" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Thursday 18 July 2013

LEGAL PROVISIONS ON APPOINTMENT & SENIORITY.


Unhappy in your career? Follow these rules for success



1. In view of the directions of Apex Court in Radhey Shyam v.U.O.I, DOPT has directed that a requisition
in the prescribed form is to be placed on the SSC by the appointing authority for selection of candidates on direct  recruitment basis. The selected candidates will be appointed by the appointing authority under his jurisdiction  only. For all service matters including vigilance and seniority etc. the appointing authority is the deciding  authority as per different guidelines. The name of the selected candidates will be taken place as per  merit  in the seniority list maintained by such appointing authority. Therefore on inter Commissionrate
transfer one is  loosing his seniority as he is being transferred to the jurisdiction of another appointing authority.
 2. The Full Bench of Supreme Court in R.D.Gupta v. U.O.I- 19909(1) ATJ 212 had clarified that if an employee is promoted after DPC has found him fit for promotions that period should be count for seniority. The clarification given by Gupta case is clearly consistent with law laid down by the Apex Court in 1990(2) ATJ35-JT(2) SC 264 between Direct recruit vrs.State of Maharashtra. It has been laid down that where an incumbent is appointed to a  post according to the Recruitment Rules his seniority has to be counted from the date of his appointment. Very interestingly para-5 of the sad decision provides that 'if the initial appointment is not made by rules but the appointee continues in the post uninterruptedly , the period of officiating service will be counted for his seniority.
3. Apex Court's decision in case of All India Federation of Central Excise v.U.O.I (W.P.Civil No 306/88)
vide para-7 of the said decision it is interalia held that Superintendent of Central Excise are to be placed in their respective seniority( consideration) list  on the basis of their continuous length of service in the cadre of Supdt.
  DOPT vide OM dated 4.11.92 has implemented  the decision of Direct Recruitees and similarly Board has also implemented the decision of W.P.Civil  no 306/88.
4. The promotions to the post of Supdt. are being allowed zonal basis on the basis of Supdt. CE RR of
1986, accordingly the seniority list is being prepared on the basis of W.P.CIVIL NO 306/88. This RR was challenged in high Court of Hyderabad to covert the seniority list from zonal to all India  but high court rejected the appeal and accepted the RR as valid one. The decision of high court was challenged in Apex Court but  Apex Court accepted the decision of High Court and again directed to determine the seniority as per decision of  W.P.CIVILNO 306/88.
 Thanks to Shri Uni Krishnan and Shri R.C Sharma ( then President and SG of Inspectors Federation)
who  realising the above provisions had pressurised the Board to promote all Inspectors at a time during 96-97 who joined on or before 1982 to maintain parity in some extent. Had this practise followed during 2002& 2007,the matters would   have been totally different.Now discussions on retrospective revision of RR can be construed as time pass, because Apex Court has also decided that RR can not be revised retrospectively.