. FLASH !!! DEPT APPEAL OF SUBRAMANYAM CASE ON 5400 TO ACP INSPECTORS' DISMISSED BY APEX COURT News from Delhi...

yes

It is to clarify that the Time Scale of 5400 in PB2 is required to be given to Group B officers after 4 years from the date there are placed in GP 4800 either on ACP/MACP or on promotion.

Monday, September 6, 2010

FLASH ! FLASH ! FLASH ! FINALLY AICEIA HAS DONE IT

WITH LOT OF STRUGGLE THE AICEIA OFFICE BEARERS HAVE DONE IT. THE MUCH AWAITED ORDER OF CALCUTTA HIGH ORDER LIFTING STAY ON PROMOTIONS IS MANAGED TO PUT ON THE HIGH COURT WEBSITE EVEN BEFORE THE SIGNED COPY IS GIVEN TO THE PARTIES.
KUDOS TO AICEIA
FOR COPY OF ORDER CLICK HERE


BUT THE ORDER CLEARLY STATES THAT
" 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."

SOME PEOPLE HAVE EXPRESSED DOUBTS THAT THE ORDER MEANS, UNTIL THE FIRST PROMOTION ORDER FROM CALCUTTA ZONE ISSUED AFTER CONDUCTING REVIEW DPC AS ORDERED BY THE HON'BLE COURT, NO PROMOTION CAN BE ISSUED IN ALL ZONES. BUT IT IS NOT CORRECT IN MY VIEW.
THE SENTENCE "thereafter further promotion of candidates under all India zones would be considered." THIS ORDER HAS TO BE READ WITH IN CONJUNCTION WITH THE EARLIER INTERIM ORDER WHERE IT IS SAID THAT " considering the situation, this court is of the view that from this date date there should not be any order of promotion in the concerned promotional post of superintendent and to further promotional post of asst. commissioner in the concerned hierarchy without leave of the court" THERE IS NO INSPECTOR IN ALL INDIA ZONE, IT IS ONLY SUPDTS. THAT ARE IN ALL INDIA ZONE, THEREFORE, THERE IS NO RESTRICTION FOR GIVING PROMOTION TO INSPECTORS IN OTHER ZONES.

16 comments:

RAJAN said...

WELL DONE.
NOW THE KOLKATA ZONE SHOULD REVIEW IT'S DPC DATED 9TH SEPTEMBER 2004 AND ISSUE IT'S PROMOTIONAL ORDER AT THE EARLIEST, SO THAT OTHER ZONES CAN ISSUE THEIR PROMOTIONAL ORDERS ALSO.

Singh said...

You are wrong Mr. Rajan.

Review DPC in kolkata is applicable to promotional orders in the grade of AC only.

The promotions in the grade of superintendent in other cca zones are to be effected following post based roaster from 2.7.1997 without waiting for review dpc in kolkata.

Gurwinder Singh said...

You r absolutely correct Mr.Singh.Review DPC of Kolkata has no bearing for other Zones.They can issue promotion orders now in view of the Hon'ble Court order dated 28/08/2010.

Singh said...

WITH DUE REGARDS, I EXTEND MY SYMPATHY TO THOSE FIVE SC SUPERINTENDENTS OF 1997 BATCH WHO WILL BE LOSING THEIR SENIORITY FOR PROMOTION TO ASSISTANT COMMISSIONER UPTO THREE YEARS IN VIEW OF WPCT 261/2008.

I WOULD ALSO LIKE TO CONGRATULATE THREE GENERAL CANDIDATES AND OTHERS WHO WILL GAIN SENIORITY.

LET JUSTICE PREVAIL.

gokul said...

Yes Mr Raju is absolutely right in saying that the order affects only thse who are in the all indian zone whereas the Inspectors fall in the regional zones and hence the order should not have any impact on inspectors to supdt promotions. Let the association appraoch the board to immediately implement the promotions. There shall not be any confusin at all

Gokuldas, Calicut

rajaguru said...

In Chennai Zone, 264 Inspectors (figures are approximate and for illustration)were upgraded in 1997 to the post of Superintendents. These 264 Inspectors belonged to 1979, 1980 and 1981 batches. For illustration, 100 belonged to 1979 batch, 100 belonged to 1980 batch and 64 belonged to 1981 batch. That means 22.5 inspectors of 1979, 22.5 inspectors of 1980 and 14 officers of 1981 belonging to SC/ST were included in the list of promotion. The 22.5+22.5=45 inspectors of 1979 and 1980 were placed above the general candidates of 1981 as they belonged to the previous batches.

The leader of the reserved category argues that the 45 officers of 1979 and 1980 belonging to reserved category were accommodated within the top slot of 77.5% posts and therefore, their names should not be counted while counting the heads of SC/ST officers. Practically, it is not so. They reached the top slot of 77.5% due to their batch advantage and not based on the merit as they were at the bottom of 1979 and 1980 batches respectively.

Can we say that these officers got elevated as a result of merit? In that case, is it correct to eliminate their names from counting for merit elimination?

In Chennai Zone around 40 general category officers are likely to lose their seniority in the state list, which would translate to thousands in the All India seniority list due to the aforesaid incorrect method.

I feel that the counting should be done for merit elimination in respect of each batch separately and not based on the accumulated figure of three years. Will anybody, especially from Chennai Please offer comments?

RAJAN said...

Dear Mr. Singh
Before saying somebody something you should first apply your intellect and
Read the Interim Order Correctly. It states that " 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".
It clearly said about issuing first the promotional based on the review DPC of 9th Sept. 2004 and then all India Zones Order to be issued NOT ALL INDIA ZONE ORDER as you have interpreted.
In the DPC dated 09.09.2004 in Kolkata Zone Samiran Roy & Others were given Promotion from Inspector To Superintendent and thus this Imbroglio.

