On 10.05.2014 the Finance Minister gave the go ahead for implementing CR in the CBEC. Notifications of the new formations and staff allocations are expected to be made public shortly. For our cadre the most important concern now is whether our long standing issues of stagnation and intra-cadre as well as inter-cadre disparities are addressed in the implementation of the CR, and if so, to what extent.
The present Committee of the AICEIA had made a promise to this cadre at the Patna Convention in December 2012 that we will not rest till regional disparities in promotions among the various Zones are not eliminated, and All India Seniority for Inspectors of Central Excise does not become a reality. We have not left any stone unturned in our efforts in this direction, and during the past many months there has hardly been a door left which we have not knocked seeking justice. The responses that our efforts have met with have varied from appreciation to ridicule, encouragement to fury, indifference to unstinted support. We have faced it all with equanimity, and we thank every single member of the Central Executive Committee for standing by us through these diffcult times. As the Restructuring unfolds in its implementation, it will be revealed to us how we are treated in this family.
Next month, there will be a change of guard in the AICEIA, and it is time now for our youthful comrades to take over the reins of this Association. I exhort the relatively fresh entrants into the cadre to come forward and lead from the front this organisation and strive to secure for themselves much better careers than those that we have seen - remember, most of us holding key positions in the organisation today have put in around twenty years of service as Inspectors, and we have only ourselves to blame for not foreseeing this plight much earlier and not having agitated unitedly and stridently for what is rightfully ours! Once All India Seniority is ushered in, I'm sure it'll be a far more united Association with commonality of interests, and a spirited movement can be launched for betterment of career prospects and service conditions for Inspectors.
The ADG(HRM), DGHRD, CBEC has issued an OM calling for views of Associations on All India Seniority for Inspectors after the Board has at last taken a decision in-principle to prospectively introduce All India Seniority for Inspectors and informing convening of a meeting to hold consultations on the issue. AICEIA has submitted its views today . Scanned copies of the subject OM and letter submitted by us in response are placed below. We hope that the Board will appreciate our perspective and will be alive to our concerns while taking a final call in this matter.
Ajit Kumar K G
Secretary General
6 comments:
The all India association of Superintendents of Central Excise is opposing the all India seniority of Inspectors since 1996 onward for the reasons best known to all of us. The two zones, Delhi and Odisha, are too ahead from other zones in the matter of promotions from Inspector to Supdt. As per DOPT guidelines, seniority has to be fixed as per the merit list prepared by SSC/UPSC. When there is all India merit list of Inspectors since 1996, as to how there can be seniority based on zonal CCAs. This is in fact contempt to the Hon'ble Apex Court's judgment in Radheyshyam Singh vs UOI. The aforesaid association along with HRD is interpreting the said judgment that it is applicable only for the purpose of preparing merit list and not for drawing seniority list. It appears it is interpretation of aforesaid judgment with malifide intention.
It is very unfortunate,that the leaders of AICEIA without knowing the fact properly have posted such type of useless comment in the public domain. So far AIACEGEO is concerned, we have never objected for preparation of all India seniority list in the cadre of Inspectors. Inspectors of 1996 ( 20 in nos) joined in 2003 as per all India merit list after Radhesyam case. Out of such 20 , one joined in Delhi another one at Gujarat and the remaining 18 either in Shillong or in Kolkota. We have very categorically stated that all India seniority list is required to be maintained from such batch. We have tried for a joint movement but it was failed but it does not mean that one association should criticize another association openly without knowing the facts. I condemned not only the above comment but also the office bearers who allowed such comment to post in blog post.
