SC officers? you are crying and telling that SC officers were promoted within 8 years of Service. Please name the officers.

You all are just ignoring the DOPT's OM which were issued based on the Hon.Supreme Court's judgements and not the mercy or behest of the rules, who are always in support of the majority.

The Administration is also quick enough to implement any orders issued in favour of others whereas they are searching for reasons to not to implement the any circulars or instructions, that may benefit the SC officers

Even now you all can see. Hon.High Court Calcautta has instructed only the Kolkatta CCA to conduct review DPC from 2.7.1997 and to report compliance and based on that other CCAs may go ahead with DPCs.

But what is going on here? almost all the CCAs are prearing for conduction DPCs within a short span of time.

Whether Singh's stand is correct?

anonoymos said...

Dear comrades,

Kindly think over before writing comments either in this blog or wherever it could be viewed by all. Moreover over your comments sould not hamper cadre's dignity. No body raises the question against DOPT, which taken so much time to issue such OM. Why we are not getting anything without fight. Why each and every implementations requires so much interpretation and finally recommended for anomaly committee and finally reaches its natural death. Dear comrades, the old divide and rule policy is being applied to degrade us by the administration in each and everything. Therefore, I plead that let us not fight each other, Joint our hands so as our fight must be against these evil creators. Comrades don't give a single indication that we have differences it will be used to ignite and we will be made as ashes.

Anbuchelvan.P

balu said...

Dear Mr. Ram,

Why are you not taking the bait of Mr.Gurwinder Singh. If you believe in democracy, then you should be open to criticism and take it in your stride. He has told his side of the story and left his phone number also to reveal his identity.

If you are bold enough, please try to reciprocate, not in comments in the gestures as well.

The whole argument seems to be around the fact as to whether the association should cater to only one section of the members or as a whole unit. No doubt it should safegaurd the interests and the welfare of each and every single Officer of the cadre, even if someone is not a member. There can be no second opinion about that.

Be that as it may.. Please let everyone know as to what is your actual grouse against the letter of the President to the Board, seeking early convening of DPC and issuance of orders with the date of promotion as on or before 01.07.10.

When there is the order of Chennai High court and the DOPT's instructions implementing the said order, then any DPC that will be held thereafter has to take into consideration all the instructions/directions available as on date. Where is the question of injustice that is going to be caused any further? Do you mean to say the Kolkatta HC order and the Chennai HC order do not solve your problem. If that is the case, your anger is misdirected and you should be filing an appeal in the Supreme court against these orders. If not then you have to see to it that these orders are implemented without any further delay, which means even reviewing the old DPCs.

I hope you understand the entire viewpoint. Please do not look every activity of the Association through the prism of bias based on General versus others or DR versus promotee.. As i had already mentioned, a responsible association will have to necessarily take care of the interest of all sections of the members.

Last but not the least, Mr.Ram. You would have been witness to the comments and requests from many General category candidates, asking the association to implead in the case and get the stay vacated, which the Association had according to my personal opinion, rightly ignored. If they were biased, they could have very well done that. so be judicious before pointing finger at others and finding fault with the Association in the same breath.

This comment is not intended to hurt you or support anybody else. It is in the interest of THE ASSOCIATION, and i hope you will subscribe to that viewpoint.

with best regards
Balu, Bangalore.

rajaguru said...

Dear Balu,
I enjoyed your lovely and sensible view point. However, RAM will not get convinced with your arguments. HE EXPECTS THE ASSOCIATION TO DANCE AS PER HIS MUSIC. HE WILL BE HAPPY IF THE STALEMATE CONTINUES. WHAT A GREAT MINDSET!

Mohammed said...

please dont get carried away in useless discussions please dont comment on each other and get divided opinion may differ everywhere i may understand something differently all should keep the dignity of the cader and also unity in mind so that the administration shouldnot take advantage in resolving the issues by throwing the ball in our court.

Kanwar Pal said...

The blog should be open to departmental officers only. It is requested that the site administrator should regulate the blogs within the Inspector community only after the necessary details regarding their e mail and present place of posting are submitted. Moreover, the blogs should open after proper login.

The blog facility is only for serious interaction within the Inspectors and not to present a cock fight. The non-serious members should not be allowed to malign all the Inspector community. I personally feel that the blog facility is being misused and needs to be regulated.

K.P. Singh
Chandigarh

murali said...

I think that this blog has done a great job. It has helped us to know the view points of others, though we may differ. Do not stifle the freedom of expression. I heard some body say that sun light is the best disinfectant. RAM is entitled to his opinion and views in as much as I am. We are the association, and the association will fail if any body is not allowed to participate. Our growth will be proportional to the transparency of the decision making process and wisdom of the office bearers. There is a saying that the thorns help the man to walk on the correct path.

Bhagwan Singh said...

I agree with what Mr. K.P. Singh of Chandigarh has written in his blog. The facility of blog should not be misused. Self discipline is the best policy. While writing on the blog, one should keep max restraint and be rationalistic.

However, this facility need be continued and is good for our association. Discussion and debate help find the truth easily and clearly.

In our zone, some people tried to break the assn, but all their efforts have failed and God is with the right thinking people. So many signature campaigns, by the self-seekers, psychophants, the henchmen of the administrators proved futile. Truth always triumphs. Some selfish people even tried to mislead our comrades by spreading rumours that association has been disbanded. But still the Circle body has won the first battle on policy violations.

Many readers will say why above comments and how these are necessary here. Friends, the only motive is to bring home the point that crooks may succeed for a while; people may be fooled for a while only and not for all times. Ultimately, after long discussion, debate and controversy, the truth comes out shining and it glitters more than earlier.

The need of the hour is to unite; not to fight on narrow and parochial interests. The individual interest has to submit to the general interest; ultimately the general will prevails and individual will, howsoever vociferous, will get lost.

The immediate goals of our cadre is removal of stagnation by ensuring time bound promotions. However, we have failed to pursue the agenda with the conviction and force it ought to be. If stagnation is removed, most of ills affecting our cadre will automatically vanish.

Hence, our motto and slogan at this hour should be : GIVE ME MY RIGHTFUL DUE - TIME BOUND PROMOTION. ONLY PROMOTION.



BHAGWAN SINGH
BRANCH SECY
LUDHIANA BRANCH
CHANDIGARH CIRCLE.

rajaguru said...

We get useful News and view points only from this site as well as the site of Shri. P.V. Raju's Hyderabad site. It is a wonderful service. In order to prevent misuse, the site Administer may introduce a system of publication of the view points after prior approval. The abusive arguments between General and reserved categories should not be allowed in the blog.

karuna said...

I FULLY AGREE WITH KANWAR PAL'S COMMENTS. PLEASE DO THE NEEDFUL AT THE EARLIEST. SO THAT UNITY AMONG THE COMRADES WILL NOT BE DISTURBED IN FUTURE.

Raghavan said...

Will Mr.RAM be able to question how the SC/ST representatives who sat in the previous DPCs allowed such a miscarriage of justice to SC/STs. I don't think so. Even when his own brethren is keeping quiet about these atrocities, how can he find fault with the office bearers of the association, who were taking some genuine baby steps towards the upliftment of the cadre as a whole which includes SC/ST

jitender said...

I fail to understand that even after the lapse of 5 days our office bearers and any other member could not obtain the copy of order of the Calcutta High Court dated 27.8.2010, though they being the locals.Moreover, there is not any feedback whether any body from the Board is pondering over the letter dated 30.8.2010written by our president to the Chairman, CBEC. The Chairman may be reminded on phone to immediately issue directions to all the cadre controlling authorities under him to carry out adhoc promotions in their respective zones in the wake of lifting of stay as it is infringement of fundamental right of the emloyee to get promotion when due by not acting even after the vacation of stay.

