Promotee Vs Direct Recruit Dispute Settled

Promotee Vs Direct Recruit Dispute

MESSAGE FROM COM.KOUSIK ROY

The In-situ promotion scheme was re-discussed with the present member (P&V) by the AICEIA leadership on 3rd October 2012. Accordingly Secretary General of AICEIA asked details of service length of Inspectors working in different cadre controlling zones; a letter in this regard issued and published in the bog of AICEIA. Fortunately I was a part of that delegation; what I understood that this would be another chance for discussion and taking appropriate decision, simultaneously it is equally possible that a group of knowledgeable members of different organisations and officers of the CBEC may not consider it as a feasible way of removal of stagnation. From our earlier experience we understood that Present Chairman was pro-active to scrap the earlier proposal for in-situ scheme.
Then what is the solution :

Inspector and Superintendent Association should join hands immediately and launch an Industrial action, it is suggestive to take the appropriate opportunity of the Strike call given by the Central Government employees and workers on 12-12-12; in this strike call amongst the 15 point charter of demands there is one demand which reads as :

REMOVAL OF BAN ON CREATION OF POST

This is one of the key instrument what government of India and its key department D.O.P&T utilising to hold the restructuring process in various departments inclusive of ours. hence, time is ripe enough to take appropriate decision.

MESSAGE RECEIVED FROM SG AIACEGEO IS PRODUCED BELOW FOR INFORMATION:

Dear friends,

Good morning.
1) All the units and zonal office bearers are requested to kindly send the following information on IMMEDIATE basis in respect of their zones-

i) No. of the Superintendents with 20 years of combined length (Inspector+Superintendent) of service.
ii) No. of the Superintendents with 25 years of combined length (Inspector+Superintendent) of service.
iii) No. of the Superintendents with 30 years of combined length (Inspector+Superintendent) of service.
iv) No. of the Superintendents with 35 years of combined length (Inspector+Superintendent) of service.
All the ZONAL OFFICE BEARERS are requested to kindly monitor the information with respective units.
2) I am getting so many calls regarding the status of cadre restructuring of ours as well as CBDT. Both the cadre restructuring proposals are with respective Boards to reply the queries of DOPT. Association is pursuing the matter with the DOPT as well as Board. DOPT has sent a reminder to our Board to reply their queries. File was sent to the Member (P&V) by HRD which was returned back for the want of more effective reply.
3) During my visit to Chennai in the month of September, 12; I met with the concerned advocate in r/o MACPS case alongwith the office bearers of our Chennai Unit. The advocate opined to file the contempt petition against the CBEC as well as DOPT as govt. didn’t follow the directions of Chennai CAT on the issue. Chennai Unit is requested to pursue the matter with the advocate for IMMEDIATE action.
4) All the units are requested to kindly clear their dues as attached herewith.
5) All the units are requested to kindly provide the DDO certificates for the current financial year duly mentioning the names of the SUBSCRIBERS.
6) The next correspondence made by the Association is also attached herewith.
7) In-situ promotions scheme has been initiated to be revived independent of cadre restructuring and the modalities for the same are being devised.
8) ALL THE UNITS, WHERE ELECTIONS ARE DUE, ARE REQUESTED TO KINDLY CONDUCT THE ELECTIONS.
Love,
Ravi.

Correction to the following post

There is some mis-understanding. Board has not allowed stepping up of pay in case of senior drawing less pay than junior due to up gradation of pay scales w.e.f 21.04.2004 (though it was illegal and our associations have not made serious efforts in this regard except writting some letters to CBEC). A proposal has been prepared in this regard (to give stepping up) for forwarding it to DOPT. it has not even been put up to JS (Admin), CBEC and I think it may take 2 to 3 months to get it approved from DOPT.

Ravi

The case in the matter in Hyderabad High Court is still pending, though the applicants were already granted upgraded pay as no stay was granted by high Court.

Raju

furtherupdate by com.loknath mishra

Apex court in the case of Ashoke Kumar has allowed to step up of pay at par with juniors in case of senior was not allowed ACP benefits. But department allowed such step up of pay in person. We represented to Board to implement such order to all other officers. Though Board has accepted our views, but not yet has issued any order. Meanwhile in case of senior drawing less pay than the junior due to upgradation of scale during 21.04.2004 the Board has allowed stepping up of pay as off case in relaxing the conditions of ACP scheme.

AN UPDATE BY COM.LOKNATH MISHRA

LETTER RECEIVED FROM ADG/HRD IS PRODUCED BELOW--
"Please recall the meeting with the Member (P&V) held on 02.11.12 when the charter of demands submitted by you alongwith your representation Ref. No. 66/M/12 Dt. 29.10.12 were discussed. During the meeting, the issues pertaining to cadre restructuring proposal, scheme of grant of in-situ promotions and holding of regular minuted meetings by the senior officers of department with the representatives of Group ‘B’ gazetted officers were highlighted. 
2. In this context, the department would like to assure that all the efforts are being made to get the cadre restructuring proposal approved by the competent authority as soon as possible. As regards the introduction of the scheme for the grant of in-situ promotions, I would like to inform you that the modalities of the scheme are being worked out and would be submitted to CBEC for consideration shortly. Finally, the Member (P&V) has directed the concerned section of CBEC to issue the necessary instructions to the Chief Commissioners/Director Generals to regularly hold meetings with the representatives of Group ‘B’ gazetted officers in order to address their grievances.
3. In view of the fact that your major demands are under active consideration of the department and the department is committed towards addressing your grievances in the best possible manner, you may like to defer the proposed agitation programme to enable the department to take the necessary steps to mitigate the grievances of the cadre which you belong. The next meeting to review the progress in the matter is fixed for March, 2012.
This is issued with the approval of the Member (P&V)."