I have no intention to hurt anybody. If my elder brothers are hurt due to my aforesaid comment, I am extremely sorry for said comment. It was a healthy discussion and should be taken in right spirit only. However, I would like to raise the issue again that AIB of Superintendents has through its blog tried to justify the existence of regional disparities among promotions from Inspector Cadre to Superintendent Cadre genuine citing various reasons that such a disparity also occurs in Income Tax and the RRs do not allow to maintain all India seniority list, etc. Even, as far as I remember, some judicial cases were also cited in favour of it. If I am speaking true, kindly correct my views if there is any distortion, Superintendents association has never addressed any letter to Board's office requesting therein to prepare all India seniority list of Inspectors after 1996 and to remove regional disparity after implementing said seniority list. If there is true spirit, it would have been better that AIB of Superintendents give its written consent to the Board for preparation of all India seniority list of Inspectors since 1996 onwards and as usual display said letter on its blog. We may request Board to prepare said list based upon merit list sent by SSC and giving posting to promoted officers as per formula adopted by consent. It should be left for the Board as to whether it accepts said proposal or rejects it. The issue raised by said AIB for merger of three cadres of Inspector CX, Inspector (Preventive) and Inspector (Examiner) in the CBEC is welcomed and we fully support said demand of AIB of Superintendents Association. But we do expect a similar clarification in writing from Superintendents Association for having all India seniority list of Inspectors in Central Excise since 1996 onwards. We first of all have to clean our house before demanding cleanliness from the houses of our neighbours. In the present circumstances, it has become very embarrassing for a directly recruited Inspector of 1993 batch to work under a promoted Inspector of 2002 batch who has been promoted to the post of Superintendent in 2012 (say in Delhi Zone). As far as RRs of 1987 are concerned, in terms of the DOPT guidelines, RRs have to be changed after every 5 years. Therefore, if said RRs are challenged before the Court of Law by anybody, those RRs may be held as non-existent since 1992 (after 5 years from 1987). Moreover, the Supreme Court had in its judgment of Radheyshyam Singh Tomar vs. UOI held as “But we make it clear that this judgment will have prospective application and whatever selections and appointments have so far been made in accordance with the impugned process of selection shall not be disturbed on the basis of this judgment. But in future no such selection shall be made on the zonal basis. If the Government is keen to make zone-wise selection after allocating some posts for each zone it may make such scheme or rules or adopt such process of selection which may not clash with the provisions contained in Article 14 and 16 of the Constitution of India having regard to the guidelines laid down by this Court from time to time in various pronouncements.” Since CBEC after the issuance of said judgment has not made any such rules for zone wise selection, the maintenance of zone wise seniority, which is purely based on selection merit prepared by SSC, is totally against the judgment of Hon'ble Apex Court. Even the policy was required to be made so that the real intention of the statute behind right to equality as enshrined in Article 14 and 16 of the Constitution of India is not violated. But the zone wise allocation of candidates selected on all India merit list places a candidate, who has achieved higher marks and rank in merit list, below the candidate securing lower marks and rank and leads to regional disparities. This is clearly violation to the right to equality and leads to non-application of aforesaid judgment of Supreme Court in toto and may be considered as contempt to Apex Court’s judgment.
Dear officer,
In addition, there is OM dt.24.9.1997 issued by DoPT, directing specifically on the MoF to prepare Seniority/Service Rules for proper management of Human Resource.
The copy of said OM has been given by Zonal committe on Disparity(consisting 7 Associate Units of AIACEGEO)to the current Chairperson of CBEC during meeting held under appointment, in Feb 2014.
All is well if zonal disparity is abolished in this CR. Else, all those affected Zone Gr-B executive officer should stand-up for their OWN Self-Respect & Protection/Restoration of their rightful SENIORITY.
Thanks......SK PATIL,PUNE 09822530530
Gentleman,
In addition, there is OM dt.24.9.2014 issued by DoPT asking MoF specifically asking to have Seniority/Service Rules for proper management of Human Resource.
The copy of said OM has been given by us to the current Chairperson of CBEC during Feb 2014, in meeting.
If CR does not abolish the zonal disparity then all the officers of affected zone/s should stand up to protect / Restore their natural Seniority.
Courts are open to give justice, if our Administrative department is not willing to give justice. O.K.?....SK PATIL,PUNE 09822530530
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