F.No.
AICEIA/Study Group/HRD/2014/13 Date:01.09.2014
To
Shri Sanjai
Srivastava,
The AAD (Policy),
DGHRD, Central
Board of Excise & Customs,
409/8, Deep Shikha,
Rajendra Place
New Delhi-110 008.
Sub: - Acute Stagnation in Group ‘B’
Executive grades:-Analysis of various options
available to address the
problem - Reg.
*****
Sir, Please refer to the minutes of the meeting held on 31.07.2014
issued vide letter F.No.8/B/194/HRD (HRM)/2013/3091 dated 21.08.2014.
In the said meeting dated
31.07.2014, we had submitted our representation vide letter F.No. AICEIA/Study
Group/HRD/2014/09 dated 31.07.2014 (copy enclosed). During the meeting, all the
suggestions mentioned in our representation were discussed in very clear and
convincing manner and many of them were accepted and agreed upon but the same
have not been incorporated in the said Minutes.
We repeatedly requested thorough our various letters and categorically
requested in the meeting to give some interim relief/report and the same was
agreed by the department side but we do not find the same in the said
minutes. Further, we also requested the
Study Group many times vide our letters even no. 07 dated 15.07.2014 and 09
dated 31.07.2014 (copies enclosed) and also requested during the meeting to
submit the recommendations of the study group before the implementation of the
same before Cadre Restructuring is rolled out in CBEC and if CR is rolled out
without following the recommendations of the Study Group, there will be no
meaning of the Study Group. The Study
Group has been formed by the CBEC pursuant to AICEIA taking up the matter
with Revenue Secretary, Govt. of India who subsequently directed CBEC to
address the problem of stagnation and regional disparity. Since, the CR has
been rolled out without even waiting the recommendations of the Study Group,
there are chances that problems of stagnation & regional disparity do not
get redressed this time. Hence, the very
essence, spirit and efforts of the authority to constitute the Study Group will
suffer and there is no meaning of the Study Group.
We had also requested to draw a detailed minutes, in which all of our
submissions along with the views/actions required from the department side
should be incorporated whether they are possible or not. If any of our points is not practical, the
reason of its impracticality must be incorporated in the minuets. By going through the said minutes, it is
crystal clear that some of our points have not found any place in the said
minutes whether the same was agreed upon or not.
It
has been noticed that the said minutes is incomplete and appears as more of a
brief based on memory than minutes of the said meeting. It is quite evident
from the fact that our submissions like not to change the residency period for
Inspectors of Central Excise for promotion to the Grade of Superintendent of
Central Excise have no reflection in the said minutes. Hence, it is requested to draw a fresh
Minutes of the meeting held on 31.07.2014 in the office of DGHRD, Saket, New
Delhi with the following points (with detailed views of department on every
points), which were already discussed during the meeting and presented in
written also:-
1. Filling up of vacancies of the post
of Superintendents of Central Excise arising out of the ongoing Cadre
Restructuring exercise in the CBEC must be done in a manner which permanently
removes the disparities among the 15 Cadre Control Zones in promotions of Inspectors
to the Superintendent of Central Excise.
2.
Seniority
of Inspectors must be drawn on All India basis: - On 9.12.1996 Hon’ble Apex Court OM dated 1986 (copy enclosed). Further, the following points are important
while deciding All India Seniority of Inspectors:-
i.
The
first batch of Inspector so selected by SSC belongs to 1996, who were selected
after Re-examination taken by SSC based on the above said judgement of the
Hon’ble Supreme Court and none of them have not got promotion in any zone, so
far and thereby providing the hassle-free opportunity to the Board for
implementing All India Seniority of Inspectors from 1996.
ii.
CBEC
had provided “All India Transfer Liability” to the Inspectors of Central Excise
appointed on the basis of Combined Graduate Level Examination 2003, vide
Board’s letter F.No. A. 32022/19/2008 - -Ad.III.A dated 19.11.2010 (copy enclosed).
Accordingly, the OFFICE MEMORANDUM (appointment letter) issued to the
Inspectors (CE) had been amended whereunder the Clause (xi) of the OFFICE
MEMORANDUM (Appointment letter), as mentioned above, has been superseded by the
following clause: - (xi) He/She is granted the provision of “All India Transfer
Liability”.
iii.