Singh said...

Mr. Rajan.

Again, you are wrong. The review DPC of 2004 and 2005 are relevant to kolkata Zone only. In other zones, where the roster is to be implemented w.e.f. 2.7.1997, there is no relevance of kolkata DPC if other CCAs have correctly implemented roster from 2.7.1997. Only for promotion to the grade of AC, the review DPC of kolkata is relevant.

Do not mis-interpret court judgements by reading few lines. Read the judgement in its entirety.

For details, see my following blog.

RAJAN said...

Mr. Singh,
Give me your email address I will send you the entire Interim Judgement or you can see it at the site of CALCUTTA HIGH COURT as it is not possible to upload the entire judgement in this blog due to the constraint of "at most 4,096 characters".
Before writing you should know that At No where the Judgement speaks of that Only for promotion to the grade of AC, the review DPC of kolkata is relevant.
Be either wise enough yourself or just consult a good Legal Expert. But don't read between lines of the judgement deliberately and mis-interpret it as we are the party and know this Interim Judgement from the time it was first VERBALLY delivered in the Court.

Singh said...

Dear Mr.Rajan,

What difference will it make if promotions from Inspectors to Superintendents in other CCAs are conducted in lines with DOPT OM dated 10.08.2010 independent of Kolkata CCA Zone. Whether by following DOPT OM dt 10.08.2010, there is any impact on seniority of Supdts. in Kolkata Zone. If same norms are followed all over India, the impact is absolutely zero.

I have read the kolkata verdict very minutely and I have given my fair opinion without any bias. The Hon'ble High Court has clearly stated that CBEC is free to effect promotions as per DOPT Om dated 27.08.2010.

Rest it is a matter of judicial interpretation and a liberal approach in such matters should be taken. About consulting a legal opinion, I myself had studied law in depth and I do not want to indulge in arguments.

I my writings have hurt you, I apologise.

With sincere regards.

surya said...
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surya said...
This comment has been removed by the author.
surya said...

Dear Rajan,
I have been watching your blog about the kokotta interim order and advising Shri Singh to be wise / get a good legal opinion. First I would like to ask you whether the local court has got the power to impose all india stay on the promotions of inspectors.
Even the first interim order is very clear that as far as the promotions to superintendents are concerned the stay pertains to only kolkotta zone. This was unnecessarily and mistakenly (may be intentionally) interpreted as an all india stay by CBEC. Our beloved association office bearers also, even though quite wise enough to understand the spirit of the judgement, pretended to be foolish and kept mum. As far as the promotions to Assistant Commissioners are concerned, the seniority being on all india basis automatically promotions to AC all over india is curtailed- this also do not mean kolkotta high court has imposed an all india stay, but only because of the all india seniority, nature of the Superintendent cadre, the interim order in effect happened to be a stay of promotions all over india, in the case of promotions to AC's. If samiran and co had earnestly desired to prolong the stalemate and derive sadistic pleasure,they should have approached the Hon'ble Apex Court, which is the comeptent judicial forum to issue an all india stay, but then it would abolutely be a waste of time and money as no judicial forum will impose a stay on promotions to
Superintendents in zones where rota quota system is being followed meticulously. THE HON'BLE APEX COURT ALSO HAD IN RECENT JUDGEMENT HELD THAT RIGHT TO PROMOTIONS IS FUNDAMENTAL RIGHT OF THE EMPLOYEE. So before commenting on the blog, and that too to project/promote selfish interests, instead of fighting for the common cause and good of the members, first check up the powers and jurisdictions of local courts.

murali said...

It is very difficult if a wise man acts as if he does not understand what is going on. aiceia must own up its moral responsibilty for not impleading itself in this case.

surya said...

Dear office bearers,
the posting of the interim order on the aiceia site is belated and meaningless. Almost all the interested members had gone through the order either on the hyderabad customs blog site/ the calcutta high court website. Instead of wasting time on such trivial matter, take up the matter with the Board urgently and cause to issue the promotion orders immediately. If the office bearers are still unwilling to act, MEMBERS PLEASE UNITE and plead before the local Chief Commissioners so that they will take up the matter with the Board and cause to end the stalemate. The Office bearers instead of keeping mum should inform the members of the action if any taken, since the issue of the interim order, to end the stalemate. It now seems that the Bosses are better than the office bearers.

rajesh said...

dear mr sing
************I EXTEND MY SYMPATHY TO THOSE FIVE SC SUPERINTENDENTS OF 1997 BATCH WHO WILL BE LOSING THEIR SENIORITY FOR PROMOTION TO ASSISTANT COMMISSIONER UPTO THREE YEARS IN VIEW OF WPCT 261/2008.

I WOULD ALSO LIKE TO CONGRATULATE THREE GENERAL CANDIDATES AND OTHERS WHO WILL GAIN SENIORITY.********* what about the other reserved category superintendents who gain seniority due to review dpc based on om dated 10.8.2010, what barred you from offering your congratulations sir, to these officers. Your intention is very clear sir, no one is fool over here reading this blog,
and sir, please have this in mind that those 5 superintendents will not loose seniority under any circumstances, the court has only given an interim order, based on the above om, when the final verdict will be given government will have to issue another om giving effect from 1995 onwards.
For your knowledge sir, any judgement given under article 141 of the constitution as was delivered in rk saberwal case become the law of the land with immediate effect, and the judgement was delivered on 1995, So, sir, please show some restraint, let the final order be delivered.
so long sir,
regards

you need not have to feel sorry for the reserved category