Wednesday, March 23, 2011

Letters submitted to Board recently

Posted by Secretary General on 7:52 AM with No comments

Ref. No. AICIEA/CBEC/70/2011                                    21.03.2011

To
          Ms Lalitha John,
          Member (P&V), Central Board of Excise & Customs,
          Department of Revenue, Ministry of Finance,
          North Block, New Delhi.

Madam,

 Sub: Facility of Inter Commissionerate transfer to Inspectors of Central Excise –        Reg

The facility of Inter Commissionerate Transfer available to Inspectors of Central Excise in terms of Board’s policy dated 20.05.1980 was banned vide F. No. 22015/3/2004 – Ad III A dated 19.02.2004. Since the limited facility of deputation transfer introduced in lieu of ICT did not cater to the requirements of the cadre, this Association has been demanding the reinstatement of facility.
                                                                            
However, the Board on a fallacious premise that ICT would result in protracted litigation on seniority refused to reinstate the facility and instead made a partial relaxation to the ban ordered in the year 2004. At present Board has permits ICT only in the following category of cases.

  1. Where the spouse is working in Central Government or State Government
  2. Where the employee is appointed on compassionate grounds
  3. Where the employee is physically handicapped.

We wish to submit that the above are not the only categories of compassionate circumstances that call for considering the transfer request of an employee. A non exhaustive list of such circumstances is given below.

1.    Employees having aged parents who are their dependant and who are unable to relocate.
2.    Unmarried women employees working outside their home state.
3.    Spouse employed in non-transferable non-government organization.
4.    Employees with dependant siblings
5.    Employees with health problems

We submit that restricting the facility of ICT to certain categories of cases is discriminatory and retrograde. Further in the present scenario of all India recruitment, there is no rationale in requiring an officer to serve in a zone allotted against his choice for the rest of his career.

We wish to point out a well contained ICT policy is prevailing in CBDT as per their F. No. A-22020/76/89-Ad VII dated 14.05.1990 and the same is operating smoothly in that department. No justification can be attributed for denying a similar facility for the employees in CBEC.  We also wish to say the apprehension of litigation on seniority involved in ICT is not well founded. The 20.05.1980 policy of the Board has stood the scrutiny of Apex Court in several cases.
       In these circumstances, we request you to reconsider the matter and grant the facility of ICT on all compassionate circumstances in terms of Boards policy dated 20.05.1980.
                                                                                           
                                                                                                    Yours faithfully


                                                                                            KOUSIK ROY
                                                   SECRETARY GENERAL


Ref. No. AICIEA/CBEC/71/2011                                   21.03.2011


To
          Ms lalitha John,
          Member (P&V), Central Board of Excise & Customs,
          Department of Revenue, Ministry of Finance,
          North Block, New Delhi.

Madam,
     Sub: Sub: Promotion to the grade of Superintendent – Model Calendar for DPC

DOP& T vide OM No. 22011/1/2011 – Estt D dated 11.03.2011 has instructed all Ministries that DPC s for filling up vacancies should be held at least two months before the commencement of vacancy year and for the vacancy year 2011-12 the DPC proceedings are to be completed by 31.03.2011.

The cadre controlling authorities all over the country are following the instructions contained in Board’s F. No. A- 32012/9/89 Ad II B dated 26.06.1990 wherein the DPC for promotion to the grade of Superintendents are to he held in the month of June and the orders to be issued on the last working day of the month.

Consequent to the new instructions of DOP&T, it is requested to issue urgent instructions to the cadre controlling authorities to conduct the DPC for the year 2011-12 before 31.03.2011.

Thanking you
                               
                                                                           Yours faithfully


                                                                             KOUSIK ROY
                                                                                   SECRETARY GENERAL

Ref. No. AICIEA/CBEC/72/2011                                   21.03.2011
To
          Ms Lalitha John,
          Member (P&V),, Central Board of Excise & Customs,
          Department of Revenue, Ministry of Finance,
          4th floor, Deep Sikkha Building, New Delhi.

