This blog is maintained for the benefit of the entire fraternity of Central Excise Officers all over India.
Friday, August 20, 2010
LATEST UPDATE ON KOLKATTA HIGH COURT CASE
IT IS BAD LUCK AGAIN. THE TIME IS PLAYING WITH THE INSPECTORS. THE CASE AGAIN COULD NOT BE HEARD DUE TO LACK OF TIME. ONLY THREE CASES WERE TAKEN UP TODAY. ON REQUEST FROM OUR SIDE THE JUDGE HAS PROMISED TO HEAR IT FIRST ON NEXT FRIDAY.
Thanx to wise Kolkata Supdts. and the Hon'ble Judge of the Highcourt for blocking the promotional avenues of their juniors who were in no way impediments in their way.All the seven inspectors of1992 batch in Chandigarh Zone who had seen their first promotion(adhoc)in 19th year of service after prolonged wait have been reverted for no fault of theirs.Three of them belonged to SC category.I wonder whose fight these "wise"Supdts from Kolkata are fighting.Why instead of seeking punishment for those officials who did not follow Govt.instruction regarding reservation in promotions,they sought to punish their juniors for no fault of theirs.
Dear all The latest O.M. of Dopt dated 10.8.2010 is highly confusing and intriguing. When an officer has been appointed on the basis of reservation by relaxing the normal qualifications/standards ( not by virtue of merit) how they can be considered under unreserved quota at the time of getting promotions. Without the benefit of reservation they would not be appointed in the first place. If this order is implemented the balance between the reserved and general quoto candidates will be disturbed. Once roster has been implemented and reservations provided by the Constitution has been provided/achieved such foolish orders will disturb the existing ratio. This order is also totally against the verdict passed by the Hon'ble Supreme Court is R.K. Sabharwal case where in it has been observed by the Hon'ble Court that "It is to be remembered that the equality of opportunity guaranteed by clause (1) is to each citizen of the country while clause (4) contemplates special provision being made in favor of socially disadvantaged classes. Both must be balanced against each other. Neither should be allowed to eclipsed the other............if the reservation is permitted in the vacancies after all the posts in a cadre are filled then serious consequences would ensue and the general category is likely to suffer considerably. ------ On the contrary if the roster is permitted to operate till the total posts in a cadre are to be filled by the same category of persons whose retirement etc. caused the vacancies then the balance between the reserve category and the general category shall always be maintained".
How the SC/ST Association is able to get such flabbergasting orders from Dopt totally against the Hon'ble Supreme Court Orders is to be investigated by CBI.
Members of Non SC/ST category Unite Now. We are being taken for a ride. There is absolutely no sense in vicitmising the members of general category inspectors in zones where rota-quota is being maintained as per norms. Still we the general candidates are not able to get Justice. We have to move higher Court and get Justice. But the Association is still being fooled/or pretending to be foolish and taking a stoic stand. The Association should stand by the Aims and Objectives and if any memeber who is acting against the spirit of the Aims and Objectives of the Association cannot be considered as the memeber of the Asociation. The action of M/s. Samiran Roy & Co whole heartedly supported by the entire SC/ST Community is acting against the aims and objectives of the Association. Still the Association Office Bearers is pretending to be unaware of the same and do not prefer to get justice for its general quota members on the fear that the SC/ST members will switch alliance and join some other group. What for do you want to hold on to your chairs if you cannot protect the rights of your members. Till now we have seen politicians doing such things in the name of vote bank, now very disgusting to note that our present office bearers at all india level are also doing the same thing.
Now the writing is very clear on the wall. Every friday on some pretext or the other M/s. Samiran & Co is managing to delay the lifting of stay. We have to move Hon'ble Supreme Court for Justice and also against the Dopt latest orders. Why the Additional Solicitor General is failing to convince the Court about the unnecessary victimization of the general candidates in zones where rota-quota system is being implemented is a big mystery.
