Recently we have received one
message from one Mr. S.K Patil about removal of regional disparity on
promotions. His message is reproduced below:
“Dear
Sir/d,
Pl go through the attachment.
The new FAQs are based on the doubts, querries,apprehensions,rumours making
rounds in different minds.
Let us try to clear & focus our minds. Let us unite to get justice.
Pl know, it is easy to fight open opponent; but difficult to fight hidden
opponent.
We have to salvage the situation. thanks....SK PATIL,V-P,PUNE 09822530530”
The self styled -FRESH FAQ on ZONAL/REGIONAL DISPARITY as
prepared by him are reproduced below;
“Q: What is the need
of raising this issue as the promotions are given as per RRs? How it can be
changed? How an officer Senior in Supdt-Grade can be made Junior?
Ans: The promotions
are given under RRs, but are given from 'Zonal Seniority list/s'. These
promotions should have been given from the 'Eligibility list for Promotion' as
correctly required by set guidelines in existence since 1958 issued by
DoPT/UPSC. These promotions can be changed, without Demotions, by granting
CORRECT Seniority among promottee-Supdt vis-a-vis by preparing Eligibility list
for Promotion to Inspr-Grade officers of all CC EX Zones.
Q:This is not
Supdt-grade issue but Inspr-Grade issue.
Ans: This issue is
more of Supdt-Grade than Inspr-Grade, because damage to natural seniority is
caused after promotion as 'Supdt CX'.
Q: The Seniority
cannot be changed retrospectively.
Ans: The
promotional-Seniority, that has caused 'Demotion' to Natural Senior/s' can be
corrected retrospectively any time. This has been done by CBEC, by Supreme
Court(granting correct Seniority) in many cases.
Q: What is stand of
CBEC on this issue of Zonal Disparity?
Ans: The CBEC is
waiting for proposal from our own All India Body.
Q: What is stand of
our own AIB on this issue?
Ans: Personally, our
President sir agrees but officially does not agree. Our SG feels issue can not
be taken up & hence will not be taken up. President sir feels we need not
write on this issue to CBEC as, CBEC has not responded to any
letter/representation in past on other issues.
Q: What alternative
then left to 10000+ officers of our cadre who are going to be benefitted by
this correction in zonal disparity?
Ans: They shall
request to their unit leaders as well as AIB leaders to request/urge, to take
up this issue in right earnest with CBEC.
Q: Can we call for a
all India meeting to discuss on this issue?
Ans: Yes, AIB is
already requested by about 10 Associate units including Mumbai,Chennai,Kolkata.
We all are awaiting quick response from AIB.
Q: What if AIB did
not call/hold meeting URGENTLY?
Ans: Then every
individual officer(who is looser or to say Senior-Demoted-on Promotion) may
take law in hand & shall be free to
approach available redressal mechanism.
Q: Will this not be
against Democratic functioning of All India Association?
Ans: Our own All
India Association should come forward to redress the issue concerning MAJORITY
cadre officers(about 90%). The All India Association(AIA) is formed to take up
All India issues with CBEC. Any AIA has to conduct meetings as many times as
required (on such majority-concern issues) or has to call opinion from each of
the Associate-Unit through Mail &, put up on AIA website such opinions for
the knowledge of all its general-members.
Q: Who shall
compensate the damage that shall cause to 'Junior' officers(of leading Zones)
placed 'Senior-after-Promotion'? What shall be their fate for next-Promotion?
Will this not cause damage to their career progression?
Ans: After this
exercise of correcting 'Zonal/Regional Disparity', the 'Junior' shall remain
'Junior' BUT shall not be 'Demoted' and hence shall not be caused with any
damage to their 'Natural-Seniority, as Junior'. Rather 'Natural Senior/s' who
are made 'Junior-on-Promotion' shall be restored to their 'Natural-Senior'
position. The 'natural-Junior' officers of leading Zones [promoted on or before
2002, in Supdt-Grade]shall get their next-Promotion on or before Dec 2014. Rest
shall get in due course as per the "Fresh Recruitment Rules" that
shall come in force before ensuing Cadre Restructuring[DoPT Guidelines,
requires this: reportedly our AIB is actively pursuing on this].
