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]
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
3 comments:
In Chennai Zone, it is learnt that The Administration required time upto 21.9.2010 to conduct the review DPC and the regular DPC would be held on 22.9.2010. As could be seen from the seniority list of the superintendents upto 1997, it seems that injustice was meted out to reserved candidates. The representatives of reserved category are participating in the exercise to point out discrepancy in the DPC held from 1997 to 2001. They have got the right to ensure that the constitutional right is made available to them.
At the same time, the General category officers of Chennai Zone, especially in the city of Chennai should spare a few hours to verify whether the general candidates are UNDULY affected due to incorrect interpretation of the verdict of the Apex court in the case of R.K.Sabarwal or wrong calculation. The following factors are important:
(1). Whether reservation policy is applicable for upgradations, as equal number of posts in the cadre of Inspector are abolished? Please refer the decision of the Apex Court in the case of Sarotia as well as the follow up action taken in Chandigarh to revert the SC candidates as per that decision. It would be pertinent to note that the 1997 elevations are upgradations and not promotions.
(2).Whether there were any special recruitment drive for SC/ST candidates during the relevant period (1979, 1980, 1981 batches) for which promotions were effected in 1997? If so, whether these candidates can be considered as meritorious general candidates for merit elimination?
(3). In respect of common recruitment for general and reserved categories, whether there were any reduced standards with regard to physical standards, passing minimum or award of bonus/grace marks in comparison with the general candidates. It may be noted that in the selection list of 200 persons, the general candidate at the 156th place would be thrown out from the list even if he had secured more marks than the first person recruited under the reserved category. In that case, whether he can be considered as meritorious general candidates?
(4). As regards Chennai Zone, about 250 persons who were upgraded in 1997 belonged to minimum three batches (1979, 1980 and 1981). If reservation is to be allowed for these 1997 beneficiaries, it has to be allowed within that batch only. The reserved candidate of a lower batch should not be allowed to climb the ladder meant for a higher batch. Adjustment/swap of officers, for giving effect to the reservation policy, should be permitted within that year/batch only and the swap should not spread to the previous year/batch.
The learned viewers are requested to offer the comments on the subject matter as well as the factual position so that justice is rendered to both general and reserved category officers. Time is running out. Please remember, the DPC in Chennai Zone is on 21.9.2010 and 22.9.2010.
If repeated pleas to the Board to instruct the CCAs to conduct DPC and to take action as the Calcutta High Court Order is not being heeded, what is stopping the association from taking up the matter with
F.M. personally?
I do not know why all these happened. When there is no need to stop DPCs in other Zone when the WP is filed in Kol. HC BOARD ISSUED INSTRUCTIONS stopping DPCs. But now it has turned out such restriction is not called for. The priority should be to write all CCAs to complete DPC by taking up vacancy position upto Aug.2010. This will benefit more aspiring promotees. PLEASE WRITE TO ALL CCAs. Thanks.
By,
M.RAM KUMAR,
BANGALORE
9341282376
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