WE have to seek information under RTI from CBEC as to why an all india stay in the promotions of Superintendent was ordered when the Calcutta high court order is specifically to Calcutta Zone as far as the promotions from Inspectors to Superintendents are concerned. Even in the parliament the Hon'ble minister of State for Finance has declared that Promotions are being effected for Inspector of Central Excise on Zonal seniority basis. Also whether the Board is aware that there is no violation of reservation norms except for five zones and in such a situation why an all india freeze on the promotions was ordered. We have to get the concerned file notings also. What prevented the CBEC from ordering adhoc promotions when the Dopt guidelines very clearly provide for adhoc promotions in the event of court stays. Whether any low level Board official is also behind the whole play act can also be exposed. Also We have to obtain the copies of the representations made by our Association with regard to the lifting of the stay on promotions so that we the members are not continued to be taken for a ride.
Dear all, Four five weeks back when our case was not heard and our Addl Solicitor general pleaded for early hearing, it was promised that our case would be heard first next friday. But on that Friday there was no sitting at all.
Seeking departmental (read CBEC) stand and the action taken till now in this case to get the stay vacated by the board... or for that matter in respect of filing an affidavit to the effect that ad-hoc promotions may be allowed and the they would be regularised consequent to the outcome of the case. How long the CBEC is going to play this mute spectator game... definitely as long as the Association and the cadre silently bear the humiliation and suffering... got to shrug this inaction and launch a massive offensive to get our rights....now..
Either obtain the leave of the Hon'ble court for regular promotions OR
Adhoc promotions as per DOPT OM dated 30.3.1988 if the injunction continues subject to regularisation after the out come of the high court decision or its final disposal.
In any case promotion cannot be denied in view of the judgement of the Hon'ble Apex court in the case of Union of India v Hem Raj decided in March 2010 upholding promotion as a fundamental right.
Moreover, the appropriate court can be approached to quash order dated 23.3.2010 of the CBEC unilaterally staying promotions.
If the stay is applicable for promotion from Superintendent to Assistant Commissioner also; then how orders of promotion of Appraiser (Equivalent to Superintendent) to Assistant Commissioner has been issued after 23.3.2010. These orders are also placed on CBEC website. It is assumed that assent of Hon'ble President of India has been obtained for promoting the appraisers as Asssistant Commisssioner with a retrospective effect.
It's high-time that we, those who are just on the verge of promotion, associate ourselves with a limited motive of vacation of the stay and immediate conduct of DPC. We should approach none other than the Hon'ble SC for this. Even our own brethern who do not foresee their promotions in the near future, may not feel the absolute desperation that is creeping in to those poor souls, who are the victims of faulty implementation of the orders or norms. We never requested them to violate the norms, then why are we made to bear the curse of some whimsical people's misdeeds. We should represent before the the forum which understands and appreciates our plight. There is no point in making mercy pleas to the brazen bosses, who melt at the drop of a hat at the slightest inconvenience their welfare...but when it comes to those whose welfare they are legally and morally bound to protect, shy away and pretend to be blind and deaf. It is rightly said...." Jab kismat me likha ho pardes.... watan to yaad kya karna.... Jaha Bedard ho Haakim, wahan Fariyaad kya karnaa..?" We shall be losing our self-respect by kneeling before those, who get sadistic delight by seeing our plight... Let's fight on our own and show them that we are capable of getting what is justifiedly our due. When the devil also can get it due... why not the poor C.Ex., Inspectors...? We must now realise that we shall acheive this objective, not by begging, but through the most democratic and approprite means, at appropriate forum.... Why beg for something which is your constitutional right...? I request Raju to lead us from the front... and ....soon at that....
Almost from all the blogs it is trying to show that todays miserable position is due to samiran roy & co.Being a representative of executive cadre if you think the total matter in cool and calm mind then you will find that constitutional right was denied to the s/c and s/t cadres.department has already accepted their fault and aggreed to give the benifit from 1997.It is a long pending case.I donot believe that Mr.Roy and Co.with the support of the honourable judges of High court intentionally delaying the case.But I strongly believe that some of the departmental officers for ill intention has not been followed the earlier DOPT order in this zone.If there was no stay,it was no bodies headeque.I think department should take initiative to find out the persons who are respoonsible for todays pathetic situation.It is also very clear that our association has not taken any single step to implement the right which is given to the S/C S/T fellows by the constitution.Hope that justice will be given by the court on 27th of this month and our higher bosses as well as association will also take much initiative to implement the judgement which is definitly going to the favour of the S/C S/T fellows.More over not only the general category inspectors, many S/C category inspectors are also waiting for their MACP for reaching their service spun to 20 years (though many of us believe that S/C inspectors get their promotion within 10 years).
