'CHILD CARE LEAVE'...... CONDITIONS REVISED RED SALUTE TO WORKING CLASSES MOVEMENT

No. 13018 /1/2010-Estt. (Leave)
Government of India
Minisby of Personnel, P.G. and Pensions
(Department of Personnel & Training)
New Delhi, the 7th September, 2010
Office Memorandum
Sub: Child Care Leave in respect of Central Government employees
as a result of Sixth Central Pay Commission recommendations -
Clarification regarding

The undersigned is directed to say that this Department has been receiving representations from Government Servants through various quarters like the Public Grievances CelVAssociations etc requesting to review the decision to allow Child Care Leave (CCL)
only if the employee has no E.L. at her credit.
2. This Department's O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave in respect of Central Government employees and subsequent clarifications vide O.Ms. dated 29/9/2008, 1811 112008 and 2/12/2008 were reviewed.
It has now been decided in consultation with Department of Expenditure, to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, subject to the following conditions:-
(i) CCL may not be granted in more than 3 spells in a calendar year.
(ii) CCL may not be granted for less than 15 days.
(iii) CCL should not ordinarily be granted during the probation
period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
3. It is reiterated that the leave is to be treated like Earned Leave and sanctioned as such.
4. These orders take effect from 1.9.2008. Earned Leave, if any, availed by women employees before availing CCL subsequent to the issue of the OM 13018/2/2008-Estt. (L) dated 18- 1 1-2008 may be adjusted against CCL, if so requested by the employee.
5. Hindi version will follow.
Director
All Ministriesmepartments of the Govt. of India, etc
(As per standard mailing lrsr).
F.No. 13018/1/2010-Lstt.(O New Delhi, the 7"' Seote~nber 2010
Copy also forwarded to:
I . All MinistrieslDepartme~lt of the Govl. of India.
2. Office orthe Co~nptroller& Auditor General of India.
3. Office of the Controller General of Accounts. Ministry of Financc.
4. Secretaries to Union Public Service Com~nissionISupre~nCe ourt of India/
Election Com~l~issionlLok Sabha Sectt./Rajya Sabha Sectt.1Cabinet
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Prirne Minister's OfficelPlanning Co~nlnission.
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New Dellli.
8. All Members ol- Stafl' Side of the National Council of JCMlDepartr~~e~~tal
Council.
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12. Railway Bmrd, New Delhi.
n. NIC, DOPI'.
14. 50 spare copies.

Request for EARLY d.p.c.

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION 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, Shibpur Road, Shibpur, Mandirtala, Howrah-711102 Phone : 03322420693 Cell : 09831007827 E.Mail: sgaiceia@gmail.com, roy.kousik@rediffmail.com arun_zach@yahoo.com 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, New Delhi. 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 ROY) SECRETARY GENERAL

