OUR DEMANDS WITH REFERENCE TO CR-2013 OF CBEC.
1. Allow 100% promotions in
the ensuing CR to all feeder categories in the JTS as well as chain vacancies
in JTS arising due to promotions against additional posts created at higher
levels and it must be in one go, dully relaxing the RRs.
2
Make necessary provision to down grade all such vacant
posts under Rule 254 of General Financial Rules, 2005 .
3.. All such
temporary posts are required to be filled up from the cadre of
Superintendent only duly amending the RRs.
4. The IRS (C & CE) Recruitment Rules 2012 is required to
be amended immediately with a provision for removal of intra cadre ( including inter cadre)
disparity in promotions as existed in our cadres. Further the
RRs are required to be amended to provide promotions directly to STS(DC) posts
from the cadre of Superintendent of Central Excise like CSS services.
5.
The stipulations & provisions as
mentioned vide para 4 of the circular F.NoA.11019/08/2013-Ad.IV
dated 18.12. 2013 that -- “The promotions against these vacancies shall
not entail further promotion to any level beyond JTS”-- are required to be
deleted and there should be a provision
for creation of additional 2118 temporary posts of DC after 4
years. .
. .6
The CBEC should conduct immediate DPC in the 1st week of January, 2014 to fill
up all the temporary posts of Asst. Commissioner from the grade of Superintendent
without consulting UPSC.
7.
Immediate creation
of 20% of cadre strength ( including temporary posts) as Leave Reserved posts(
LR). in Indian Revenue
Service.
8.
There should be a clause in para 4 of the CBEC circular dated 18.12.13
that these temporary posts may be continued further on functional
necessities basis after 5 years..
NOTES ON ABOVE POINTS.
1. In the Cadre Restructuring - 2013 of CBEC (notified on 18.12-2013 vide CBEC F.NoA.11019/08/2013-Ad.IV dated 18 12.13 ), 489 supervisory posts ( Principal CC to JC) have been created whereas 500 posts (regular ) have been created at the cutting edge level i.e. DC/AC. The consequential vacancies at the level of AC ( regular) will be 989 ( 489 + 500), which is proposed to be filled-up @ 50% by promotion and 50% by Direct Recruitment in accordance with the RRs. In effect, majority of these posts are going to remain unfilled for next three to 12 years. Particularly, in F.Y.s 2013-14 and 2014-15, only 484 vacancies are likely to be filled by way of promotions as the corresponding 485 DR vacancies will actually be available only within 12 years as recruitment process of UPSC cannot commence before Feb, 2015 . Further, as on date there are around 250 vacant posts of AC on direct quota and during next 10 years around 1000 nos.of regular posts ( approximately 100 nos. for each and every year)will be lying vacant . For effective cadre management and as per UPSC norms the ideal DR quota shall be around 150 per year and UPSC will not be inclined to recruit more. Hence approximately 12 years will be required to fill up all such posts ( 250 +485+ 1000 = 1735)by UPSC. Accordingly, a good nos.of AC posts are remain vacant for next 12 years. Further, as per DOPT OM No. No. I-11011/1/2009-CRD dated 14-12-210 “The Cadre Controlling Authorities are, however, advised not to resort to any bulk recruitment as it would create a bulge in the structure leading to stagnation at later stage. This may be kept in view while projecting recruitment planning.” It is surprising to note that as to how CBEC lost sight of such important advice of DOPT. . Keeping a large number of posts vacant, in the grade of AC for a period of 12 years is bound to adversely affect the revenue collections and result in tardy Tax Payer Service. Besides, it will create a real bottleneck directly affecting promotion prospects of Gr-B Gazetted officers of Central Excise and Customs Department, , the feeder cadres for AC. Stagnation level in the grade of Superintendent of Central Excise is presently nearly 20 years. It will be increased to 24 years in the coming years and will be resulted that many Superintendents will retire without joining in Gr-A. . Thus, the present scheme of filling-up 989 posts of AC in the ratio of 50% by Promotion and 50% by Direct Recruitment, will have demoralizing effect on more than 90% officers at the cutting edge level (Gr-B Gazetted). If such large number of posts at cutting edge level are kept vacant, it is anybody’s guess as to how the promised growth in revenue collections in the coming years will be achieved. We are sure that these intricacies would not have been duly highlighted in the proposals submitted by the CBEC. Here it is pertinent to mention that Cadre Restructuring is for those who are already in service & not for those who are in college and likely to join service in future i.e. 5/12 years. In Cadre Restructuring - 2002 it is inter alia clearly mentioned in the cabinet note that “it is alignment with the policy of Govt. which lays down the objective of cadre review as the achievement of congruence between functional needs of the department and legitimate aspirations of the staff. Accordingly, cabinet approved the CR during 2002 for filling up of vacancies of all newly created posts by promotion and not through recruitment from open market. Cabinet approved for a one-time relaxation to the recruitment rules ,therefore all vacancies at all levels, arising as a consequence of the restructuring, were filled by promotion from the feeder cadres . Therefore now it is required to allow 100% promotions in the ensuing CR to all feeder categories in the JTS as well as chain vacancies in JTS arising due to promotions against additional posts created at higher levels and it must be in one go, as is proposed to be done in the CR-2002.
