" 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.

Friday 5 July 2013

Para wise comments to the self styled -FRESH FAQ on ZONAL/REGIONAL DISPARITY as sent by Shri S.K.Patil .

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Para wise comments to the self styled  -FRESH FAQ on ZONAL/REGIONAL DISPARITY as  sent by  Shri S.K.Patil  are furnished  below for information of all;
1.       “Question  rose by Mr. Patil : 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: by Mr. Patil- 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.
Comments- Since The Superintendents of Central Excise Recruitment Rules have been prescribed for promotions on the basis of Zonal ( cadre controlling) basis, the seniority in the cadre of Inspector has been determined as per Home Ministry ( later on DOPT) guidelines since creation of this department. The cadres of Inspector and Superintendent are not falling under any service ( like CSS, IRS etc.) for which no seniority list in the cadre of Inspector is being issued on All India basis. 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
2.       Question rose by Mr. Patil :This is not Supdt-grade issue but Inspr-Grade issue.
Ans by Mr. Patil: This issue is more of Supdt-Grade than Inspr-Grade, because damage to natural seniority is caused after promotion as 'Supdt CX'.
Comments- Since there is no provision for preparation of common seniority list in the cadre of Inspector and  to grant promotions to the grade of Supdt. On all India basis, it is irrelevant to raise this issue for retrospective effect.
3  Question rose by Mr. Patil : The Seniority cannot be changed retrospectively.
Ans. By Mr. Patil : 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.
Comments- At present many 1975 batch Inspectors are still Superintendent, hence if retrospective revision of seniority list will be made then seniority list of Inspectors is required to be recast w.e.f 1975 on all India basis and the promotions made to the posts of Superintendent/ AC/DC/JC/ ADC          ( whether in service or retired) from the existing seniority list of Inspectors w.e.f 1975 are required to be reviewed dully declaring there promotions made since 75 till date  as invalid.  But no( repeat NO) rule or decision is authorized to make such revision retrospectively. Only day dreamers can thing about such revision.
4 Question rose by Mr. Patil-: What is stand of CBEC on this issue of Zonal Disparity?
Ans by Mr. Patil : The CBEC is waiting for proposal from our own All India Body.
Comments:  What Board ? No one is  having any knowledge about the guidelines/procedures/ decisions  for  recasting  of seniority list retrospectively  since 1975 and converting the seniority list from zonal to all India retrospectively since 1975 and declaring all the earlier promotions as invalid. Hence question of waiting  of CBEC for  such proposal from AIACEGEO does not arise.
5 .Question rose by Mr. Patil : What is stand of our own AIB on this issue?
Ans by Mr. Patil : 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.
Comment-  Since it is not possible for recasting of seniority lists , merging it one on all India basis w.e.f 01.01.1975 and no law permit for such revision, the question of agreeing by any one does not arise.
6 Question rose by Mr. Patil : What alternative then left to 10000+ officers of our cadre who are going to be benefitted by this correction in zonal disparity?
Ans by Mr. Patil : 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.
Comments.- Since it is not possible at any cost, it is not required to raise such issue once and again for wasting of time ,energy etc.
7 Question rose by Mr. Patil : Can we call for a all India meeting to discuss on this issue?
Ans by Mr. Patil: Yes, AIB is already requested by about 10 Associate units including Mumbai,Chennai,Kolkata. We all are awaiting quick response from AIB.
 Comment- Constitution of Association does not permit to hold any such meeting on request from less than 2/3rd of total strength. For conducting  of meeting lot of expenditures are involved for arrangement and travelling expenses etc.  Since the issue is not supported by any  valid guidelines/provisions/ decisions etc, it is not required to conduct meeting  for such sole reason.
8 Question rose by Mr. Patil: What if AIB did not call/hold meeting URGENTLY?
Ans by Mr. Patil : 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.
Comment- This action will amount to violation of the provisions of the Constitution of Association.
9 Question  rose by Mr. Patil : Will this not be against Democratic functioning of All India Association?
Ans by Mr. Patil: 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. 
Comments- All can mail their opinion duly supporting the correct and valid provision of Law for revision of seniority since 1975.
10. 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 by Mr. Patil : 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].
Comments- The fact has not been correctly reflected. This amount to create a division amongst us.  Most of the seniors will retire with 2 to 3 years hence many young people will be promoted within 5 years.
11 Question rose by Mr. Patil : Whether this issue(of Zonal Disparity) if taken up with CBEC, shall harm our CAT Case filed by our AIB?
Ans by Mr. Patil: No. Instead this shall strengthen our CAT case, as one of the objection raised by govt in counter, mentions this zonal disparity.
Comments- It  is not required to change the stand moreover CAT case will solve all the problems together.
12 Question : But our CAT case shall solve this 'Zonal Disparity', as we are seeking 'Parity' with Examiner?
Ans by Mr. Patil : 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.
Comment- We are not the deciding authority and we can not pronounce the verdict on behalf of CAT.
13 Question rose by Mr. Patil : What if we take up this issue after Cadre Restructuring instead of immediate?
Ans by Mr. Patil : 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.
Comments- Board will not act on the basis of representation to be submitted without supporting any valid guidelines/ instructions/ decisions etc.
14 Question rose by Mr. Patil : 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 by Mr. patil : 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”.
Comments- The issue is not supported by any valid guidelines/ instructions/ provisions of law. It is not possible for revision of seniority since 1975. 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.