KOLKATA HIGH COURT INTERIM ORDER

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27.08.2010
W.P.C.T. 261 of 2008
C.A.N. 3238 of 2010
Mr. Joydeep Kar,
Mr. Nilay Sengupta,
… For the petitioners.
Mr. Farook M. Razack, A.S.G,
Mr. Pratip Kumar Chatterjee,
Mr. Swapan Dutta
… For the Union of
India.
____________
Heard the learned Advocates appearing for the parties. A recent office memorandum issued from the Ministry of Personnel, Public Grievances and Pensions Department of Personnel
and Training, Government of India dated 10th August, 2010 has been placed before us. In terms of the said circular, the judgment passed in the case R.K. Sabharwal and others vs. State of Punjab and others reported in (1995) 2 SCC 745, which earlier was intended to be
implemented by O.M. No. 36028/17/2001-Estt. (Res.) dated 31st January, 2005, stood modified by withdrawing the said circular letter and clarifying the issue that implementation of the said judgment of R.K. Sabharwal and others vs. State of Punjab and others should be
done with effect from 2nd July, 1997 by giving effect of the office memorandum effective from 2nd July, 1997. This office memorandum reads such:- “Subject: Reservation in promotion – Treatment of SC/ST candidates promoted on their own merit.
------------
The undersigned is directed to refer to this Department’s O.M. No. 36028/17/2001-Estt. (Res.) dated 11th July, 2002 which
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clarified that SC/ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the
reservation roster and not against reserved points. It was subsequently clarified by this Department’s O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 that the above referred
O.M. took effect from 11.7.2002 and that concept of own merit did not apply to the promotions made by non-selection method. 2. Central Administration Tribunal, Madras Bench in O.A. NO. 900/2005 (S. Kalugasalamoorthy v/s. Union of India & Others) has set aside the O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority, the scope of consideration and counting him against quota reserved for SCs does not arise. The High Court of judicature at Madras in the matter of UOI v/s. S. Kalugasalamoorthy (W.P. No. 15926/2007) has upheld the decision of the Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred judgments and it has been decided to withdraw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owning to reservation or relaxation of qualifications will be adjusted against
unreserved points of reservation roster, irrespective of the fact whether the promotion is made by selection method or non-selection method. These orders will take effect from 2.7.1997, the date on which post based reservation was introduced. 4. These instructions may be brought to the notice of all concerned.” Having regard to said office memorandum the learned Additional Solicitor General very frankly has submitted that the respondent in the instant case is agreeable to implement office memorandum dated 10th August, 2010, in respect of the present case is
concerned. The present lis was brought by the writ petitioners before the learned Central Administrative Tribunal below seeking implementation of the review DPC as held on 9th September, 2004 giving effect of the judgment delivered in R.K. Sabharwal (supra) on
considering the effective date of implementation as 2nd July, 1997 and 3 praying order/direction to withdraw, rescind, cancel and set aside the subsequent review DPC dated 7th October, 2005.
The learned Advocate for the writ petitioner, however, has contended before us by filing a supplementary affidavit wherein a judgment of Central Administrative Tribunal has been annexed including the order passed by the Delhi High Court allowing withdrawal of the writ application, to this effect that the judgment delivered in R.K. Sabharwal (supra) is a judgment in rem and a judgment under Article 141 of the Constitution of India being the law of the land was required to be implemented by the respondents herein by giving effect of implementation memo from 10th February, 1995, the date of judgment passed in R.K. Sabharwal (supra). In fact, it is the contention of the learned Advocate for the writ petitioner for the first time in this writ Court that the effective date of the judgment passed in R.K. Subharwal (supra) cannot be modified, changed and varied by any executive decision as that would be nothing but an action to sit over the views expressed in the R.K. Sabharwal (supra) which is a judgment under Article 141 of the Constitution of India, a binding order and judgment upon all the Courts, Tribunals and the statutory authorities all over India. Learned Advocate for the writ petitioner, accordingly, prays
leave by filing an application seeking amendment of the original writ application to incorporate a prayer so that the writ petitioner would be given benefit of the judgment of Apex Court by making a fresh review DPC in the angle of issue as finalised in R.K. Sabharwal (supra) by
giving its effect from 10th February, 1995. This submission of the learned Advocate has been opposed by the learned Additional Solicitor General by contending inter alia that in the present writ application which is an outcome of the jurisdictional contour detailed and confined
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in terms of the judgment passed in the case L. Chandra Kumar vs. Union of India reported in AIR 1997 SC page 1125 adjudicatory field cannot be extended further incorporating any new prayer with new pleadings which were not taken before the learned Tribunal below. This
issue is a contentious issue. This point to be heard, if any, application for amendment is filed by the writ petitioner. Since at the present moment respondents are facing problem to provide the promotional berth to many candidates who may retire very soon and on that fact a
prayer has been made to allow implementation of the decision of review DPC dated 9.09.2004 by giving its effect from 2nd July, 1997, on the basis of the office memorandum dated 10th August, 2010 as already quoted above. Considering the prayer, in modification of our earlier interim order as passed, we are passing the interim order to this effect that the respondents would be at liberty to implement the office memorandum dated 10th August, 2010 which means to decide the promotional issue by implementing the decision of the review DPC held on 9th
September, 2004 by giving its effect from 2nd July, 1997 and thereby to provide respective promotional berth to the respective candidates who would come within the zone of consideration on the basis of review DPC decision dated 9th September, 2004 without prejudice to the writ
petitioner’s contention as urged today and for which appropriate amendment application would be filed by them as submitted by the learned Advocate for the writ petitioner. It is made clear that in terms of the interim order any promotion or adjustment of the staff as to be made will abide by the result of this writ application.
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It is made clear that the decision of the review DPC of 9th September, 2004 should be given effect to by considering the effect of such DPC from 2nd July, 1997 and on that basis promotion orders to be issued and further promotion could be dealt with. It is further made clear to avoid any confusion that first promotion order to be made on the basis of review DPC of 9th
September, 2004 and thereafter further promotion of candidates under all India zones would be considered. Let this matter appear two weeks hence in the list. Let xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Advocates appearing for the parties on usual undertaking.
(Pratap Kumar Ray, J.)
(Mrinal Kanti Sinha, J.)

