The promotions to the post of
Superintendent were awarded on the basis of the Superintendent of Central Excise Recruitment Rules
which has been issued under the provisions article 309 of the
Constitution of India. This RR is still valid. This RR has been providing for
promotion on CCA basis. Seniority Lists as per DOPT guidelines are being issued in the cadre of Inspector of Central Excise on Zonal basis. This
RR was challenged in High Court of Andhra Pradesh by Supdts.Association
of Hyderabad and one Mr.Laxamana Rao. But High court rejected the writ and up
held the RR as valid one. Against such decision of High Court, Hyderabad
Association moved to SC but SC rejected the petition. Moreover creation of CCAs
is a policy decision , which can not be challenged in CAT. Therefore those
joined in the grade of Supdt early are seniors to those joined in the grade of
Supdt subsequently irrespective of date of joining in Inspector grade. The
Guideline of DOPT vide OM NO. AB-14017/12/88-ESTT is not helpful for
removal of regional disparity in promotions. FR also accepted for creation of
separate cadre on regional basis.
Laxmana Rao's petition in SC was
disposed relying on/quoting the decision dt.22-11-96 in WP 302/88 on RRs filed
by cex assns.(resulted in 6;2;1 ratio ,replacing the common seniority clause ).
It is a one line order stating that "..In the light of decision
dt.22/11/96 in WP no.302/88, this petition stands dismissed".. WP No
302/88 was filed by both the Federations of Inspectors and Superintendents
jointly The Gr-A RR published on the basis of the decision in WP no 302/88 was
valid up to October 2011. In the petition both the Federations have accepted
promotions on regional/zonal basis. AICEIA is very
correctly demanding to up grade all Inspectors who joined in service on or
before 2002 to maintain parity amongst Inspectors of all zones. The honourable Apex Court in 302/88 had directed
to cast seniority list of Superintendents of
Central Excise basing on the date of joining in the post of
Superintendent of Central Excise on All India basis.
After
a long time without knowing the back grounds of the issue, few units of
AIACEGEO are raising the issue of regional disparities in
promotions and asking that the promotions to the post of Asstt. Commissioner
should be granted on the basis of joining in the Inspector cadre. They insisted
that the combined length of service as Inspector + Superintendent should be
counted for the grant of promotion to the post of Asstt. Commissioner by
treating the already promoted senior Superintendents as ad hoc. Actually AIACEGEO is pursuing the matter of parity with the common
entry counterparts which automatically solve this problem. The AIACEGEO has
already filed a case in the CAT for parity in promotions with the Examiners as
the Examiner of 1992 has already become Asstt. Commissioner. Therefore at this stage no one should engage themselves with intra-Central Excise fighting. Instead of
it, we should fight unitedly with common opponents to get actual relief. This
would also cause litigations in the
legal courts and nobody among us would be able to get any benefit from cadre
restructuring while others would enjoy it. No rule permit to place any senior
Superintendent to lower position and grant him/her ad hoc status..
Thousands
of our senior Superintendents are already waiting for the implementation of
cadre restructuring expecting for next promotion at the fag end of the career. The
issue should have been taken up at the time of arising of these regional
disparities in the promotions to the post of Superintendents from Inspectors.
Moreover, regional disparities will automatically be removed if we are able to
get parity with Examiners & other counterparts. The issue of regional
disparities is basically related to the Inspectors Association regarding
promotion of Inspector to the post of Superintendent. The promotion to the post
of Asstt. Commissioner can never be granted by counting the length of service
rendered as Inspector to remove the regional disparities.