CBEC
also provide “All India Transfer Liability” to the Inspectors of Central Excise
appointed on the basis of SSC Graduate Level Examination, 2005 vide Board’s
letter F. NO. A-12034/SSC/2/2008-AD.III(B) dated 28.07.2008 (copy enclosed).
iv.
It
is worthy to mention here that the above mentioned Terms & Conditions shall
necessarily be treated as a part of their service condition and thereby a part
of the Recruitment Rule for the said post, which has not been framed so far, in
a long span of almost 12 Years.
v.
It
is to submit that, vide Board’s letter F. No. C 18013 /100 /2003 AD. III. B dated 24.10.2007, the post of
Inspector (C. Ex.), Inspector ( P.O.), and Inspector ( Examiner) under CBEC in the pay scale of 6500-10500 re-classified as Group ‘B’ Non-
Gazetted w.e.f. 11.12.2003 but, no Recruitment Rule was made for the newly
up-graded post of Inspector (CE) (Gr. –
B Non-gazetted), so far. The RR for the post of Inspector CE as Gr-B (NG)
should have been made within 03 months in terms of DoPTs guidelines
(Ref:-GUIDELINES ON FRAMING / AMENDMENT / RELAXATION OF RECRUITMENT RULES –
issued by DOPT)
vi.
The
DoPT has also mandated the All India Seniority by way of deleting para 3.5 of
the OM dated 03/07/1986 which provided the
loss of seniority on Zonal Transfer. It was done by the DoPT vide OM dated 11.11.2010.
vii.
It
is noteworthy to mention here that on the personnel policy matters, DoPT being
nodal Department is required to be consulted by all administrative Ministries /
Departments before issuing any instructions / guidelines relating to personnel
policy matters of Central Government Employees. Thus, the OMs/guidelines issued
by the DoPT may please be referred to, which legally and statutorily mandates the
All India Seniority for the Inspectors CE, selected based on All India Merit
list drawn by the selecting agency, i.e. SSC, in the light of Hon’ble Apex Court
viii.
It
is pertinent to quote here that Para 2.1 of D.O.P.T. O.M. Dated 03.07.1986
stipulates that in accordance with MHA O.M. No. 9/11/55-RPS Dated 22.12.59 “The
relative seniority of all direct recruits is determined by the order of merit
in which they are selected for such appointment on the recommendations of the
UPSC or other selecting authority, persons appointed as a result of an earlier
selection being senior to those appointed as a result of a subsequent
selection”.
ix.
From
the same, it is quite clear that for all the direct recruits, selected by same
exam, there has to be a single seniority list.
Also in the light of guidelines on Seniority Policy under DOPT’s O.M.
No. 35014/2/80-Estt.(D) dated 7.2.1986 & O.M. No 22011/7/1986-Esstt. Dated
03/07/1986, no junior in selection made through ‘All-India-merit-list’ should
be promoted before his/her senior of the same list. For the same, Seniority of
Inspectors must be drawn on All India basis, effective 1996.
x.
Promotion
of any Inspector recruited under the All India Merit List, without taking into
account of OMs/guidelines issued by the nodal Department may lead to flood of
litigation and court cases all along.
In view of above, All India
Seniority of Inspectors CE since 1996 batch (joined in 2003) is the only
legitimate and judicious way out to eradicate intra-cadre disparity in
promotion of Inspector CE to the post of Superintendent CE among different
CCAs. This can easily be done by way of promoting all the Inspectors CE who
belongs to Zonal-Selection process i.e. appointed prior to the above said
judgement and for the All India Selection batches, All India Seniority can be
done, without creating any administrative and statutory/legal crisis.
3.
Suggestions
on the Revision of Recruitment Rules of Superintendent of Central Excise and
IRS (C&CE) was sent vide Association’s letter Ref. No. AICEIA/CBEC/RR/2014
dated 11.02.2014 (copy enclosed) should be considered before implementation of
Cadre Restructuring. The key point of
the suggestions on revision of RR of IRS (C&CE) are as under, for ready
reference:-
i.