LETTER TO CHAIRMAN ON 30.08.2010

AICEIA/PRES/2010 ` Dated 30.08.2010

To
The Chairman,
Central Board of Excise & Customs,
Department of Revenue, Ministry of Finance,
North Block, New Delhi.

Sir,
Sub: Stay on promotions ordered by Calcutta High Court – Reg

A kind reference is invited to our letter dated 23.07.2010 wherein we had requested inter alia to direct all cadre controlling authorities to conduct the DPCs and keep the panel ready for issuance of promotion order immediately on vacation of the stay.

Now that the stay order issued by the Honourable High Court of Calcutta in WP (CT) No. 261/2008 has been modified on 27.08.2010 we request your good self to issue immediate instructions to the cadre controlling authorities to convene the DPC in their zone and to keep the panel ready. It may also be instructed that the promotion orders issued as a result of the DPC should be given effect from 01.07.2010 as the delay in issue of the order is only on account of the stay order. This stipulation is essential as the date of promotion would have a bearing in the matter of next promotion as well in the matter fixation of pay and also to ensure uniformity among the zones.

As you are well aware, the officers who are in the line of promotion have already put in more than 17 years of service and the delay in getting the promotions have caused deep sense of resentment and frustration among the officers. I request you that the agony may not be compounded further and necessary orders be issued.

In anticipation I remain.

Yours faithfully


ARUN ZACHARIAH.P
PRESIDENT AICEIA

Chandigarh Circle won the battle

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION
CHANDIGARH CIRCLE
(Comprising: Central Excise Commissionerates of Chandigarh-I, Chandigarh-II, Ludhiana, Customs Preventive Commissionerate, Amritsar, Customs and Central Excise Commissionerate, J&K)
Office Address : Room No 7, C. R. B., Sector 17-C, Chandigarh
H.O :15/1 Strand Road, Custom House, M. S. Building, 7th floor, Kolkata-700001
(Affiliated to the Confederation of Central Government Employees & Workers)
{Recognized by Ministry of Finance vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08}
e-mail: eims12345@gmail.com
Web Page : http://www.aiceiachd.blogspot.com/
Ref. No. AICEIA Chd. Circle/55/2010/ Dated: 28/08/2010


To

Sh. Kaushik Roy,
The Secretary General,
All India Central Excise Inspector’s Association,
15/1, Strand Road, Custom House,
Kolkata.

Respected Sir,

Sub: Administrative decisions taken by the Chief Commissioner/ Commissioners against the Government Policies in this Zone – reg.


Please refer to this Circle communication Ref. No. AICEIA Chd. Circle/41/2010 dated 21.06.2010, addressed to the Hon’ble Member (CX), CBEC New Delhi with a copy to your good office.
The Chandigarh Circle feels its pleasure while informing that after the kind intervention of the Hon’ble Member as well as our All India Leadership, the Administration at Chandigarh Zone has given an opportunity to this Circle to discuss the issues raised. On coming to know that the issues raised have not been presented properly, the Chief Commissioner has passed directions to the Commissioners under his charge to give a serious look to the deviations from the agreed upon norms, inclusive of those deviations where relaxations were obtained, and take immediate corrective steps to ensure a transparent administration. On 10.08.2010, the Chief Commissioner has given a patient hearing assuring all the grievances of the Association to be resolved within 15 days. Thereafter, a Committee of Commissioners/Additional Commissioners was formed and we were given a hearing again on 19.08.2010 in which the issues raised were discussed in detail. The Committee of Commissioners/Additional Commissioners has assured immediate remedial action in respect of the deviations from the agreed upon norms and strict implementation of government directives. In the entire process of attending to the issues raised, the Chief Commissioner as well as the Committee of Commissioners/Additional Commissioners has gone beyond the call of the Association and we feel highly obliged while welcoming steps taken in this regard. However, much remains in action to maintain the spirits.
This all has been possible due to the futuristic approach of the Hon’ble Member (CX) as well as the Secretary General who have come to the rescue of saving honours as well as identity of the Zones/Circles under their charge. This Circle especially acknowledges the efforts put in by you as Secretary General, All India Central Excise Inspector’s Association, Kolkata, who stood by this Circle in this hour of crisis when the matters were presented to the Hon’ble Member (CX), CBEC, New Delhi. Your actions, surely, administrate the propriety of All India Leadership and the suggestion over discussions with the administration at Chandigarh Zone has supplemented your farsightedness. It has been a matter of pride for us as Chandigarh Circle is enjoying the blessings of All India body under the able leadership of Sh. Arun Zacharia, the President and Sh. Ajay Kundu, the Working President.
In view of the recent developments at the level of Administration at Chandigarh Zone, we request your goodself to put on hold the implementation of resolution arrived at the Central Executive Committee Meeting of AICEIA, Kolkata, held at Indore (M.P.). We are re-assured that all the administrative decisions taken against the Government policies shall be reversed. We shall be submitting the outcome of actions taken by the Administration, very shortly. In the meantime, you may like to inform the Hon’ble Member (CX), CBEC, New Delhi, appropriately.
Assuring the best on behalf of Chandigarh Circle.
Yours faithfully


