Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in the Case of N R Parmar v/s. Union of India

F. No. AICEIA/ADMIN/2014/05                      Date: 07.05.2015                                

To

The Member (P&V),

Central Board of Excise & Customs,

North Block,

New Delhi-1.

Sub: Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in the Case of N R Parmar v/s. Union of India by many CCAs - Reg.

Madam,

    Please refer to the letter No. A-32022/06/2014-Ad.III A dated 08.09.2014 issued by the CBEC, New Delhi regarding Inter-Se Seniority of Direct Recruit & Promotee Officers.

   In this context, it is to submit that many Cadre Controlling Authorities have not yet finalized the Seniority List of Inspectors in light of Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India.  The CCAs of Central Excise & Service Tax Zones like Bangalore, Mumbai, Ranchi etc. have not prepared the Seniority List yet, despite the lapse of many months.

       Many Inspectors of different zones have forced to move to CAT in order to get the said judgment implemented. For example, some officers in the grade of Inspectors had to approach the Hon’ble Central Administrative Tribunal, Ahmedabad, which granted a blanket stay on conduct of DPC, till Seniority List dated 01.01.2013 is revised in light of the said judgment of Hon'ble Supreme Court.  Finally, the draft Seniority List as on 01.04.2014 was prepared by CCA, Vadodara as per the guidelines of CBEC regarding the implementation of the Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India and was submitted to the Hon’ble Central Administrative Tribunal, Ahmedabad on 07.10.2014.  Further, CCA, Vadodara vide its letter dated 14.10.2014 (copy enclosed) published the revised draft Seniority List as on 01.04.2014. However, the same could not be finalized as some of the Inspectors of 2003 Batch (Joined in the year 2005) subsequently approached the Hon’ble High Court of Gujarat for implementation of the said Hon’ble Supreme Court judgment in their case as well and the same is pending before the Hon’ble High Court, but it is pertinent to mention that no stay has been granted by the Hon’ble High Court on the Seniority List as on 01.04.2014 till date.

        

     Madam, despite Association's requests dated 28.04.2015 & 29.04.2015, the Chief Commissioner of Central Excise, Vadodara/Ahmedabad zone is validating the “Seniority List as on 01.01.2013” for the purpose of calling willingness of Officers in the grade of Inspectors for Gujarat Customs in view of AGT-2015 instead of the “Seniority List of 2014”.

         Madam, this situation persists in many zones (like Kolkata) where the seniority list on the basis of the above said judgment of Hon'ble Supreme Court has been prepared and circulated but for promotion, AGT & other matters, the old seniority list is being used.

     In this regard, it is requested to issue suitable directions to the competent authorities for preparation & issuance of Seniority List in light of N R Parmar Judgment without further delay and issuance of ‘Due List’ of Inspectors for Gujarat Customs in consonance with the Draft Seniority List as on 01.04.2014.

        Thanking you.

Encl. As above

                     Yours faithfully,

Sd/-

Abhishek Kamal

Secretary General

Copy submitted to:-

(1)    The Chief Commissioner, Central Excise: Vadodara Zone, Central Excise Bhavan, Race Course Circle, Vadodara-390 007 for favour of kind information please.

(2)    The Chief Commissioner, Central Excise: Ahmedabad Zone, Near Polytechnic, Ambawadi, Ahmedabad-380 015 for favour of kind information please.

(3)    The Chief Commissioner, Customs: Gujarat Zone, Custom House, Navrangpura, Ahmedabad for favor of kind information please.

(4)    The National Vice-President (Representing West Zone), All India Central Excise Inspectors’ Association, Rajkot with reference to his letter dated 28.04.2015.

Abhishek Kamal

Secretary General