RAM said...

Dear Raghavan

I concur with your opinion that in every DPC, an officer from SC/ST is included and of course, it is pity to admit that they also sign in the proceedings.

pl tell which class I officer looks after the benefit of SC/ST officer? I can tell than in Chennai CCA, the post of ADC in CC's office is occupied by a SC officer.

Do you think he can freely express his opinion or views to his boss?

Now DPC is proposed to be conducted on 8th and 9th not bothering to implement DOPT OM dated 10.8.2010 and the letter calling for convening the DPC was signed by the ADC.

Pl tell me can he refuse to sign the letter inthe interest of the SC officers?

It is not at all possible. The points putforth by you correct in all aspects but we the SC officers are helpless.

Senior level SC officers are not dare enough to put their helping hand, voidig the directions of their bosses.

Then where can we go for redressal? The Association which is common for all. If you all are telling than i am wrong here also majority rules. Is it not.

So what i am telling is the true and correct picture but it may be a bitter to some one but i am least bothered and i am stick on my postings and shouts as to my knowledge i never have the intention of hurting or wounding any body.

But officers like Balu, rajguru, Yaaro etc are feeling that they are genious and knows everything and what ever they telling or shouting is correct in all sense.

A simple regrets to them for their ignorance or geniousness.

With regards.

RAM said...

Dear Raghavan

pl tell which class I officer looks after the benefit of SC/ST officer? I can tell than in Chennai CCA, the post of ADC in CC's office is occupied by a SC officer.

Do you think he can freely express his opinion or views to his boss?

Now DPC is proposed to be conducted on 8th and 9th not bothering to implement DOPT OM dated 10.8.2010 and the letter calling for convening the DPC was signed by the ADC.

Pl tell me can he refuse to sign the letter inthe interest of the SC officers?

It is a fact that no general category Class I officer recognises the work done by SC officers even if the SC officers did a exemplary work, there is no recognition for them. If any small mistake was committed by SC officers, it is treated as a major violation and it is ensured that their future is at dark.

The SC Class I officers also keep the SC officers away as others will brand them as supporting SC officers officers

Tell me Mr.Ragavan whether it is correct or wrong?

With regards.

Mohammed said...

dear brothers please understand the situation do not try to blame each other every feels that he is only thinking in the right directions but possiblity is that sometimes if i think immotionally i may not be able to see the other side of the coin. so please stop all this and think in a positive direction i dont want to get involeved in comments like i am going through in this blog and all gentlemen should try to avoid direct criticism.

Mohammed said...

as now the time has come to work together and insist thew authorities for cadre restructuring and other issues and participate in the struggle going on now by way of protests and dharnas

P.Vigneshwar Raju said...

PLEASE VISIT HYDERABADCUSTOMS SITE. YOU HAVE GOT A LOT TO READ AND ANALISE REGARDING RESERVATION POLICY AND ROSTER. ONE OF OUR MEMBER HAS WRITTEN A BEAUTIFUL LETTER TO DOPT. ALL MUST READ THE LETTER AND GO THROUGH THE ROSTER.

karthi said...

The comments, views, feelings expressred by all the members of the association or this blog is quite understandable. Whether it is Shri.Ram, Shri.Gurwinder singh, Shri.Balu or Shri.Raghavan etc., are all expressed the feelings only from their point of views but not taking into the real facts prevailing as of now.

First, the SC/ST officers fought a very long battle for 13 years in court rooms for theier genuine rights and even after winning the case a year back, administration was adamant in not implementing the court orders and tried with all their efforts to file an appeal in the Supreme Court, knowing very well that the case will not stand in the Apex court for many reasons. They convinently sat on the issue for a year by referring to Law Ministry. Finally, the DOPT accepted the court judgements and issued the OM dated 10.8.2010 and asked all the ministries and departments to implement the order by conducting review DPCs from 1997

Dear friends, please understand that this issue was cropped up only because of a fateful OM issued by the same DOPT way back in 2005, with ulterior motive to curtail the benenits of SC/ST officers. Otherwise, this problem would not have arisen at all.

At the same time, almost a similar issue was going on in Kolkotta High Court which granted stay also. Now, it is ascertained that the Hon'ble Kolkatta High Court said to have vacated the stay subject to implenting the DOPT OM dated 10.8.2010 i.e., conducting of review DPCs from 1997.

The actual vacancies of posts will come to know only after reviewing the DPCs from 1997.

The OM has been issued on 10.8.2010and the Kolkotta High Court order was issued on 27.8.2010. Our President have written a letter to the Board to conduct the DPCs immediately after the Kolkotta judgement. If he had shown the same level of speed and sprit to implement the DOPT OM, then all the members of the association (including reserved officers)would have welcomed it.

Members may argue again that the association is meant for all and not for a particular category. That is what I am saying. The SC/ST officers also part of the association and the association has every right to protect the interest of the SC/ST members.

P.Vigneshwar Raju said...

It appears that the visit of Chairman, Member etc. to Mumbai was not properly utilised by the local leadership of our cadre. It appears that they were even not entertained. What the so called leader who claims very close to the Chairman and other senior officers, has to say any thing now. The website of so called split group speaks of discussion by Member with Superintendents Association. What discussions they have made with member except stated to have requested for time bond promotion. It appears that even the local administration never bothered to intimate them, as they are not recognized. Its time now for all Mumbai Inspectors to think, whether they are really backing the split group or they are forced to do.

Gurwinder Singh said...

THOUGHT FOR THE DAY
"If the policy isn't hurting,it isn't working"
--John Major
(The Tribune,Thursday,Sept.2,2010)

RAM said...

As rightly pointed out by Mr.Karthi, i want to impress that there is no thought to spilit the unity in/of the Association

Only point i want to impress is that let all Inspectors be treated alike and no preference be given by the Association, which definitely curtail the interest of one section of its MEMBERS.

Of course all are having their right to express what they feel or opine in a particular matter, but it should curtail the other's right or wound the feelings of others.

With regards

Ex-Sgt.P.Vigneshwar Raju said...

All it depends on how you approach the issue. if the effected people apply pressure on AICEIA through their local representatives/themselves then only the issue will be taken-up. If somebody wants their issues should be taken up without making any efforts, it may not be possible for them.

Any how for ex-servicemen who got restored their commutation of pension after 15 years can apply for the same again. Please visit http://exsmhydeast.blogspot.com for the details.

murali said...

Can any of our friends analyse the 200 Point roster given in the Hyderabad Inspr assn web site. The letter has been written after a thorough study, but, the action sought for is not clear. Can any of you make clear the issue?

rajaguru said...

Shri. Kumaraguru has made a thorough study and wonderful analysis. The intention and purpose is only to arrive at the correct interpretation in accordance with the verdict of the Hon'ble Apex court. Let us have the view points from both the sides in the form of a serious article instead of casual blogging. Since the view point of one side is made as an article by Shri. Kumaraguru, we welcome the article containing the contra points also. Views from the neutral persons are also solicited.

rajaguru said...

Shri. Kumaraguru has made a thorough study and wonderful analysis. The intention and purpose is only to arrive at the correct interpretation in accordance with the verdict of the Hon'ble Apex court. Let us have the view points from both the sides in the form of a serious article instead of casual blogging. Since the view point of one side is made as an article by Shri. Kumaraguru, we welcome the article containing the contra points also. Views from the neutral persons are also solicited.

AICEIA said...

Kolkata High Court Interim order not yet signed by the senior Judge. Hence, no body received it yet.

jitender said...

