. 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.

Saturday, December 21, 2013

AN APPEAL BY COM.LOKNATH MISHRA

An appeal to all.
Dear Comrades,
After issue of notification on 18.12.2013 for implementation CR by CBEC many members have congratulated us stating that increase of 3107 nos. of Gr-A post during the ensuing CR is an achievement of AIACEGEO simultaneously many members have sent SMS and mails stating that “the giving of 2118 posts of Assistant Commissioners for a limited period without any benefit to the Cadre as a whole is like giving them (2118 persons) wings as given by nature to ants for their enjoyment of last flight before death" & “CR- what we got- Babaji ka thullu” ( as said in comedy nights wd Kapil) etc etc. Mainly many members have objected to para 4 of FNO. A.11019/08/2013-AdIV dated 18.12.2013 which provides that 2118 temporary Assistant Commissioner posts have been created for 5 years, and these posts will be filled up on promotion from the feeder grades specified in the relevant Recruitment Rules and the promotions against these vacancies shall not entail further promotion to any level beyond Junior Time Scale (JTS)”.
In this connection, we have already clarified that once a post is created whether temporary or permanent, it is not possible to abolish the same without conducting CR. Ministry of Finance OM No. A-11019/6/76-EGI dated 24.3.1976 inter alia provides that Administrative Departments may, if they are satisfied that the temporary posts are required for work of a permanent nature, convert with the approval of the respective internal FA, 90% of such posts in to permanent ones, provided they have been in existence for a continuous period of not less than 3 years. Ministry of Finance No. F.1 (a) E.II(A) 74 GID, below schedule III, DFP Rules, 1978 provides that an authority competent to create a post shall be competent to continue the temporary posts beyond the specified period. Hence these temporary posts can be converted to either permanent after 3 years or continue for a further period after 5 years. According to me it is better if these will continue temporary further, because there is no provision of direct recruitment for temporary posts. As regards , the stipulation that the provision against the temporary vacancies shall not entail further promotions to any level beyond JTS, we have already clarified that the same is clearly a violation of CAT, Chennai Bench order to the effect that on completion of 4 years in JTS one is entitled to get promotion to STS automatically ( CBEC has accepted and implemented the said CAT order). No executive order can be issued contradictory to any judicial decision , hence these stipulation will be overlooked and further promotions to STS posts will be allowed to the persons who will hold such temporary JTS posts if otherwise eligible for promotion. 
Now a question may arise as to why these temporary posts have been created?. In this connection, I would like to clarify that CBEC has initially recommended for creation of more than 4000 Gr-A posts and Department of Expenditure has also accepted the same but DOPT has mainly objected the CR of CBEC on the grounds that (i) more than 33.3% Gr-A posts can not be created in course of CR and (ii) as per the decision of Apex Court 50% newly created posts must be provided to direct recruitees. The DOPT has also raised such objection against the CR of CBDT also. As regards the CR of CBDT , it has been approved for 1489 nos. of Gr-A posts( 33.3% of 4192 of existing posts plus LR posts) . There is a provision of implementation of CR of CBDT in phase manner during five years and each and every year promotions will be allowed for 150 posts and also direct recruitment will be made for 150 posts. As per this restriction only 586 nos. Gr-A post were created for CBEC during the last CR of CBEC. Though there is no provision of direct recruitment in last CR but this time DOPT has compelled CBEC & CBDT to make a provision for direct recruitment. Considering both the issues DOPT suggested for creation of 989 Gr-A posts for CBEC( 33.3% of 2485 of existing posts plus 10 % of 1550) during the present CR. 
Friends , against the approval of CR of CBDT, both Associations of Income Tax Department , ITGOA & ITEF have started agitations and tried to influence FM through MPs but they could not add a single post with the approved posts. Like ITGOA, the All India Audit & Accounts Officers Association is also a very strong Association, but in their department the sanctioned strength of S AOs is near about 5000 nos and sanctioned strength of JTS posts is 900 and only 33.3% of JTS posts are reserved for promotion and there is also a age restriction of 53 years. However, through your co operation , we started agitation for approval of more nos. of Gr-A posts and tried to influence the FM and Chairperson etc. Due to our sincere efforts a formula was created by Expenditure for creation of temporary posts and finally it has been approved. The use of words that “ the posts are for 5 years and no further promotion etc. etc “ are only procedurals and I assured you that these temporary posts will not be abolished after 5 years and all persons who are to be promoted to such temporary posts will also be promoted further if eligible.
Friends we know our stagnation issue including the issues of regional disparity and intra cadre disparity can not be removed unless a flexible promotional scheme is being introduced in our cadre. Our Secretary General has already informed that “The issue of stagnation in the cadre of Superintendent was discussed in the meeting of the group of ministers (GOM) on 17.12.2013 independent of cadre restructuring. It was referred to the GOM by the Administrative Reforms Commission on the basis of representations submitted by AIACEGEO for creation of a separate service and removal of stagnation and parity with base cadres and preparation of all India base cadres seniority lists. 2ndly as per the recommendations of the Cadre Review Committee/ Committee of Secretaries, CBEC is also on the job to prepare some scheme for group B officers independent of cadre restructuring. Let's see the result and be well prepared to follow the step/steps to be taken by the Association, if scheme is contrary to our interest. No need to say that our aim is to get all of our officers entered into PB4 and a good number of them into even higher levels. If it is possible for other counterparts of ours, there should be no problem to happen it for us too”. 
Therefore only I can appeal to all of you that please be united to achieve our ultimate goals for removal of staganation.
With regards.
LOKANATH MISHRA

2 comments:

Anonymous said...

WHILE NO ATTEMPT IS BEING MADE TO UNDERMINE THE ROLE OF THE FEDERATION, HOWEVER, THE FACT THAT THE COMMISSIONER AND ABOVE, HAVE GOT 50% NEW POSTS AND AC (STS) TO ADC 33% INCREASE &10 PROMOTION AVENUES, where Supdts have got lapsable posts that too for a limited period. really we have got BABA JI KA THULU. It is high time that we give attention to other issues. The association at local level are almost defunct except during mar/april.

Anonymous said...

"CBEC is on the job" can be the biggest joke of 2013 for the cadre! Pity, Assn is saying this!