Every one of our Department is aware that the approval of CR proposals of CBEC is at present in advance stage. With much difficulty our Association has pressurized the CBEC for approval of more nos. of AC posts for removal of stagnation as existed in our cadres. Though the total nos. of Gr-A posts to be sanctioned will not solve our stagnation issue, however in some extent it can help most of our senior officers to induct in Gr-A at their fag end of service career. Many of us worked day and night and used our personal contracts for approval of CR. We consider approval of such huge nos. of Gr-A post is an achievement of our members. But recently through blog posts/web sides/ face book/emails etc. it has come to our notice that some of our friends have prepared the ground works to file OA in different CATs to stay the implementation of the CR. Basically some of our friends are interested to file OA in CAT on the following issues:
1. Removal of regional disparity in promotions retrospectively duly recasting the seniority list considering the date of joining in the grade of Inspector.
2. Removal of regional disparity in promotions prospectively.
3. Revision of the seniority list as more nos. of officers occupied the positions in excess the sanctioned strength because of allowing of notional promotion in accordance with court orders, regularization of adhoc promotions, regular promotions against the vacancies arose on account of deputations etc.
4. Recasting of seniority list for implementation of different Court decisions.
All the above issues are related to revision of seniority only. We can not compel any individual officer for not to file any court case, but as per our experiences, we are sufferers because of filing of different court cases. Few examples are furnished below to show that as to how we suffered because of filing of different court cases.
1. Against Gr-A RRs, we filed case in Apex Court , but the verdict came totally against us in fixing ratio 6.1.2.
2. We filed contempt for wrong implementation of WP No 306/88, the contempt was reverted to a clarificatory petition and the decision came against us.
3. We filed contempt against the decision of OA No 45/2000, while the matter was pending with Ministry of Laws. Though Ministry of Laws gave the opinion for implementation of the decision, but before the receiving the opinion from Ministry of Law , Board rejected for consideration of implementation of OA No 45/2000.
4. We filed Contempt for non implementation of ratio 13.2.1 retrospectively, but decision came against us.
5. We filed CAT cases against the implementation of last CR. All such cases were rejected and the CR was delayed for one year un necessarily.
There are so many examples like above, which all of us know it very well. Thousands of our senior officers are waiting for the implementation of cadre restructuring and expecting for next promotion at the fag end of the career. If the implementation of CR will be delayed because of any Court case, then near about 3000 seniors will retire without getting further promotions. Therefore, I ,appeal to the entire fraternity of our Customs and Central Excise Department that if any one is interested to file any court case , then instead of praying to stay the future promotions, please make a prayer that promotions may be allowed subject to the out come final decision of such case. So that promotions will be allowed and if court will give any decision in their favours, then automatically they will be allowed notional promotions.