(MANOJ NAYYAR)
PRESIDENT

Copy to:

1. Sh. Arun Zacharia, President/Sh. Ajay Kundu, Working President, All India Central Excise Inspector’s Association, Kolkata for information please.
2. Sh. Malkit Singh, General Secretary, Sh. S. K. Bansal, Vice President: Sh. R. S. Sethi, Joint Secretary; Sh. Mukesh Anand, Treasurer and Sh. Kulwinder Kumar & Sh. Resham Singh Sidhu, Special Invitees AICEIA, Chd. Circle, Chandigarh.
3. The Notice Board, Commissionerate Headquarters of Chandigarh/Ludhiana/Amritsar and J&K.

Interim Order passed by Kolkata High Court

Initially the case No. WPCT 261/2008 was placed as item no. 07 before the Honourable Judge of Bench No. 14 of Kolkata High Court. At the outset A.S.G. pleaded for hearing of the case as item no. 01 as agreed by the Honourable Judge in the last hearing. So the longest hearing started and after hearing the case an interim Judgement passed by the Hon’ble High Court. It was understood that the review DPC held on Setember- 2005 in Kolkata Zone ( giving effect of post based roaster from July 2002)is to be reviewed immediately and the effect of post based roaster is to be effected from 2^nd July-1997, it appears that right after rectification of this review D.P.C. in the Kolkata Zone promotion order in different zones will be effected. Print copy of the judgment is yet to reach our hand.

25th August first day of agitation

First day of our agitation was very very successful through out the country, in a word we can say that Inspectors of Central excise participated in the tiffin time demonstration programme through out the country barring a few places. We request all the Inspectors to participate in the next series of programmes so that we shall be able to maintain a pressure on the Government. As information received the restructuring exercise is moving very very fast, hope the Kolkata high court case may also get some solution by the end of this week. Today we have relaeased a press note the same is appended below:

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 Jt. Secretary (CZ): H.K. Ghoshal Address for Correspondence: Block-‘B’ Flat No. 301 68, Shibpur Road, Shibpur, Mandirtala, Howrah-711102 Phone : 03322420693 Cell : 09831007827 E.Mail: sgaiceia@gmail.com, roy.kousik@rediffmail.com arun_zach@yahoo.com Web Page : www.aiceia.blogspot.com

PRESS RELEASE The Inspectors of Central Excise all over the country is embarking on the path of agitation from today under the banner of All India Central Excise Inspectors’ Association, the only recognized association representing the cadre. Notice of the agitation was served on the Chairman, Central Board of Excise & Customs on 9th August 2010. The agitation is being organized due to the apathy of the authorities in addressing grievances of the cadre like 1. lack of promotional avenues, Inspectors’ should get at least three functional promotion in service life while they are getting only one promotion. 2. Notional fixation of pay of Inspectors of Central Excise in the pre-revised scale of Rs. 6500-10500 should be provided with effect from 01.01.1996. 3. Fixation of minimum pay corresponding to pre-revised scale of Rs. 7450-11500 consequent to revision of grade-pay ordered on 13.11.2009. 4. Anomaly in pay of 1992 batch Inspectors who received ACP prior to 21.04.2004. 5. Inspectors’ next promotional Grade Pay should be Rs. 5400/- 6. Lifting of ban on ICT 7. JCM s should be conducted at the Board level and at local level at regular intervals. 8. abolition of control room duties that causes unnecessary drain on manpower 9. The 1% incentive on incremental revenue should be utilized for providing facilities and infrastructure for lower level staffs also. The agitation would commence with lunch hour demonstrations on 25.08.2010 followed by black badge wearing from 30.08.2010 to 03.09.2010, lunch hour dharna on 03.09.2010 and whole day dharna before all Chief Commissioner’s office on 15.09.2010. The Association informs that in case the authorities do not heed to the requests even after these programs, the second phase of agitation would be launched culminating in strike of work. Dated 25.08.2010 KOUSIK ROY SECRETARY GENERAL