11 comments:
Thanx to wise Kolkata Supdts. and the Hon'ble Judge of the Highcourt for blocking the promotional avenues of their juniors who were in no way impediments in their way.All the seven inspectors of1992 batch in Chandigarh Zone who had seen their first promotion(adhoc)in 19th year of service after prolonged wait have been reverted for no fault of theirs.Three of them belonged to SC category.I wonder whose fight these "wise"Supdts from Kolkata are fighting.Why instead of seeking punishment for those officials who did not follow Govt.instruction regarding reservation in promotions,they sought to punish their juniors for no fault of theirs.
THEY ARE TAKING SARCASTIC PLEASURE IN THE AGONY OF OTHERS.
MORAL: A WISE ENEMY IS BETTER THAN A FOOLISH FRIEND.
Dear all
The latest O.M. of Dopt dated 10.8.2010 is highly confusing and intriguing. When an officer has been appointed on the basis of reservation by relaxing the normal qualifications/standards ( not by virtue of merit) how they can be considered under unreserved quota at the time of getting promotions. Without the benefit of reservation they would not be appointed in the first place. If this order is implemented the balance between the reserved and general quoto candidates will be disturbed. Once roster has been implemented and reservations provided by the Constitution has been provided/achieved such foolish orders will disturb the existing ratio. This order is also totally against the verdict passed by the Hon'ble Supreme Court is R.K. Sabharwal case where in it has been observed by the Hon'ble Court that "It is to be remembered that the equality of opportunity guaranteed by clause (1) is to each citizen of the country while clause (4) contemplates special provision being made in favor of socially disadvantaged classes. Both must be balanced against each other. Neither should be allowed to eclipsed the other............if the reservation is permitted in the vacancies after all the posts in a cadre are filled then serious consequences would ensue and the general category is likely to suffer considerably. ------ On the contrary if the roster is permitted to operate till the total posts in a cadre are to be filled by the same category of persons whose retirement etc. caused the vacancies then the balance between the reserve category and the general category shall always be maintained".
How the SC/ST Association is able to get such flabbergasting orders from Dopt totally against the Hon'ble Supreme Court Orders is to be investigated by CBI.
Members of Non SC/ST category Unite Now. We are being taken for a ride. There is absolutely no sense in vicitmising the members of general category inspectors in zones where rota-quota is being maintained as per norms. Still we the general candidates are not able to get Justice. We have to move higher Court and get Justice. But the Association is still being fooled/or pretending to be foolish and taking a stoic stand. The Association should stand by the Aims and Objectives and if any memeber who is acting against the spirit of the Aims and Objectives of the Association cannot be considered as the memeber of the Asociation. The action of M/s. Samiran Roy & Co whole heartedly supported by the entire SC/ST Community is acting against the aims and objectives of the Association. Still the Association Office Bearers is pretending to be unaware of the same and do not prefer to get justice for its general quota members on the fear that the SC/ST members will switch alliance and join some other group. What for do you want to hold on to your chairs if you cannot protect the rights of your members. Till now we have seen politicians doing such things in the name of vote bank, now very disgusting to note that our present office bearers at all india level are also doing the same thing.
Now the writing is very clear on the wall. Every friday on some pretext or the other M/s. Samiran & Co is managing to delay the lifting of stay. We have to move Hon'ble Supreme Court for Justice and also against the Dopt latest orders. Why the Additional Solicitor General is failing to convince the Court about the unnecessary victimization of the general candidates in zones where rota-quota system is being implemented is a big mystery.
Dear all
WE have to seek information under RTI from CBEC as to why an all india stay in the promotions of Superintendent was ordered when the Calcutta high court order is specifically to Calcutta Zone as far as the promotions from Inspectors to
Superintendents are concerned. Even in the parliament the Hon'ble minister of State for Finance has declared that Promotions are being effected for Inspector of Central Excise on Zonal seniority basis. Also whether the Board is aware that there is no violation of reservation norms except for five zones and in such a situation why an all india freeze on the promotions was ordered. We have to get the concerned file notings also. What prevented the CBEC from ordering adhoc promotions when the Dopt guidelines very clearly provide for adhoc promotions in the event of court stays. Whether any low level Board official is also behind the whole play act can also be exposed. Also We have to obtain the copies of the representations made by our Association with regard to the lifting of the stay on promotions so that we the members are not continued to be taken for a ride.
