" 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.

Monday 15 July 2013

Discussions on ZONAL/ REGIONAL DISPARITY in Promotion & Seniority.


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1.     Comment of Mr. Shubhrangshu Dev on the issue of regional disparity in promotions..



SUB: ZONAL DISPARITY- Reg.
KIND ATTENTION: - ALL the Joint Secretaries and Vice Presidents of All India Body, AIACEGEO
In Continuation to my quite good numbers of  mails on the subject issue, I would like to draw
kind attention of all the Joint Secretaries and Vice Presidents of All India
Body, AIACEGEO reiterating my views on the issue for a better understanding
without keeping any scope for ambiguity of the issue.
 I would like to put the matter with my own understanding in a tabular form as under:-
Sl No.
  Relating to Issue of so called “Zonal disparity”
My answer
INFERENCE
1
2
3
4
1
Whether the issue of so called zonal disparity and the discussion on the recasting of seniority is going to increase the numbers of additional posts of Asstt Commissioners than that what is prevailed at present without recasting?
NO

2
Whether the position of our those members who have been promoted to Superintendents from LDC, UDC, STA, TA has been thought of in the issue of so called “Zonal disparity”?
NO

3
Whether the identification of those members who is likely to lose their present senior position to a junior one , if any,  has been identified to seek their consent before even discussing on the issue of so called “Zonal disparity”?  
NO

4
Whether the settled issue in view of the Judgment and order as pointed out by our President in his mail has been taken note of before taking up the issue of so called “Zonal disparity”?
NO

5
Whether the aggrieved member in the light of Sl No 3 & 4 above is barred from seeking justice if he loses his legitimate position in the present seniority list?   
NO

6
As for example, in Shillong Zone our brother Inspectors are worst sufferers who are yet to get their first Promotion even after completion of service for more than 25 years. So are the cases of the Superintendents who are yet to get their 2nd promotion at the verge of their superannuation after completion of more than 18-20 years of service as Superintendent.
All of them will be benefitted imminently only by way promotion of senior most Superintendents to AC as the same will give cascading effect in the downstream in favour of most acutely stagnating inspectors of the country.
Whether the position of the above mentioned worst sufferers was thought of before taking up the issue of so called “Zonal disparity”?
NO



7
Whether the issue of so called “Zonal disparity” is of so emergent exigency that the same is required to be raised without taking the above said pertinent points in spite of the fact that the issue was addressed with adopting of resolution in AEC, Patna in details only very recently in presence of all of us including those who are the exponents of so called “Zonal disparity” issue?   
NO


I am very hopeful that we will be keeping our tradition of healthy discussion on any issue with positive attitude while vehemently opposing any move to bulldoze /circumvent.
The point wise reply including logical opposing of my stand is most earnestly welcome from all, but most specifically from the all the members of All India Body, AIACEGEO, being the portfolio –holders. I shall humbly try to draw inference (Col-4) on the issue on receipt of the feedback from the members of All India Body, AIACEGEO.
With best wishes.
Shubhrangshu.




2....
REPLY OF MR. SUNIL PATIL



Dear Shubhrang ji,
     Your 'NO' points well taken.
     Let us seek to understand the phrase "so called Zonal disparity". Do we mean to say  [1] THAT there is no zonal disparity?
     [2] THAT the person 'senior' as Inspector CX is not made junior after Promotion as Supdt CX? [3] THAT the junior-persons given go ahead in seniority by CBEC wrong policies should not be corrected? [4] THAT the 'few' officers given advantage over majority, should not be corrected? [5] THAT similar & many other SC judgments issued after 1988(one quoted by our President) should not be considered? [6] THAT above all, we should not discuss as decided in Patna AEC?
     Are we expecting our AIB to function in 'democratic' manner or not? AIB should be open for discussion or not?

    If answer to all the above questions is NO, then what for our AIB (is it in?) is reportedly in CAT seeking 'Base cadre Parity'? Just to create illusion? or to ???
    Once it is Base Cadre Seniority, other time it is Base Cadre Parity? Both these concepts does not find any SC or DoPT OM support.
     BUT, the basis of seeking "parity or Seniority"(whatever name you give it) on the basis of "Eligibility list for Promotion", certainly finds support in DoPT OMs issued since 1958 to till date. [earlier before DoPT, this was done by MHA-Ministry of Home Affairs]. There are good number of SC judgments & many Central Ministries/Departments have corrected such situations.
   Our own CBEC has been following these principles for Customs wing.
   WE want not individual units but the AIB should take up Quickly, Urgently - so as to reach CR benefits to the deserving & genuinely Senior officers.
   Thanks.......................SK PATIL,PUNE09822530530 .

 

3.  COMMENTS--- IT  WAS   RESOLVED  IN THE AEC MEETING HELD AT PATNA  THAT SINCE  SENIORITY LISTS IN THE CADRE OF INSPECTOR ARE BEING ISSUED ON THE BASIS OF VALID RECRUITMENT RULES  AND THE SAME  HAS BEEN CONFIRMED BY APEX COURT IN SEVERAL JUDGEMENTS  INCLUDING 302/88 AND THERE IS NO PROVISION FOR RETROSPECTIVE REVISION OF ANY RECRUITMENT RULES, THE SUBJECT ISSUE WILL BE DISCUSSED IN THE NEXT  AEC.



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Again Mr Shubhrangshu Deb  has commented the following:


 Dear S.K.Patilji,

First of all thanks for your prompt reply.
 
My effort  is to find ways & means  to benefit the members as a whole and to me this can be done imminently  in 2 ways -
one by increase of numbers of posts of AC ( Through cadre-restructuring) & another by way of finding mechanism for
time bound promotion because of the  large ratio - gap between Supdt & ACs. I have not taken into consideration of the
issue of "Base cadre parity/seniority", being sub-judice. 
 
I have given some of the pertinent back drop in respect of the issue of “Zonal disparity” in tabular form for better
understanding of the issue so that we can deduce the feasibility, the benefit, the risk involved etc and a co-ordinated
well-conceived meaningful proposal is made not at the cost of the legitimate position of any of our member.
 
I have put my answer as NO because I am not in possession of any records /documents which could lead me to
change my answer. For this reason I have uploaded the same to all in the mail-list, specifically to the Executive
members of all India body inviting feedback about my “NO”, so that I become well-educated on the issue of
” Zonal disparity” with the help of factual presentation of our knowledgeable members.  
 
I could not read the OM of 1959 of DOPT attached to the mail of Sri Patil in his earlier mail. However,
I’ll take out legible copy & get back to u all through mail.
 
I am eagerly & humbly expecting the reply to my tabulated questionnaires from all the VPs & JSs of AIB
so that I can proceed further on the issue of “Zonal disparity”.
 
With Best Wishes
 
Shubhrangshu Deb
VP- AIB
Guwahati.
 

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