Are these judges not accountable to anyone. When any order is pronounced in court then how much time would be reasonable to reduce it in writing. Is there any charter issued by the supreme court wherein time has been prescribed for reducing the pronounced order.

rajesh said...

it is simply not possible to annoy the majority, what do you all say????? when the madras high court had issued orders as rightly pointed out by RAM in this blog earlier, what barred the association, from issuing letters/ directing/ requesting to all CCA to conduct review DPC from 1997, why the same was done by madras commttee after filing contempt, why someone from kolkata will have to move the High court for the same, we know we are a simple minority but still i sincerely hope that the association will help us this time, and justice will be meted out to us,
regards to all

dipak said...

What about pay fixation of Inspectors? Shall we get harmony, whatsoever be, in pay fixation?

nikhil said...

To know what FM has to say on restrcturing and DPC in the CBEC/CBDT follow link ...
http://www.taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=11356

Singh said...
This comment has been removed by the author.
surya said...

DEAR OFFICE BEARERSS
THE SPEECH OF THE FM IS INSPIRING AND HIGHLY PROMISING. IT SEEMS THAT THE FM HAS NOT BEEN APPRAISED OF THE STALE MATE IN THE PROMOTIONS OF THE INSPECTORS ALL OVER THE COUNTRY IN THE NAME OF A LOCAL COURT ORDER. EVEN THOUGH THE OFFICERS HAVE PUT IN MORE THAN 17 TO 18 YEARS AND IN SOME ZONES EVEN MORE THAN 22 YEARS, THE FIRST PROMOTION IN THEIR CAREER HAS NOT BEEN GRANTED IN SPITE OF THOUSANDS OF VACANCIES. NO SANE PERSON CAN DIGEST SUCH A IMBROGLIO. I AM SURE THE FM WILL TAKE TO TASK THE FELLOWS RESPONSIBLE FOR THE PRESENT STALEMATE WHICH CANNOT BE JUSTIFIED ON ANY ACCOUNT. EVERY BODY KNOWS HOW MUCH TIME IT WILL TAKE IN THE PRESENT JUDICIAL SYSTEM TO GET JUSTICE. INSPITE OF THAT THE ASSOCIATION WAS INACTIVE FOR MONTHS. AT LEAST NOW, PLEASE TAKE UP THE MATTER WITH THE FM SO THAT THE FAITH IN THE ASSOCIATION SHOWN BY THE MEMBERS IS JUSTIFIED. THERE IS NO HOPE OF GETTING JUSTICE FROM KOLKATTA AS WAS PROVEN IN THE WEEK AFTER WEEK POSTPONEMENTS DURING THE MONTHS OF JULY AND AUGUST. EVEN IN THE INTITAL INTERIM JUDGEMENT IT WAS CRYSTAL CLEAR THAT THE STAY IS PERTAINING ONLY TO KOLKOTTA. EVEN THEN THE ASSOCIATION DID NOT PROTEST AGAINST THE ALL INDIA STAY IMPOSED BY CBEC IN THE NAME OF KOKOTTA HIGH COURT ORDER. EVEN NOW AFTER THE PRONOUNCEMENT OF THE JUDGEMENT ON THE 27 TH OF AUGUST WE ARE STILL WAITING FOR WRITTEN COPY OF THE JUDGEMENT WHICH HAS ABSOLUTELY NO RELEVANCE TO REST OF THE COUNTRY. ONCE AGAIN IT IS REQUESTED THAT THE HON'BLE FM MAY BE APPRAISED OF THE WHOLE SITUATION. THIS BLOG IS ALSO INTENDED TO REACH ANY PERSON WHO HAVE ACCESS TO FM / PM's OFFICE SO THAT THEY CAN APPRISE THE FM/PM, OF THE INJUSTICE BEING METED OUT TO THE HAPLESS CADRE

rajesh said...

DEAR MR SURYA
PLEASE DO NOT BLAME OUR BELOVED ASSOCIATION, WHICH BY ANY CHANCE, HAPPENS TO BE THE CHAMPIONS OF WEAKER SECTION I.E RESERVED CATEGORY ALSO, WHICH IS WHY ASSOCIATION DID NOT TAKE ANY ACTION TILL DATE, WAITED FOR THE JUDGEMENT TO COME, though could have acted much earlier during the MADRAS court verdict, AND IN MY OPINION ASSOCIATION ALSO DID NOT WISH TO ANNOY THE MAJORITY MEMBERS ALSO, WELL BETTER LATE THAN NEVER,

FOR YOUR KIND APPRAISAL SIR, AS STATED EARLIER IN THIS BLOG THAT ANY VERDICT PRONOUNCED IN THE OPEN COURT IS FULL AND FINAL, ANYONE CAN TAKE ACTION SUO MOTO, NO NEED TO WAIT FOR THE HARD COPY, HOPE I MADE YOU CLEAR,

AND WHAT I HAVE GATHERED FROM MY KOLKATA FRIENDS, CC ALREADY ORDERED FOR REVIEW DPC FROM 1997, HAD THE ASSOCIATION NOT PERUSED THE CC, WE MAY HAVE TO WAIT MUCH LONGER,

PLEASE TRY TO UNDERSTAND SIR, ASSOCIATION IS NOT FOR 77.5 PERCENT SIMPLE MAJORITY, IT IS ALSO FOR THE 22.5 PERCENT SIMPLE MINORITY ALSO.

rajesh said...

DEAR MR SURYA
IF YOU DO FEEL OTHERWISE, YOU MAY ADVICE THE GENERAL ASSOCIATION TO SACK ALL ITS RESERVED CATEGORY MEMBERS SO THAT YOU CAN WRITE 100 PER CENT AND NOT ONLY AND OR MERELY 77.5 PERCENT,
STILL HOPING AGAINST HOPE THAT PEOPLE LIKE YOU WILL UNDERSTAND OUR PLIGHT SOMEDAY

surya said...

Dear rajesh
I always try to avoid direct confrontation but when my blogs are repeatedly taken as anti reservation I have to make my self clear. We are part of one and the same family and should not be pitted against each other. What i am trying to convey is that this foolish stalemate has hampered the career prospects of every body including SC/ST officers. As was already bloggged by Shri. Singh of Chandigarh , he himself being an SC/ST officer was totally against the stay and was infact a victim of it. And if you analyse with a cool head about your talk of victimisation ; What is the victimization? Has any SC/ST officer not been granted promotion for lack of merit and a junior given promotion ahead of him. In the name of pleading victimization and non implementation of roster you want advance promotions and jump ahead of your senior meritorious colleagues. This is sole reason for all the hue and cry being raised in the name of non implementation of roster. The very purpose of giving reservation is that the underprivileged category due to certain social disadvantages may not be able to compete with their better off colleagues and due to this their chances should not be hampered and sizeable percentage of the posts should be earmarked for them alone. This is the only intention of giving reservations where in the communities are uplifted and brought to the mainstream of the society. Even the persons who have envisaged and implemented the reservation policy would not have in their wildest dreams imagined the present situation/scenario wherein the reserved officers are getting promoted ahead of the general category making a mockery of the merit and seniority of the geral candidates. You are also unnecessarily talking about non implementation of roster inspite of madras high court order. There is no issue of general/reserved category in this regard or the association not taking pains to implement it. You very well know that the issue of pay parity of our departmental officers with officers in other police orgnaization, in spite of orders from variouos judicial forums is yet to be implemented, and we are still fighting for that. SEcondly the issue of stagnation even though countless committees have been formed and recommendations obtained to brighten the prospects, whether this has materialized. The fact is that, we all have been meted out raw deals time after time. So please do introspection and try to analyse whether staying the promotions of officers all over the country, some of them who have put in more than 20 years of service is justifiable or not.So please unite and fight for common cause. It is very surprising and dismaying that inspite of the good education we are getting some people are still creating divisions in the name of caste and creed. Instead of fighting and clamouring for petty gains Our aim should be for the common good of the cadre, with a larger aim of a CASTELESS society. From your blogs i understand that you have good knowledge but have a prejudiced mind. When a person has jaundice everything appears yellow in colour. Be dynamic and break away the preset mental blocks and try to evolve. The Motto should be Common good should prevail over selfish gains

Gurwinder Singh said...

