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| ALL 15/1 Strand Road, Custom House, M.S.Building, 7th floor, Kolkata-700001 (Affiliated to the Confederation of Central Government Employees & Workers) Recognised by Ministry of Finance [vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08] |
President : Arun Zachariah.P 09447037011 Working President: A.S. Kundu 09426746721 Vice President (NZ): Lekh Raj Meena Vice President (SZ): N. Venkitakrishnan Vice President (WZ): V.K.Tyagi Vice President (EZ): Sanjay Singh Vice President (CZ): S.K. Panda Secretary General: Kousik Roy 09831007827 Asst. Secy. General: N. Balraj 09849859460 Liaison Secretary: Shibaji Ch. Nayak 09437090969 Jt. Secretary (NZ): Aabhay Singh Jt. Secretary (SZ): Shankar Rao Jt. Secretary (WZ): R.B.Meena Jt. Secretary (EZ): Pramod K. Dhal Address for Correspondence: Block-‘B’ Flat No. 301 68, Phone : 03322420693 Cell : 09831007827 E.Mail: Web Page : www.aiceia.blogspot.com | Ref. No. AICIEA/ Asscn/175 08.09.2010 To The Chairman, Central Board of Excise & Customs, Department of Revenue, Ministry of Finance, North Block, Sir, Sub: Stay on promotions ordered by Calcutta High Court – Reg A kind reference is invited to our letter 23.07.2010 and 30.08.2010 on the above subject. Despite our repeated requests for directing the cadre controlling authorities to conduct and keep the results of DPC s ready, no directions has been issued by the Board. It doesn’t require much elucidation to bring home the point that such an act on the part of the Board would have brought a scrap of confidence among the employees who are waiting for their first promotion for more than 2 decades. We regret to point out that the promptness shown in communicating the stay gets entangled in red tape when the lifting of the stay is required to be communicated. The interim order of Calcutta High Court issued on 27.08.2010 has now been published in Court Website and we request that the issue may not be procrastinated further by insisting on a certified copy. (which is already issued and in care of Kolkata Chief Commissioner) In terms of the interim order, the only condition precedent for issuing the regular promotion order is the issuance of order consequent to the review of DPC held on 09.09.2004 in Kolkata Commissionerate. Hence we submit that the most effective way in hastening the matter would be to fix a time frame for Kolkata CCA for issuing the orders consequent to review DPC and a date for all CCA s to issue orders in the zone, rather that waiting for a compliance report from Calcutta to issue directions to other CCA s. I.e. if the final date fixed for Kolkata CCA to issue order is 10.09.2010, other CCA s may be required to issue order on 13.09.2010. We would like to reiterate that the date of effect of the promotion orders should at least be from 01.07.2010. We also wish to highlight the fact that already several officers who were in line for promotion in the calendar DPC have retired during the month of July and August there by losing out on their pension benefits and social status. Hence we request that the directions in terms of the preceding paragraph may be issued immediately so that the similar officers retiring in this month at least would be saved. Yours faithfully (KOUSIK SECRETARY GENERAL |
Wednesday, September 8, 2010
Request for EARLY d.p.c.
Posted by Secretary General on 9/08/2010 03:54:00 PM with 19 comments
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19 comments:
Thank you. AICEIA ! for the prompt action. The tone, tenor and style has Arun Zachariah written all over it. It is worth appreciation.
Dear Kousik Roy,
Please talk on phone also with the Chairman to expedite the things.
The letter written is appreciable, but it looks as if we are interpreting the order as to conduct in other zones only after calcutta zone is conducted review DPC. On first instance itself the Board has done a blunder by issuing a circular not to effect promotions all over India by wrongly interpreting the injunction order.What I feel is that the present interim order is only applicable to the calcutta zone as far as it is concerned to Inspectors and all India zone for Supdts. Because no Inspector is in All India Zone or Zones.
Dear Kousik,
You had written a letter to Board. Now what is required is follow up. Use your good offices and connection in Delhi and get the directions issued immediately. The general members are eagerly waiting for it.