Madam,
     Sub: Proposal for grant of in-situ promotion to Group B Executive Cadres

I wish to place on record our gratitude to the Board for having granted in principle approval for an in-situ promotion scheme for Group B Executive cadres as has been demanded by this Association. The DGHRD vide letter dated 07.03.2011 have called for data from all zones in order to finalize the scheme. In this regard we wish to submit the following.

During our earlier interactions, we were given to understand that the proposed scheme would be a continuing one and would effectively replace the MACP scheme. However the format for compiling data circulated by DGHRD gives an impression that this is a one time measure. We would submit that unless the proposed scheme is a continuing one, it would further compound inter cadre disparities since all the Examiners and Preventive Officers who completes their qualifying service after regular appointment in that grade gets their promotion as Appraiser/Superintendent without any waiting period. The 1993 batch of Preventive Officers got their promotion in the year 2001-02 i.e during the last round of restructuring. Whereas in Central Excise 2668 Inspectors appointed between 1986 and 1993 are still awaiting promotion.

The proposal envisages to give in-situ promotion as Assistant Commissioner to all Group B Executive Officers with 20 years of service as Inspector and Superintendent together with a rider that there should be a minimum of 3 years residency in Superintendent grade. Apparently this part of the scheme is intended to give solace to 1991/92 batches of Inspectors and Preventive Officers since the 1992 batch of Examiners have already become Assistant Commissioner. We submit that here also the Central Excise Inspectors would be in the receiving end since 1476 Inspectors upto 1992 batch are yet to be promoted as Superintendents and almost all of the Superintendents who got their promotion within the last 3 years belongs to batches senior to 1992 and because of this particular requirement of residency, all of them would out of the scheme. It is therefore requested that while finalizing the scheme, the condition of residency may not be insisted upon for an initial period of 3 years. Similarly Superintendents with more than 25 years of service in Inspector & Superintendent Grade put together may be promoted in situ as Deputy Commissioners and not as Assistant Commissioners.

Thanking you

                                                                        Yours faithfully


                                                                             KOUSIK ROY
                                                                                   SECRETARY GENERAL


Ref. No. AICIEA/CBEC/73/2011                                   21.03.2011

To
          Ms Lalitha John,
          Member (P&V),, Central Board of Excise & Customs,
          Department of Revenue, Ministry of Finance,
          4th floor, Deep Sikkha Building, New Delhi.

Madam,
    Sub:   Cadre restructuring 2011-filling up of post in the cadre of AC/DC- by upgradation to bring parity up to December 2001-reg.

  At the time of implementation of the Cadre Restructuring proposal, 4247 vacancies in grade of Assistant Commissioner would arise consequent to the creation of fresh vacancies in that grade and higher grades.    At present there is wide disparity in the promotional avenues, among the 3 feeder cadres to the extent that 2001 Appraiser (1992 Examiner) has already been promoted where as 1992 Superintendent of Central Excise (1975 Inspector) is till Superintendent. The existing ratio if adopted to fill up the vacancies will worsen the disparity. It has to be appreciated that one of the major objective of this cadre restructuring is alleviation of stagnation and doing away with inter cadre and intra cadre disparities among analogous posts.   It is therefore imperative that these posts have to be filled up by following specific norms so as to achieve parity among the feeder cadres.

2.       The details of the number of persons of three feeder cadres up to 2001 are given below.
Year of Promotion/entry into Group B Gazetted
Officers remaining in service as on 1/1/2011 waiting for promotion as Assistant Commissioners.
Supdt of CE
Supdt of Cus(P)
Appraiser
1992
173
0
0
1993
411
0
0
1994
353
1
0
1995
337
1
0
1996
784
192
0
1997
1012
113
0
1998
155
70
0
1999
37
5
0
2000
124
4
0
2001
335
4
2
TOTAL
3721
390
2

  
3.       It may be seen from the above that the proposed number of posts would be required to promote all the Superintendents of Central Excise and Superintendents of Customs up to December 2001 and to bring parity with appraisers        

4.       We therefore request that the proposed additional posts may be ordered to be filled up by promotion to bring parity among the 3 feeder cadres by adopting the date of joining the cadre, as a one time measure, in relaxation of the recruitment rules.
Thanking you
                               
                                                                        Yours faithfully


                                                                             KOUSIK ROY
                                                                                   SECRETARY GENERAL





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