You are absolutely right Suryaji.I understand that like many you are not against reservation policy.And the moot question here is that Why?I repeat Why? we innocent Inspectors should suffer for follies and crimes committed by the administrators of Kolkata Zone?None has sought any punishment against those,ans how our(adhoc) promotion was going to give relief (nay sadistic pleasure)to wise people who had obtained stay.We would have always remained junior to them.
Stagnation is hitting all irrespective of category.

So,please stop this bickering which will lead us nowhere and put up a united front and strengthen the hand of the association to achieve our common goals.Don't divide the Association on caste and communal lines.There has to be a common minimum programme(CMP)like the UPA agreeable to all.
We,the direct recruit inspectors who are in the 19-20th year of service are feeling like hapless hostages at the Kandhar Airport at the hands of hijackers(Kolkata people)who would not be freed until they get freed,what a fine judicial system?
Dear all,
I have a suggestion to think over.
Instead of wasting time on blog it is time to act now.10 to 15 seniormost inspectors from all the zones should assemble at New Delhi under the banner of the Association and should start hunger strike before the Chairman office if nothing happens in the next 4-5 days.And also be prepared to shell out Rs.5 to 10 thousands each in case the apex Court is to be moved if required.We should also request the Supdts. as they are also hit by the same gun.
If u agree or have any other suggestion pls. mail me on the following address-
gurwindersingh46@yahoo.co.in
09417696200
09469750911

rajaguru said...

Please state categorically-

Whether reservation policy is applicable for the upgradations effected in 1997 from the grade of Inspector to Supdt. There is a version that reservation is applicable only for promotions and not for upgradations.

Whether the SC/ST officers elevated to the grade of superintendent have found place in the list of selection had reached the level based on merits or whether there was any relaxation such as grace marks, reduction in the standards etc. Somebody should find out from Staff Selection Commission through RTI whether there was any relaxation in standards relating to cut off marks etc. (The general category should not, however, attempt to argue that Fee waiver is a relaxation for this purpose as has been argued by Shri. Kumaraguru. That will be a narrow minded argument).

surya said...

Dear Rajaguru
The Hon'ble Apex court judgement in the case of V.K.SAROTIA (2001) refers. In Central Excise chandigarh zone, based on this decision as well as similar judgement of the Punjab & Chandigarh High Court, reservation has been disallowed for upgradation posts and seniority refixed by conducting review DPC.

Singh said...
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Singh said...
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Gurwinder Singh said...

More than one week has went off.Still copy of the order dated 27/08/10 is awaited.Silence and inaction of the General Secretary is intriguing.Expectations from him are very high because of his being Kolkata based.He owes explanation on blog about the efforts made in this regard and should also inform where is the problem when 244 orders and 16 judgments have been posted on the website of the Hon'ble High court on that day.
He should send telegram me to the Chief Justice of the High Court with a copy to the CJI. Hundreds of Inspectors are languishing on the count.On the one hand our Association is demanding removal of stagnation,whereas on the other we are not able to get for which we are entitled and which has been given to us.So,dear G.S.pls.come up with some explanation on the blog.

rajaguru said...

Dear Surya,
Thanks. The fundamental questions are as follows:

(1).If the elevations effected in 1997 are upgradations, how reservation can be claimed, that too over and above the existing 22.5% on the grounds that those elevations are based on the merit?

(2).If the selection of reserved candidates are based on the relaxed physical standards, grant of grace marks etc (if any), how it can be argued that they entered into the selection list based on the merit?

(3). Let us assume that there is a selection for 200 posts and the cut off mark is 50. General candidates who secured more than 50 are selected for the posts but the selection in the general category is limited to 155 as the law provides for reservation of 45 posts for the reserved candidates. Over and above 155, the general category candidates cannot enter the stream, even if they secure more than the cut off marks. It could be possible that the general category officer who was at the 156th position and denied the selection would have got higher marks than the first of 45 persons selected under the reserved category. In that case, the question is whether that person can be considered as meritorious and qualify for the merit elimination?

(4). The Apex court's decision in the case of R.K.Sabarwal stipulates that meritorious SC/ST candidates cannot be counted under the quota for reservation. Will the reserved category officers got selected as per the relaxed standards be considered as meritorious officers?

I request S/Shri. Ram and Rajesh to enlighten on the above points with arguments in a healthy manner.

rajesh said...

DEAR MR RAJGURU and MR SURYA
I fully agree with your contention, you people are more meritorious than us in all and every respect, we are just trying to catch you up sirs, and what we want is only a small pie from your chunk what was provided to us by our constitution which is required for, to be in the main stream, In plain, simple and healthy manner i would like to say if our demand is not justified then constitution must be changed, we too do not want which is unlawful, unconstitutional and illegal.
regards to all

rajesh said...

dear all
as copied from the comments from GCONNECT....


The SC/ST candidates who get promotion based on their own merit do not loose their identity as SC/ST. It is only for the purpose of ascertaining the total SC/ST candidates in cadre these SC/ST candidates who have promoted on the basis of merit will not be counted as SC/ST rather they will be counted as unreserved candidates. It may also be placed here that it is not to be ascertained as how many SC/ST candidates are there in cadre rather it is to be ascertained as to how many SC/St candidates have been absorbed against the Roster points earmarked for SC/ST. Please do not get confused that whichever SC/ST candidates get promoted is absorbed against the SC/ST points of the Post-based Roster. They may be absorbed against the unreserved points of the Post based roster. Foe example if there are 200 posts vaccant in any cadre, the top 155 candidates in the merit list will be promoted irrespective of the fact that amongst the top 155 candidates there are SC/ST candidates too. These SC/ST candidates who have been promoted within those top 155 candidates will be considered to have been promoted by virtue of their merit and as a result of this they will be shown against the Unreserved points of the Post based roster. It’the first 155 roster points are earmarked as unreserved points while the bottom 45 (15% for SC and 7.5% for ST) are exclusively reserved for SC and ST candidates only. The SC/ST candidates who are selected for promotion (excluding the SC/ST candidates who are in the top 155 candidates absobed against the unreserved points of the roster)against this leftover/lower 45 posts are to be considered as Reserved acndidates for the counting purpose only.
regards

rajaguru said...

Dear Rajesh,
I read both of the above blogs. There is no need for any feelings based on emotions. It should be a scientific argument. Please note the following:

(1). Reserved candidates are entitled to the benefits, WHATEVER, provided for in the constitution and none in India can question that. If anybody questions the right provided under the Constitution of India, it will be an illegal act.
(2). The right interpretation of the above constitutional right is pronounced by the Apex court in the case of R.K.Sabarwal case and therefore, the spirit of the judgement is the law of the land.
(3). As regards the earlier blog of Rajesh, I would like to go a little out of the track to state that I know a person belonging to SC community, who went on VRS from the Department as Supdt in pursuit of his spiritual mission. His calibre is immeasurable and we can say that he can be ranked as Number one in the selection list of 200 persons. Now, he is regarded as GURUJI, even by the higher level officers in the Department. Tamil Saint-cum poet Thiruvalluvar says that all are equal by birth and that the greatness is attained only by their deeds. Guruji, though by birth a SC person, reached a higher level to be respected by the so called higher caste persons. Valmiki's greatness also illustrates this concept. In view of this fact, please stop the argument that SC officers are downgraded.
(4). coming back to the subject and going by the example of Guruji, let us assume that Guruji got the first rank in the list of top 155 meritorious persons of the selection of 200 persons. Though he is entitled to the benefit of reservation for promotion, he gets elevation on his own on merits without enjoying the SPECIAL PRIVILEGE , since he was No.1 in the list. While counting the number of beneficiaries under the reserved quota, Guruji should not be counted since he reached the top level in the rank list and consequential promotion on his own calibre.
(5).Please tell me whether such a yardstick can be applied to a person who entered the selection list at the bottom based on relaxed physical standards, reduced marks etc? whether these people can be considered as meritorious general candidates?
(6).Whether reservation policy is applicable for upgradations effected in 1997 in the light of the judgement of the Hon'ble Apex court in the case of V.K.SAROTIA (2001)? Please note that reservation has been disallowed for upgradation posts and seniority re-fixed by conducting review DPC in Chandigarh zone, based on the above decision as well as similar judgements of the Punjab & Chandigarh High Court.
(7). The judgement of the Apex Court in the case of R.K.Sabarwal was pronounced in 1995, whereas the rectification process was ordered by the Department with effect from 1997. What is the reason for this change? Has the DOPT consulted the Commission for SC/ST in connection with this decision?
I request for the view points from neutral persons and also from the persons belonging to this side and that side.

RAJAN said...

There are many pertinent points which are even overlooked by the Madras High Court and now the same is going to happen again in Kolkata High Court.
The Apex court verdict of R.K. Sabarwal case is not being taken in it's actual and true manner. It is being deliberately twisted and distorted by the lawers in lower courts.
The Apex court judgement in the case of R.K. Sabarwal & Others should be implimented by the Government Of India in its true spirit & letter and be made it applicable to all Govt. Departments, not just under CBEC.

rajaguru said...

Dear Shri. Rajan,
What are the pertinent points overlooked by the Madras High Court? Please enlighten. Please also offer your comments for the questions raised by me in the above blog.

rajaguru said...

Dear Shri. Rajan,
We will ensure that the law is interpreted properly by all the courts strictly in accordance with the spirit of the verdict of the Apex court in the case of R.K.Sabarwal case. Please come forward with more details and arguments so as to create proper awareness.

I also welcome the arguments of S/Shri. Ram and Rajesh.

Singh said...
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murali said...

Has the CBEC acceded to the request of the association to make the promotions effective from 01.04.2010? It is rumoured that Board has issued a letter in connection with the conduct of DPC on 21st September. can any body throw any light on this ?

AICEIACHD said...

RESPECTED SG SIR,

TO GET A COPY OF THE INTERIM ORDER IS THE NEED OF THE HOUR AS IT IS BADLY AFFECTING OUR ACTION ON THE NATIONAL AGENDA. THE COOL RESPONSE TO THE NATIONAL CALL IS THE DIRECT OUTCOME OF THESE ORDERS. PLEASE EARMARK SOMEONE SPECIALLY FOR THIS PURPOSE TO ENABLE THE ZONAL AUTHORITIES TO PROCEED WITH THE PROMOTION PROCESS.

RAJAN said...

Dear Shri Rajaguru,

Any action or explanation of even valid and pertinent points are now seen in other ways. One just needs a good legal expert to point out to the Courts about 1- What is Merit elimination 2- How to do the Roster maintenence and 3- Actual Constitutional guide lines on % Quota of Each Catogery should be stricly followed, as the Apex court in the case of R.K.Sabarwal never pointed out the seniority as Merit, Disturbing the Roster of Officers Non reserved catagory Or Exceeding the Constitutional guide lines on % Quota.
It just says about adjusting the Reserve Catogary Candidates, who competes and qualifies as Non reserved Candidates, to be adjusted as NON RESERVED CANDIDATES THROUGH OUT THEIR CAREER AND THEIR BENEFIT OF RESERVED QUOTA TO BE PASSED ON TO THE OTHER RESERVED CANDIDATES.
But wrong interpretations of the Apex court judgement by the Madras High court and now, as the things going on, after the issue of the WRONG O.M. of 10.08.2010 by DOPT AND YET TO BE SEEN ONLY HEARED Kolkata High Court Interim Order the whole roster of Non Reserved Candidates all India Zone wise will be in disorder.

rajesh said...
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rajesh said...

DEAR SRI RAJGURU
Exceptions are not the Rule it merely proves it,
If you go through the marks obtained by the first 25 candidates and the last 25 candidates from general caste your eye brows will definitely rise seeing the wide gap in marks secured, but it does not mean that the last 25 candidates will perform any poorer than their counterparts, hope this answer your question to some extent,

Anyone doing medical/engineering/MBA etc need have to pass the final exam irrespective of how you got into this stream and a yardstick is always there which is not relaxed even if you belong to reserved category, your caste certificate does not help in relaxing the yardstick set for both the general and reserved category is same, hope you got the answer sir,

And sir, WE TOO WANT CORRECT INTERPRETATION OF LAW, IT SHOULD NOT BE USED AS AN TOOL TO BE USED AGAINST US WITH PRECONCEIVED MIND, I once again reiterate that R K Saberwal case wherein the pronouncement was made on 1995 the om should have been such i.e should made applicable from 1995 and not 1997, yes, the om is wrong,

WE ALSO WANT A SOCIETY WHERE THE DIVISIONS ARE NOT BASED SOLELY ON THE BASIS OF CASTE, CREED, COLOR, SEX AND RELIGION ONLY, but the saddest part is that we are there at the receiving end. It seems so much hue and cry is being raised only because the reserved category officers are going to be benefited, is really very sorry state of affairs.

PLEASE GIVE US SOME BREATH


REGARDS TO YOU SIR

Singh said...
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Sreedhar said...

Dear friends'
I had accessed the Calcutta judgement dtd 27.8.10 and tried to copy it on the blog' but could not do so. On going through the same I got the plain meaning that our dear friends do not want the issue to be settled. Rather the issue is going to be a prolonged and time consuming one. I don't want to make any comment on the judgement and leave it to you as you are all well versed with the language. Now we are left with no other alternative than to pressurise the board or approach the Supreme Court against this order. Think well and comment.
Sreedhar.E,
Kerala

Singh said...

Why so?

THE JUDGEMENT IS VERY CLEAR. THERE IS NOW NO BAR ON PROMOTIONS FROM INSP. TO SUPERINTENDENT. ONLY PROMOTIONS IN THE GRADE OF ASSISTANT COMMISSIONER ARE SUBJECT TO REVIEW DPC IN KOLKATA ZONE BY GIVING EFFECT TO THE POST BASED ROASTER FROM 2.7.1997. THE PROMOTIONS TO SUPDT CAN BE EFFECTED ANY TIME FOLLOWING POST BASED ROASTER FROM 2.7.1997.

MANY CCA HAVE FOLLOWED IT FROM 2.7.1997.

Sreedhar said...

3. The matter has been examined in the light of the above referred judgments and it has been decided
to withdraw O.M. No.36028/17/2001-Estt. (Res.)dated 31.1.2005 referred to above. It is clarified that SC/ST candidates appointed by promotion on theirown merit and seniority and not owning to reservation or relaxation of qualifications will be adjusted against unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997, the date on which post based reservation was introduced.
4. These instructions may be brought to the notice of all
concerned.”Having regard to said office memorandum the learned
Additional Solicitor General very frankly has submitted that the
respondent in the instant case is agreeable to implement office
memorandum dated 10th August, 2010, in respect of the present case is concerned. The present lis was brought by the writ petitioners before the learned Central Administrative Tribunal below seeking implementation of the review DPC as held on 9th September, 2004 giving effect of the judgment delivered in R.K. Sabharwal (supra) on considering the effective date of mplementation as 2nd July, 1997 and praying order/direction to withdraw, rescind, cancel and set aside the subsequent review DPC dated 7th October, 2005.