Q: Whether this
issue(of Zonal Disparity) if taken up with CBEC, shall harm our CAT Case filed
by our AIB?
Ans: No. Instead this
shall strengthen our CAT case, as one of the objection raised by govt in
counter, mentions this zonal disparity.
Q: But our CAT case
shall solve this 'Zonal Disparity', as we are seeking 'Parity' with Examiner?
Ans: Yes. But this
shall be achieved if we win our case. The counter filed by govt mentioning CX
Zonal Disparity is major hurdle in winning this CAT case by us. If we achieve
'zonal Parity' now among all CX CC Zones then the chances of
"winning" our CAT case shall go multifold.
Q: What if we take up
this issue after Cadre Restructuring instead of immediate?
Ans: The issue of
'Dis-Parity' within CX shall aggravate to Geometric Proportion, if not resolved
immediately. The CR requires just the 'correct seniority' of our officers in
Supdt-Grade. The principles adopted by our CBEC for granting Promotions are
wrong. This in turn is causing 'Demotion' to majority officers, after promotion
from Inspr-Grade. Any officer/person cannot be "Demoted" unless there
are some disciplinary reasons. In absence of any such reasons, CBEC has
"Demoted" about 80-90% of our cadre officers & is absolute wrong.
Therefore, to get the benefits of CR coming to "legally-Eligible" officers
we all should resolve this issue quickly.
Q: Except 5
Associate-units, no other Associate-units are willing or supporting. Then why
it is required to attend immediately? AIB is not willing to hold all India
meeting because 70% units are not demanding to hold such meeting.
Ans: It was true,
that Initially only 4-5 units were aware; but after Patna AEC almost all units
are aware. Today, Barring 1 or 2 units, every unit wants to discuss & know
more on this issue. The units in favour of holding such all India meeting are
having more than 70% of total Supdt CX cadre strength & also holds more
than 70% voting Power. This shall actually reveal once All India meeting is
hold immediately. Today units like Jaipur, Hyderabad, Bangaluru are also facing
stagnation because of absence of 'Eligibility list for Promotion'. The Shillong
Zone has all time high stagnation. Once the Dis-Parity within different Cadre
Controlling CX Zones is addressed immediately, by our own All India Body/AIA in
democratic way, we all shall be more united & beneficiaries”.
In this connection we have already
clarified that the cadres of Inspector and Superintendent are not falling under
any service ( like CSS, IRS etc.) The promotions to the post of
Superintendent are being awarded on the basis of the valid Superintendent of Central Excise Recruitment
Rules which has been issued under the
provisions article 309 of the Constitution of India. This RR has been providing for promotion on
CCA (Zonal ) basis. Therefore Seniority Lists as per DOPT guidelines are being
issued in the cadre of Inspector of Central Excise on Zonal basis since
creation of this department. 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. It
is a one line order.,WP no.3835 of 1981.."The wp has become infructuous
and accordingly dismissed .No costs. 'on 24/9/1996.However another linked
matter WP nos 512 and 835 of 1988 was disposed relying on Gaya baksh yadav
caseJT 1996 (5)SC 118.The contention of mr.Rao in the petn was for all india SL
of Insprs or count total service as inspr and supdt considering the disparity in
various commtes.It was also pleaded that if each commte is treated as
separate.then separate quota must be
allotted just like cus apprs and supdts. Of course, the case was linked with
306/88 at various stages but disposed differently.. 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. 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.
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 has also
accepted for creation of separate cadre on regional basis for which step up of
pay is not allowed to seniors of other
zones. 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.
Not only
in Central Excise Department but also in other departments such as Income Tax,
Railways, Postal & Audit etc. there
is a provision for preparation of seniority list on Zonal basis as per
guidelines prescribed by DOPT. This has been confirmed by Apex court in catena
of judgements including Union of India Vs. N.R. Parmar (Supreme Court
Judgement 2012 STPL(Web) 687 SC )
Thus it is totally incorrect that Board has not correctly observed the
guidelines of DOPT in preparing the seniority list of Inspectors on zonal
basis.
The points raised by Shri Patil are baseless and without any
support of statutory provision of fixation of seniority.