UP DATE ON CONTEMPT CASE BY COM. LOKNATH MISHRA

 APEX COURT HEARD THE CONTEMPT PETITION TO DAY. HOWEVER THE COURT WILL DECIDE ABOUT THE DATE OF IMPLEMENTATION OF NEW RR WITH REVISED RATIO ON 1ST WEEK OF DECEMBER, 2012. THIS IS BAD NEWS FOR OUR ENTIRE CADRES. 

THE APPRAISERS PLEADED TO INTERVENE IN THE CONTEMPT BUT MR VIKASH SING ADVOCATE OF PUNE OBJECTED THAT IN CONTEMPT THERE CAN NOT BE ANY INTERVENTION PETITION AS CONTEMPT IS AGAINST NON IMPLEMENTATION OF SC ORDER BY GOVT. COURT ACCEPTED THE OBJECTION AND REJECTED THE INTERVENTION PETITION OF APPRAISERS. THOUGH COURT HAS NOT ACCEPTED THE CONTEMPT BUT DEFINITELY GIVE VERDICT FOR REGULARISATION OF ADHOC PROMOTION ON THE BASIS OF NEW RR OR REVISED RATIO APPLICABLE DURING RELEVANT TIME. REGARDING CHALLENGING THE NEW RR APPROPRIATE ACTION IS BEING INITIATED.

FURTHER UPDATE BY COM.LOKNATH MISHRA

 During a very short period I met not only the Board officials but also I met Revenue Secretary and officials of DOPT. All have pointed out that you are raising for immediate approval of CR without cut, but JAC is demanding to have a report of DOPT. That means, after getting report they will submit their objections and their objections will be examined afresh and the process will naturally take another one year for 

preparation of the report. After knowing this fact many members of the AIACEGEO have opined that if CR will be delayed for one year then if GST will be implementd,
then we may loose additional requirements and many of our members will retire from service by this time.
Therefore they have suggested to plan our agitational programmee separately and they have also
suggested that after finalisation of common charter of demands with uniformity , we should join in Federation along with Inspectors. However we are yet to take a decision on this matter.

Basically the followings have been decided in meeting ( subject to confirmation in writing) ON 2.11.12

1. CR proposal without any cut should be submitted to DOPT urgently with a noting that since the Association,is submitted agitational notice, the proposal should be approved immediately. The copy of agitation notice should be enclosed along with the reply.

2. The Superintendents who have completed 20 years of service as Inspector and Superintendent combinedly should be up graded to the post of Asst. Commissioner and similarly those have completed 24 years should be up graded to DC.
3. Grievance meeting should be held in each and every qurter and minutes should be issued.
4. All the points as discussed in the meeting held on 02.11.12 should be examined and those are in competency of Board should be considered immediately and the rest are to be forwarded to concerned department with a favourable noting. 

Few informations on misc. issues.

 1.Board is likely to issue order relating to step up of pay on ACP/MACP anomaly. By this order 92 anomaly and Acp benefits to promotees officers will be settled.

2.Board will also take a decision to allow 100% promotions to Examiners to the posts of Appraisers. PO and Examiner may be designated as Inspector.

 

3. CBDT has filed writ in HC, Mumbai against the CAT, Mumbai order on notional fixation of pay since 96.
 

4. DPC for around 150 posts of AC will be conducted during this month in the new ratio of 13.2.1.

 

UPDATE FROM COM.LOKNATH MISHRA

we will discuss about adhoc regularisation. After issue of minute only , I can post here actual what have been promised by Board . However it was decided that all the points as discussed in the meeting held on 02.11.12 should be examined and those are in competency of Board should be considered immediately and the rest are to be forwarded to concerned department with a favourable noting and with a special mention that since the Association is agitating, these are to be considered in a one time Meetings with others were formal one, but actual meeting was with Member( P&V), Few DSs/USs/OSDs/ADG,HRD were present.OSD to Chairperson tried to raise the issue on filing of contempt, but I justified about filing of the same and told why Board adopted two policies, during 2000, if the adhoc promotions were regularised since 1987, then why in this time same policy should not be adopted . We told after disposal of contempt petition, messure relaxing all the procedures. ( there was discussions on 34 points but main points are parity on pay and promotions/ MACP etc.

CONTEMPT PETITION 285 AND 295 POSTED FOR 5.11.2012

COURT NO. 2

   HON'BLE MR. JUSTICE D.K. JAIN
   HON'BLE MR. JUSTICE MADAN B. LOKUR

8.   CONMT.PET.(C)No.295/2012 In  W.P.(C)No.385/2010    MR. SIBO SANKAR MISHRA
       X    A/N-E             ALL INDIA ASSN.OF CEN.EXC.&   MR. ARVIND KUMAR SHARMA
       94,  0,  0 S.( 608)    ANR                           
       4TH LISTING        Vs. R.S.GUJRAL & ORS.             
                                                                 
      WITH 
            CONMT.PET.(C)No.285/2012 In  C.A.No.1198/2005    MR. PARMANAND GAUR
       IX   ADJD-E            S.P.DUDEJA & ANR.             MR. ARVIND KUMAR SHARMA
       94,  0,  0 S.( 608)Vs. S.K. GOEL & ANR.               MR. M.K. MADAN
                              (WITH APPLN.(S) FOR IMPLEADMENT)   
       2ND LISTING