Sreedhar said...

The learned Advocate for the writ petitioner, however, has
contended before us by filing a supplementary affidavit wherein a
judgment of Central Administrative Tribunal has been annexed
including the order passed by the Delhi High Court allowing withdrawal of the writ application, to this effect that the judgment delivered in R.K. Sabharwal (supra) is a judgment in rem and a judgment under Article 141 of the Constitution of India being the law of the land was required to be implemented by the respondents herein by giving effect of implementation memo from 10th February, 1995, the date of judgment passed in R.K. Sabharwal (supra). In fact, it is the
contention of the learned Advocate for the writ petitioner for the first time in this writ Court that the effective date of the judgment passed in R.K. Subharwal (supra) cannot be modified, changed and varied by any executive decision as that would be nothing but an action to sit over the views expressed in the R.K. Sabharwal (supra) which is a judgment
under Article 141 of the Constitution of India, a binding order and judgment upon all the Courts, Tribunals and the statutory authorities all
over India. Learned Advocate for the writ petitioner, accordingly, prays leave by filing an application seeking amendment of the original writ application to incorporate a prayer so that the writ petitioner would be given benefit of the judgment of Apex Court by making a fresh review
DPC in the angle of issue as finalised in R.K. Sabharwal (supra) by giving its effect from 10th February, 1995. This submission of the learned Advocate has been opposed by the learned Additional Solicitor General by contending inter alia that in the present writ application which is an outcome of the jurisdictional contour detailed and confined
4in terms of the judgment passed in the case L. Chandra Kumar vs.
Union of India reported in AIR 1997 SC page 1125 adjudicatory field cannot be extended further incorporating any new prayer with new pleadings which were not taken before the learned Tribunal below. This issue is a contentious issue. This point to be heard, if any, application for amendment is filed by the writ petitioner. Since at the present moment respondents are facing problem to provide the promotional berth to many candidates who may retire very soon and on that fact a prayer has been made to allow implementation of the decision of review DPC dated 9.09.2004 by giving its effect from 2nd July, 1997,
on the basis of the office memorandum dated 10th August, 2010 as already quoted above.

Sreedhar said...

Considering the prayer, in modification of our earlier interim order as passed, we are passing the interim order to this effect that the respondents would be at liberty to implement the office memorandum dated 10th August, 2010 which means to decide the promotional issue by implementing the decision of the review DPC held on 9thSeptember, 2004 by giving its effect from 2nd July, 1997 and thereby to provide respective promotional berth to the respective candidates who
would come within the zone of consideration on the basis of review DPC decision dated 9th September, 2004 without prejudice to the writ petitioner’s contention as urged today and for which appropriate amendment application would be filed by them as submitted by the learned Advocate for the writ petitioner.
It is made clear that in terms of the interim order any promotion or adjustment of the staff as to be made will abide by the result of this writ application. 5
It is made clear that the decision of the review DPC of 9thSeptember, 2004 should be given effect to by considering the effect of such DPC from 2nd July, 1997 and on that basis promotion orders to be issued and further promotion could be dealt with.It is further made clear to avoid any confusion that first promotion order to be made on the basis of review DPC of 9th
September, 2004 and thereafter further promotion of candidates under all India zones would be considered.Let this matter appear two weeks hence in the list.
Let xerox plain copy of this order duly countersigned by the
Assistant Registrar (Court) be given to the learned Advocates appearing for the parties on usual undertaking.(Pratap Kumar Ray, J.)
(Mrinal Kanti Sinha, J.)

P.Vigneshwar Raju said...

SOME PEOPLE HAVE EXPRESSED DOUBTS THAT THE ORDER MEANS, UNTIL THE FIRST PROMOTION ORDER FROM CALCUTTA ZONE ISSUED AFTER CONDUCTING REVIEW DPC AS ORDERED BY THE HON'BLE COURT, NO PROMOTION CAN BE ISSUED IN ALL ZONES. BUT IT IS NOT CORRECT IN MY VIEW.
THE SENTENCE "thereafter further promotion of candidates under all India zones would be considered." THIS ORDER HAS TO BE READ WITH IN CONJUNCTION WITH THE EARLIER INTERIM ORDER WHERE IT IS SAID THAT " considering the situation, this court is of the view that from this date date there should not be any order of promotion in the concerned promotional post of superintendent and to further promotional post of asst. commissioner in the concerned hierarchy without leave of the court" THERE IS NO INSPECTOR IN ALL INDIA ZONE, IT IS ONLY SUPDTS. THAT ARE IN ALL INDIA ZONE, THEREFORE, THERE IS NO RESTRICTION FOR GIVING PROMOTION TO INSPECTORS IN OTHER ZONES.

madhu said...

I fully endorse the view expressed by Shri Raju. Now what is to be done is that the association should knock the doors of the board urgengly and get the orders issued all over india as there is no condition stipulated in the judgement that the other zones should wait for the completion of review DPC by calcutta zone. I request all the ld members to enlighten further, after going through the judgement please.

Singh said...

Dear raju and madhu.
See by blog at 8:46 PM today.

THE JUDGEMENT IS VERY CLEAR. THERE IS NOW NO BAR ON PROMOTIONS FROM INSP. TO SUPERINTENDENT. ONLY PROMOTIONS IN THE GRADE OF ASSISTANT COMMISSIONER ARE SUBJECT TO REVIEW DPC IN KOLKATA ZONE BY GIVING EFFECT TO THE POST BASED ROASTER FROM 2.7.1997. THE PROMOTIONS TO SUPDT CAN BE EFFECTED ANY TIME FOLLOWING POST BASED ROASTER FROM 2.7.1997.

MANY CCA HAVE FOLLOWED IT FROM 2.7.1997.

The President and SG must take this matter personally with CBEC.

Singh said...

WITH DUE REGARDS, I EXTEND MY SYMPATHY TO THOSE FIVE SC SUPERINTENDENTS OF 1997 BATCH IN KOLKATA ZONE WHO WILL BE LOSING THEIR SENIORITY FOR PROMOTION TO ASSISTANT COMMISSIONER UPTO THREE YEARS IN VIEW OF WPCT 261/2008.

I WOULD ALSO LIKE TO CONGRATULATE THREE GENERAL CANDIDATES AND OTHERS WHO WILL GAIN SENIORITY.

LET JUSTICE PREVAIL.

Rajiv said...

No doubt, we all brothers are bound by the constitution of India,its interpretation by the Hon'ble Supreme Court, so far as reservation policy is concerned.
But, it is great irony that different commissionerates are following different measures in promotion guided by whims and fancies by certain commissioners obviously guided by ultirior motives, which is grossly unconstitutional, which leads to great diparity in implementation of resrvation policies.
It is great irony that,
(1) in spite of clearcut Supreme court ruling that in case of restucturing no quota is to be implemented, how come various Commissionerates acted so, depriving general condidates by doing so,
(2)is it not mandatory that once any candidate gets any privilage on the basis of his/her caste, no further benefit can be extended to them further? If so, isn't there blatant violation of thesame in different Commissionerates.
If so, it is absolutely and urgently desirable that our federation should look into the matter in entiterity with a broad perspective rising above the caste politics and in the interest of parity seek for all India review of all the DPC conducted after 1997 so that this matter may be settled in best interest of all the Central Excise brethern, rising above the petty personal interest.

gokul said...

Yes Mr Raju is absolutely right in saying that the order clearly says about promotions under all india zone which is about supdt where as the Inspectors do not fall under the All India zone..Let our asociation approach the board immediately for early issue of instructions to the concerned our much awaited promotions..at least one in our career...
How sad ........

Gokuldas, Calicut

rajaguru said...