Do act with urgency
Regards
Sreedhar.E
dear s.g.,
the effective date for the comrades who were in the verge of promotion should be (the supplementary DPC) for the previous year shouuld be the date of letteer communicating the stay or the original DPC date that was scheduled.
in respect of normal dpc for the year 2010-11 it should be 1st july,2010.
kindly do the need ful.
THANKS TEAM AICEIA. WE EXPECT FOLLOW UP TILL NEXT VISIT TO BOARD OFFICE.
While it is appreciated that AICEA has written a letter to Chairman to instruct CCAs to conduct review DPC within time frame, I doubt, the judgement has been misunderstood by AICEA Gen.Secy in so far as the board has been requested to instruct calcutt zone to conduct review DPC and issue promotion orders immediately so as to enable other CCAs also to release the promotion orders. In fact, on going through the judgement, one can understand that it now where said that other CCAs should release the promotion orders only after Calcutta has zone has done it. Thus, by this letter of the association, the board is at the advantageous stage to sleep over it again as has been done all these days. Therefore, what is to be done now is that the Gen Secretary speak to the Chairman and request for immediate release of promotion orders in other Zones by the time Calcutta zone completes its exercise.
In Chennai Zone, it is learnt that The Administration required time upto 21.9.2010 to conduct the review DPC and the regular DPC would be held on 22.9.2010. As could be seen from the seniority list of the superintendents upto 1997, it seems that injustice was meted out to reserved candidates. The representatives of reserved category are participating in the exercise to point out discrepancy in the DPC held from 1997 to 2001. They have got the right to ensure that the constitutional right is made available to them.
At the same time, the General category officers of Chennai Zone, especially in the city of Chennai should spare a few hours to verify whether the general candidates are UNDULY affected due to incorrect interpretation of the verdict of the Apex court in the case of R.K.Sabarwal or wrong calculation. The following factors are important:
(1). Whether reservation policy is applicable for upgradations, as equal number of posts in the cadre of Inspector are abolished? Please refer the decision of the Apex Court in the case of Sarotia as well as the follow up action taken in Chandigarh to revert the SC candidates as per that decision. It would be pertinent to note that the 1997 elevations are upgradations and not promotions.
(2).Whether there were any special recruitment drive for SC/ST candidates during the relevant period (1979, 1980, 1981 batches) for which promotions were effected in 1997? If so, whether these candidates can be considered as meritorious general candidates for merit elimination?
(3). In respect of common recruitment for general and reserved categories, whether there were any reduced standards with regard to physical standards, passing minimum or award of bonus/grace marks in comparison with the general candidates. It may be noted that in the selection list of 200 persons, the general candidate at the 156th place would be thrown out from the list even if he had secured more marks than the first person recruited under the reserved category. In that case, whether he can be considered as meritorious general candidates?
(4). As regards Chennai Zone, about 250 persons who were upgraded in 1997 belonged to minimum three batches (1979, 1980 and 1981). If reservation is to be allowed for these 1997 beneficiaries, it has to be allowed within that batch only. The reserved candidate of a lower batch should not be allowed to climb the ladder meant for a higher batch. Adjustment/swap of officers, for giving effect to the reservation policy, should be permitted within that year/batch only and the swap should not spread to the previous year/batch.
The learned viewers are requested to offer the comments on the subject matter as well as the factual position so that justice is rendered to both general and reserved category officers. Time is running out. Please remember, the DPC in Chennai Zone is on 21.9.2010 and 22.9.2010.
Dear Mr. Rajaguru,
Thanks for pointing out.
Hope the same should be done strictly in every zone including KOLKATA, so that no one should suffer.