To
address the regional disparity in promotion- The seniority of the officers in
the eligibility list (for promotion to IRS) shall be prepared on the basis of
combine length of service in the grades of Inspector of Central Excise and
Superintendent of Central Excise or Inspectors and District Opium
Officers/Intelligence Officers/Superintendent (Executive) in the Narcotics
Department. Since, the issue of
stagnation is exceptional among all service, to check this issue exceptional
remedies are needed.
ii.
To
improve the number of vacancies available for promotion at the lowest
functional level of IRS (C&CE) and addressing the problem of
Stagnation-Twenty five percent of vacancies in the Grade of Assistant
Commissioner of Customs & Central Excise shall be filled by direct recruitment
and seventy five percent of the vacancies shall be filled by promotion. This is in line with the recruitment rule of
India Postal Service and would increase the promotion prospects of Group-B
cadres due to increase in the number of posts to be filled by promotion, as
well as protect the direct recruits from stagnation.
4.
A
new organized service be created under the CBEC, for a start even with just
Group “B” executives as part of it, if it is not considered possible
immediately with Group “A” posts also in the new service to tap the vast pool
of skilled and specialized work force available in the CBEC and to ensure
time-bound promotions to these cadres also.
5.
Promotion
of all Inspectors, who have completed eight years of service: - We seek
upgradation as Superintendent of Central Excise of all Inspectors in the
country who have completed eight years of service. This measure will not entail any significant
burden on the exchequer since in any case Inspectors get entitled for salary of
a Superintendent by way of MACPS on completion of 10 years of service. As far as functional issues are concern, it
is an undeniable fact that in almost all formations of the department there is
practically no difference in the work of a Superintendent and Inspectors of
Central Excise. It is also pertinent to
mention that in 1996-97, an upgradation of Inspectors to Superintendents was
done with the sole purpose of mitigating the condition of stagnation obtaining
then, which wasn’t as grave as it is today.
The copy of Board’s letter dated 10.09.1996 is enclosed herewith.
6.
Merger/Unification
of three Group “B” Executive Non-gazetted cadres into one cadre: - The Director General (HRD), Customs &
Central Excise also recommended the same saying that this is the most feasible
option, as it has the potential to end forever the problem of inter-cadre
disparities in promotional avenues in the said Inspector grade cadres [Copy of
letter dated 07.05.2014 issued by the ADG (HRM) enclosed]. Letters submitted by this Association bearing F.
No. AICEIA/Merger/HRD/2012/03 dated 19.05.2014 and even no. 02 dated 12.05.2014
is very germane to the issue at hand and the copies of the same are enclosed
herewith for consideration accordingly.
7.
Immediate
scraping of any move to reduce Residency Period for promotion of Inspectors to
the grade of Superintendents of Central Excise before All India Seniority for
Inspector is brought in and all regional disparities in promotions within the
cadre eliminated permanently.
In view of
the above, it is requested to draw a fresh Minutes of the said meeting with the
details views of the department on each and every point, as discussed in the
said meeting. Further, it is also to
intimate that we have not received the minutes of the meeting held on
19.05.2014 in the office of DGHRD despite our several requests vide
letters F. No. AICEIA/Merger/HRD/2012/04
dated 12.06.2014, AICEIA/Merger/HRD/2014/05 dated 15.07.2014 and letter no. 06
dated 15.07.2014 (copies enclosed).
Hence, we are not sure if any committee/study Group is willing to solve
the issues of regional disparity and stagnation or not. However, we once again request you to redraw
the Minutes of the meeting held on 31.07.2014 keeping in view all the points
submitted during the said meeting and provide the Minutes of the meeting held
on 19.05.2014.
Thanking you.
Encl.
As above (Thirteen sheets)
Yours
faithfully,
(Abhishek Kamal)
Secretary General
Copy for information to:-
- The Revenue
Secretary, Govt. of
- The Chairperson,
CBEC, North Blok,
- The Additional Director General, Center
of Excellence, NACEN, 3rd Floor, Tower-3 & 4, NBCC Plaza,
Sector-5, Pushp Vihar, Saket, New Delhi- 110 017.
(Abhishek Kamal)
Secretary General
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