In Chennai Zone, 264 Inspectors were upgraded in 1997 to the post of Superintendents. These 264 Inspectors belonged to 1979, 1980 and 1981 batches. For illustration, 100 belonged to 1979 batch, 100 belonged to 1980 batch and 64 belonged to 1981 batch. That means 22.5 inspectors of 1979, 22.5 inspectors of 1980 and 14 officers of 1981 belonging to SC/ST were included in the list of promotion. The 22.5+22.5=45 inspectors of 1979 and 1980 were placed above the general candidates of 1981 as they belonged to the previous batches.

The leader of the reserved category argues that the 45 officers of 1979 and 1980 belonging to reserved category were accommodated within the top slot of 77.5% posts and therefore, their names should not be counted while counting the heads of SC/ST officers. Practically, it is not so. They reached the top slot of 77.5% due to their batch advantage and not based on the merit as they were at the bottom of 1979 and 1980 batches.

Can we say that these officers got elevated as a result of merit? In that case, is it correct to eliminate their names from counting?

Please illustrate.

surya said...
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surya said...

dear rajiv
with reference to point no (1) wish to clarify that the Hon'ble Supreme Court decision do not mean that resrvation is not at all applicable in restructuring. It only decided that reservation in not applicable in upgradation of posts, where a fixed number of posts were abolished in the lower cadre and upgraded to the next higher post, whereby the total no. of posts of these two cadres combined do not change. All the restructurings in CBEC were not purely upgradations. Reservation is not applicable for pure upgradations only.

Tamil said...

A Layman’s understanding of the issue:
Feeder cadre for promotion to the post of Superintendent of Central Excise is Inspector of Central Excise.
Appointment of Inspectors:
Appointment to the cadre of Inspector is partly by promotion and partly by direct recruitment.
Seniority among direct recruits and promotees:In a service where recruitment is partly by promotion and partly by direct recruitment, the system of fixing seniority by rotation is followed and this is being done in a number of services under the Union of India.
The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendation of the SSC. Where promotions are made on the basis of selection by a DPC, the seniority of such promotees shall be in the order in which they are recommended for such promotion by the committee.
The relative seniority of direct recruits and of promotes shall be determined according to the rotation of vacancies between direct recruits and promotes, which shall be based on the quota of vacancies reserved for direct recruitment and promotion respectively, under the recruitment Rules.
If adequate number of direct recruits is not available in any particular year, rotation of quotas for the purpose determining seniority would take place only to the extent of the available direct recruits and the promotees. In other words, the extent to which direct recruits are not available, the promotees will be bunched together at the bottom of the seniority list, below the last position up to which it is possible to determine seniority, on the basis of quotas with reference to the actual number of direct recruits who become available. The unfilled direct recruit quota vacancies would, however, be carried forward and added to the corresponding direct recruit vacancies of the next year and to subsequent years where necessary, for direct recruitment for the total according to the usual practice.
In other words, there is no separate senior list for Direct Recruit Inspectors and Promotee Inspectors. Once it is mixed, the merit obtained in the process of Direct Recruitment gets diluted. Therefore, they cannot claim any merit status in the seniority list. Further, the combined seniority list is being maintained, irrespective of General Category and Reserved Category.

Singh said...

Dear President and SG,

The Hon’ble Kolkata High Court has passed the following interim order in WPCT No. 261 /2008 on 27.08.2010 (as published in the Court website)

“in modification of our earlier interim order as passed, we are passing the interim order to this effect that the respondents would be at liberty to implement the office memorandum dated 10th August, 2010 which means to decide the promotional issue by implementing the decision of the review DPC held on 9th September, 2004 by giving its effect from 2nd July, 1997 and thereby to provide respective promotional berth to the respective candidates who would come within the zone of consideration on the basis of review DPC decision dated 9th September, 2004 without prejudice to the writ petitioner’s contention as urged today and for which appropriate amendment application would be filed by them as submitted by the learned Advocate for the writ petitioner.”

It means that after the review DPC by Kolkata Zone, further promotions to the grade of Assistant Commissioner are to be effected on all India basis. THE INTERIM ORDER HAS MADE IT CLEAR THAT CBEC IS FREE TO ORDER PROMOTIONS IN TERMS OF LATEST OM DATED 10.08.2010 OF DOPT.

BY THE ABOVE ORDER OF HON'BLE KOLKATA HIGH COURT, THE BOARD DIRECTION DATED 23.03.2010 HAS BECOME INFRUCTUOUS AND MEANINGLESS. SINCE THE LETTER IS IN REFERENCE TO WPCT 261/2008 ONLY, ALL THE CCAs CAN SUO-MOTO ORDER PROMOTION ORDERS OF INSPECTORS IN THE GRADE OF SUPERINTENDENT.

ONLY FOR THE PROMOTIONS IN THE GRADE OF ASSISTANT COMMISSIONER, THE DPC IN KOLKATA IS RELEVANT AS THERE MIGHT BE SOME CHANGES IN THE SENIORITY LIST.

BUT AS FAR AS PROMOTIONS IN THE GRADE OF SUPERINTENDENT ARE CONCERNED, THERE NEVER WAS AND NOR NOW, THERE IS ANY RESTRICTION.

The Hon’ble court has further ordered that:

“It is made clear that the decision of the review DPC of 9th September, 2004 should be given effect to by considering the effect of such DPC from 2nd July, 1997 and on that basis promotion orders to be issued and further promotion could be dealt with.”

It means that only for promotional orders in the grade of Assistant Commissioner, the results of the review DPC of Kolkata are applicable.


The court has further ordered that:

“It is further made clear to avoid any confusion that first promotion order to be made on the basis of review DPC of 9th September, 2004 and thereafter further promotion of candidates under all India zones would be considered.”

It means that the promotional orders in the grade of Superintendent to Assistant Commissioner on all India basis are to be effected only after review DPC in Kolkata Zone.

As clearly stated by Hon’ble Court Kolkata High Court, the Union of India is free to implement the Office Memorandum dated 10.08.2010 giving effect to the post based roster from 02.07.1997.

In view of above, the Board may be pleased to pass instructions to all Cadre controlling authorities all over India to effect promotions in the grade of Superintendent in terms of OM dated 10.08.2010 and withdraw its letter dated 23.03.2010.

AS THE REGULAR DPC HAS ALRAEDY BEEN OVER DELAYED, IT WILL BE THE INFRINGEMENT OF THE FUNDAMENTAL RIGHTS OF THE DESERVING CANDIDATES, WHICH INCLUDE GENERAL AS WELL AS RESERVED CATEGORY CANDIDATES TO FURTHER DELAY THE MATTER ON ADMINISTRATIVE GROUNDS.

THE CIRCLE ASSOCIATIONS AND ALLINDIA BODY MUST TAKE UP MATTER AT APPROPRIATE LEVEL TO GET PROMOTION ORDERS ISSUED.

jitender said...

The need of hour from the Executive members at the helm of association is to remind Chairman, CBEC telephonically to issue letter today positively to all cadre controlling authorties for carrying out DPC in the grade of Superintendent in the light of Calcutta High court judgment dated 27.8.2010 and in reference to letter of the President,AICEIA dated 30.8.2010.

madhu said...

Dear Singh sab, how fairly and clearly u have interpreted the judgement of the calcutta hight. kudos to you for having studied the judgement so minutely and interpreted the same with clarity and doubtless. I fully endose the view point. So I urge the association to immediately bang the doors of the Board and see that all CCAs issue the promotion orders this week itself without wasting further time. We have already suffered a lot. Now please dont subject us to any further humiliation....I hope all my fellow officers would agree to this point and express their comments on this blog.

jitender said...

please give the feedback of the telehonic conversation with the Chairman, CBEC for the knowledge of the members of the association who are groping in dark.

murali said...