The AICEIA should ensure DPC enforcement Time frame of 01.03.2010 and 01.07.2010 for all Inspectors whose promotions are held up due to STAY, in all zones including Kolkata
when the date of DPC has already been fixed by the chennai zone without the approval of the board, why cannot the other zones fix the date of the DPC on the same lines. whether they are waiting for the nod of Board in writing before proceeding further like an obedient student. First of all the Board has wrongly restrained the zones from carrying out the promotions.Secondly, if the zonal offices go for DPC there would not be any infringment of the court's order. Moreover, for follow up physical presence to the Board office is not required, when the same can be followed/persued telephonically many a times in a day.
it seems we are beating around the bush. When the court has given its judgement which does not bind the other CCAs (except Calcutta zone) to conduct DPC and release the promotion orders (I hope most of the CCAs have already done it and only promotion orders are to be issued) the matter is again getting twisted for one reason or the other. Now there are three holidays ahread. So nothing has has happened this week. Going by the nature of the situation, and things getting from bad to worse, it is felt things will not materialise soon and it is going to be further complicated....the situation is very fluid as the case may come up again ater a week or so and there is every chance that justice will not happen in the near future if prompt action is not taken immediately. It is felt, all affected officers in one voice should make efforts to see that atleast adhoc promotion orders are issued failing which the issue gets over delayed and as we now there are officers who have already retired/in the verge of retirement without tasting a single promotion in their entire career. Happened is happened. is it not enough? So we may all think over and act before it is too late.
since there is a mistake on my above blog, I repeat court did not mean that the other CCAs should wait till completion of the exercise by the Calcutta Zone as could be understood from the judgement, the other CCAs could very well conduct DPC and release the promotion orders if not atleast adhoc orders, for which AICEIA should act swiftly.
A very good suggetion.
When will our voices be heard in CBEC.
Removing Acute Stagnation In our Gr. B service is utmost priority.
Otherwise we have to end our career with the single promotion only.
Dear Roy,
Thanks for writing to Chairman. However as stated by some, all other zons DPC need not wait till CCA KL. issues orders. Further CCA of each zone should make it public as to how the review DPC is held and number of vacancies notified till August. 2010. and not 1.7.2010.This is because when DPC is being held later than July 2010 then it should upto the completted month. i.e August 2010. so that more inspectors as cleared by DPC will get promotion. Please clarify and write to all CCA s too. Let the process be completed atleast by Sept.2010. Continue your efforts on Cadre restructure also. Let us pray God nothing new creeps in.
Yours sincerely,
M.RAM KUMAR,
SERVICE TAX COMMTE,
BANGALORE
mramkumar2@gmail.com
Dear Friends,
on inquire about the DPC & promotion order by the CCE, Vadodara, the JS ( ADMN ) had confirmed that you can go for DPC and issue of notifying one date for promotion order in all over india will be put up in FULL BOARD MEETING till that u can't issue promotion order.
Now, fact is that "Board is apparently disinterested and insensitive to our pains and frustration.
If Board is not issueing any guideline on Monday or Failing which we will have to take measure to convince the Board of our pain and tribulations.
yours Maheshchandra, gujarat
As the Calcutta CCA has completed review DPC formalities nothing now prevents the Board to instruct the concerned CCAs to release promotion orders immediately. For that purpose, the AICEA leaders may immediately swing into action and if need be, contact their Counterparts at Delhi; they may meet the Chairman and follow up the matter vigorously so that orders are issued within two days.
Dear Kousik Roy,
Please follow up the matter with chairman on phone if not possible personally today i.e on 13.9.2010 as the DPC by the cadre controlling authorty is pending for want of nod of cbec. Please treat it as most urgent.
Board vide its circular F.No.C-18012/6/2009 Ad.II B dated 23.3.2010 had, interalia, only stalled promotion orders subject to completion of DPC by Calcutta CCA. Since that exercise is over, CCAs are free to issue promotion orders after getting a nod from CBEC. For members knowledge, the AICEIA may also put on blog the news of completion of review DPC by calcutta zone as is done by hyderabad customs.
Dear Secretary General,
wake up this CBEC Board from its slumber by blowing trumpets so that it may fulfill the desires of the officers today by giving nod for promotion and comply with the directions of FM as a senior finance ministry official said "the FM had asked the chairmen of both the CBDT and the Central Board of Excise and Customs (CBEC) to ensure that nongazetted employees, who are the backbone of the two departments, should not be harassed and forced to engage in unnecessary litigation against the department."
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