Dear all,
Four five weeks back when our case was not heard and our Addl Solicitor general pleaded for early hearing, it was promised that our case would be heard first next friday. But on that Friday there was no sitting at all.
Seeking departmental (read CBEC) stand and the action taken till now in this case to get the stay vacated by the board... or for that matter in respect of filing an affidavit to the effect that ad-hoc promotions may be allowed and the they would be regularised consequent to the outcome of the case. How long the CBEC is going to play this mute spectator game... definitely as long as the Association and the cadre silently bear the humiliation and suffering... got to shrug this inaction and launch a massive offensive to get our rights....now..
You are right Mr. Suresh.
Either obtain the leave of the Hon'ble court for regular promotions OR
Adhoc promotions as per DOPT OM dated 30.3.1988 if the injunction continues subject to regularisation after the out come of the high court decision or its final disposal.
In any case promotion cannot be denied in view of the judgement of the Hon'ble Apex court in the case of Union of India v Hem Raj decided in March 2010 upholding promotion as a fundamental right.
Moreover, the appropriate court can be approached to quash order dated 23.3.2010 of the CBEC unilaterally staying promotions.
If the stay is applicable for promotion from Superintendent to Assistant Commissioner also; then how orders of promotion of Appraiser (Equivalent to Superintendent) to Assistant Commissioner has been issued after 23.3.2010. These orders are also placed on CBEC website. It is assumed that assent of Hon'ble President of India has been obtained for promoting the appraisers as Asssistant Commisssioner with a retrospective effect.
How these double statndards are being maintained.
JAGO GRAHAK (INSPECTORS/SUPERINTENDENTS) JAGO.
BE AWARE WHAT IS HAPPENING AROUND YOU.
It's high-time that we, those who are just on the verge of promotion, associate ourselves with a limited motive of vacation of the stay and immediate conduct of DPC. We should approach none other than the Hon'ble SC for this. Even our own brethern who do not foresee their promotions in the near future, may not feel the absolute desperation that is creeping in to those poor souls, who are the victims of faulty implementation of the orders or norms. We never requested them to violate the norms, then why are we made to bear the curse of some whimsical people's misdeeds. We should represent before the the forum which understands and appreciates our plight. There is no point in making mercy pleas to the brazen bosses, who melt at the drop of a hat at the slightest inconvenience their welfare...but when it comes to those whose welfare they are legally and morally bound to protect, shy away and pretend to be blind and deaf. It is rightly said...." Jab kismat me likha ho pardes.... watan to yaad kya karna.... Jaha Bedard ho Haakim, wahan Fariyaad kya karnaa..?" We shall be losing our self-respect by kneeling before those, who get sadistic delight by seeing our plight... Let's fight on our own and show them that we are capable of getting what is justifiedly our due. When the devil also can get it due... why not the poor C.Ex., Inspectors...? We must now realise that we shall acheive this objective, not by begging, but through the most democratic and approprite means, at appropriate forum.... Why beg for something which is your constitutional right...? I request Raju to lead us from the front... and ....soon at that....
Almost from all the blogs it is trying to show that todays miserable position is due to samiran roy & co.Being a representative of executive cadre if you think the total matter in cool and calm mind then you will find that constitutional right was denied to the s/c and s/t cadres.department has already accepted their fault and aggreed to give the benifit from 1997.It is a long pending case.I donot believe that Mr.Roy and Co.with the support of the honourable judges of High court intentionally delaying the case.But I strongly believe that some of the departmental officers for ill intention has not been followed the earlier DOPT order in this zone.If there was no stay,it was no bodies headeque.I think department should take initiative to find out the persons who are respoonsible for todays pathetic situation.It is also very clear that our association has not taken any single step to implement the right which is given to the S/C S/T fellows by the constitution.Hope that justice will be given by the court on 27th of this month and our higher bosses as well as association will also take much initiative to implement the judgement which is definitly going to the favour of the S/C S/T fellows.More over not only the general category inspectors, many S/C category inspectors are also waiting for their MACP for reaching their service spun to 20 years (though many of us believe that S/C inspectors get their promotion within 10 years).
www.icestea.com. our other bother's flash news intresting dream. kuch jhute baath bhi ho lekin sun ne ko acha hai.may god bless us to make it true.
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