It has all along my understanding that it was never the court's intention to stay the promotion of Inspector to Superintendent. However, the Board in its wisdom has ordered for the stoppage of the same. It is but justice that the promotions of Inspectors should be effective from 24.03.2010, i.e., the date on which the DPC was supposed to be held (in Chennai Zone). The Board by its orders has infringed upon the Inspectors right to be considered for promotion which is a fundamental right. AICEIA is requested to take up this matter earnestly, at least at this juncture. It has also been rumoured that the review of seniority may take up an inordinate amount of time in view of the complexeties involved and as such effecting ad hoc promotions would be appropriate.

Tamil said...

Departmental Promotion Committee:
The panel is prepared by the DPC in the order of their inter-se seniority in the feeder cadre and there shall be no supersession in promotion among those who are found fit by the DPC, in terms of procedure prescribed by DOPT. No preference is given to the grading such as EXCELLENT, OUTSTANDING, VERY GOOD AND GOOD. The element of selectivity shall not be determined with reference to the relevant bench- mark cited above. A running account of officers is being maintained according to their seniority. Suppose 100 Officers are on the list to be promoted as indicated below. It is only an illustration.
LIST OF CANDIDATES AVAILABLE FOR PROMOTION
Sl.No Category Sl.No Category Sl.No Category Sl.No Category
1 General 26 General 51 General 76 SC
2 General 27 General 52 General 77 SC
3 General 28 General 53 General 78 SC
4 General 29 General 54 General 79 General
5 General 30 General 55 General 80 General
6 General 31 General 56 General 81 SC
7 General 32 General 57 General 82 SC
8 General 33 General 58 General 83 SC
9 General 34 General 59 General 84 SC
10 General 35 General 60 General 85 SC
11 General 36 General 61 SC 86 SC
12 General 37 General 62 SC 87 SC
13 General 38 General 63 SC 88 SC
14 General 39 General 64 SC 89 ST
15 General 40 General 65 SC 90 ST
16 General 41 General 66 SC 91 ST
17 General 42 General 67 SC 92 ST
18 General 43 General 68 ST 93 General
19 General 44 General 69 ST 94 General
20 General 45 General 70 ST 95 General
21 General 46 General 71 ST 96 General
22 General 47 General 72 SC 97 General
23 General 48 General 73 SC 98 General
24 General 49 General 74 SC 99 General
25 General 50 General 75 SC 100 General

Suppose there are 50 vacancies to be filled by promotion. As per Reservation Policy, 38 Officers from general category and 12 Officers from Reserved category will be drawn. Therefore, Officers from 1 to 38 from General category and 12 Officers belonging To SC/ST placed at Sl.Nos 61 to 72 will be drawn.
The remaining Officers available for promotion are as under:

LIST OF REMAINING CANDIDATES AVAILABLE FOR PROMOTION
Sl.No Category Sl.No Category Sl.No Category Sl.No Category
51 General 76 SC
52 General 77 SC
53 General 78 SC
54 General 79 General
55 General 80 General
56 General 81 SC
57 General 82 SC
58 General 83 SC
59 General 84 SC
60 General 85 SC
86 SC
87 SC
88 SC
39 General 89 ST
40 General 90 ST
41 General 91 ST
42 General 92 ST
43 General 93 General
44 General 94 General
45 General 95 General
46 General 96 General
47 General 97 General
48 General 73 SC 98 General
49 General 74 SC 99 General
50 General 75 SC 100 General

In the case of another promotion for 50 Officers, 38 Officers from General Category are to be drawn. The Officers placed at Sl. No. 73 to 78 and 81 to 89 cannot claim that they are eligible for promotion under General category as they are within their own merit/seniority. But for the adoption of reservation policy, Officers placed at Sl.No. 61 to 72 would not get their promotion. Because of this, the Officers placed at Sl.No 73 to 78 and 81 to 89 have automatically gone up in list and not by their own merit. Therefore, the promotions are to be effected based on the adoption of reservation policy and there is no place for own merit.
In the case of first 50 promotions, they demand adoption of reservation policy but for the next 50 promotions they demand based on their own merit. It definitely seems improper and unjust. A uniform policy has to be adopted, either based on the seniority or adoption of reservation policy.
Let the layman be enlightened

Tamil said...

Departmental Promotion Committee:
The panel is prepared by the DPC in the order of their inter-se seniority in the feeder cadre and there shall be no supersession in promotion among those who are found fit by the DPC, in terms of procedure prescribed by DOPT. No preference is given to the grading such as EXCELLENT, OUTSTANDING, VERY GOOD AND GOOD. The element of selectivity shall not be determined with reference to the relevant bench- mark cited above. A running account of officers is being maintained according to their seniority. Suppose 100 Officers are on the list to be promoted as indicated below. It is only an illustration.
LIST OF CANDIDATES AVAILABLE FOR PROMOTION
Sl.No Category Sl.No Category Sl.No Category Sl.No Category
1 General 26 General 51 General 76 SC
2 General 27 General 52 General 77 SC
3 General 28 General 53 General 78 SC
4 General 29 General 54 General 79 General
5 General 30 General 55 General 80 General
6 General 31 General 56 General 81 SC
7 General 32 General 57 General 82 SC
8 General 33 General 58 General 83 SC
9 General 34 General 59 General 84 SC
10 General 35 General 60 General 85 SC
11 General 36 General 61 SC 86 SC
12 General 37 General 62 SC 87 SC
13 General 38 General 63 SC 88 SC
14 General 39 General 64 SC 89 ST
15 General 40 General 65 SC 90 ST
16 General 41 General 66 SC 91 ST
17 General 42 General 67 SC 92 ST
18 General 43 General 68 ST 93 General
19 General 44 General 69 ST 94 General
20 General 45 General 70 ST 95 General
21 General 46 General 71 ST 96 General
22 General 47 General 72 SC 97 General
23 General 48 General 73 SC 98 General
24 General 49 General 74 SC 99 General
25 General 50 General 75 SC 100 General

Suppose there are 50 vacancies to be filled by promotion. As per Reservation Policy, 38 Officers from general category and 12 Officers from Reserved category will be drawn. Therefore, Officers from 1 to 38 from General category and 12 Officers belonging To SC/ST placed at Sl.Nos 61 to 72 will be drawn.
The remaining Officers available for promotion are as under:

LIST OF REMAINING CANDIDATES AVAILABLE FOR PROMOTION
Sl.No Category Sl.No Category Sl.No Category Sl.No Category
51 General 76 SC
52 General 77 SC
53 General 78 SC
54 General 79 General
55 General 80 General
56 General 81 SC
57 General 82 SC
58 General 83 SC
59 General 84 SC
60 General 85 SC
86 SC
87 SC
88 SC
39 General 89 ST
40 General 90 ST
41 General 91 ST
42 General 92 ST
43 General 93 General
44 General 94 General
45 General 95 General
46 General 96 General
47 General 97 General
48 General 73 SC 98 General
49 General 74 SC 99 General
50 General 75 SC 100 General

In the case of another promotion for 50 Officers, 38 Officers from General Category are to be drawn. The Officers placed at Sl. No. 73 to 78 and 81 to 89 cannot claim that they are eligible for promotion under General category as they are within their own merit/seniority. But for the adoption of reservation policy, Officers placed at Sl.No. 61 to 72 would not get their promotion. Because of this, the Officers placed at Sl.No 73 to 78 and 81 to 89 have automatically gone up in list and not by their own merit. Therefore, the promotions are to be effected based on the adoption of reservation policy and there is no place for own merit.
In the case of first 50 promotions, they demand adoption of reservation policy but for the next 50 promotions they demand based on their own merit. It definitely seems improper and unjust. A uniform policy has to be adopted, either based on the seniority or adoption of reservation policy.
Let the layman be enlightened