1. In the Cadre Restructuring - 2013 of CBEC (notified on 18.12-2013 vide CBEC F.NoA.11019/08/2013-Ad.IV dated 18 12.13 ), 489 supervisory posts ( Principal CC to JC) have been created whereas 500 posts (regular ) have been created at the cutting edge level i.e. DC/AC. The consequential vacancies at the level of AC ( regular) will be 989 ( 489 + 500), which is proposed to be filled-up @ 50% by promotion and 50% by Direct Recruitment in accordance with the RRs. In effect, majority of these posts are going to remain unfilled for next three to 12 years. Particularly, in F.Y.s 2013-14 and 2014-15, only 484 vacancies are likely to be filled by way of promotions as the corresponding 485 DR vacancies will actually be available only within 12 years as recruitment process of UPSC cannot commence before Feb, 2015 . Further, as on date there are around 250 vacant posts of AC on direct quota and during next 10 years around 1000 nos.of regular posts ( approximately 100 nos. for each and every year)will be lying vacant . For effective cadre management and as per UPSC norms the ideal DR quota shall be around 150 per year and UPSC will not be inclined to recruit more. Hence approximately 12 years will be required to fill up all such posts ( 250 +485+ 1000 = 1735)by UPSC. Accordingly, a good nos.of AC posts are remain vacant for next 12 years. Further, as per DOPT OM No. No. I-11011/1/2009-CRD dated 14-12-210 “The Cadre Controlling Authorities are, however, advised not to resort to any bulk recruitment as it would create a bulge in the structure leading to stagnation at later stage. This may be kept in view while projecting recruitment planning.” It is surprising to note that as to how CBEC lost sight of such important advice of DOPT. . Keeping a large number of posts vacant, in the grade of AC for a period of 12 years is bound to adversely affect the revenue collections and result in tardy Tax Payer Service. Besides, it will create a real bottleneck directly affecting promotion prospects of Gr-B Gazetted officers of Central Excise and Customs Department, , the feeder cadres for AC. Stagnation level in the grade of Superintendent of Central Excise is presently nearly 20 years. It will be increased to 24 years in the coming years and will be resulted that many Superintendents will retire without joining in Gr-A. . Thus, the present scheme of filling-up 989 posts of AC in the ratio of 50% by Promotion and 50% by Direct Recruitment, will have demoralizing effect on more than 90% officers at the cutting edge level (Gr-B Gazetted). If such large number of posts at cutting edge level are kept vacant, it is anybody’s guess as to how the promised growth in revenue collections in the coming years will be achieved. We are sure that these intricacies would not have been duly highlighted in the proposals submitted by the CBEC. Here it is pertinent to mention that Cadre Restructuring is for those who are already in service & not for those who are in college and likely to join service in future i.e. 5/12 years. In Cadre Restructuring - 2002 it is inter alia clearly mentioned in the cabinet note that “it is alignment with the policy of Govt. which lays down the objective of cadre review as the achievement of congruence between functional needs of the department and legitimate aspirations of the staff. Accordingly, cabinet approved the CR during 2002 for filling up of vacancies of all newly created posts by promotion and not through recruitment from open market. Cabinet approved for a one-time relaxation to the recruitment rules ,therefore all vacancies at all levels, arising as a consequence of the restructuring, were filled by promotion from the feeder cadres . Therefore now it is required to allow 100% promotions in the ensuing CR to all feeder categories in the JTS as well as chain vacancies in JTS arising due to promotions against additional posts created at higher levels and it must be in one go, as is proposed to be done in the CR-2002.
2. Due
to creation of more nos.of posts in DC/JC/ADC grades, many posts
of DC/JC/ADC grades will be
lying vacant due to non-availability of
eligible officers as per RRs. Hence it is required to down grade all
such vacant posts under Rule 254 of General Financial Rules,
2005 which reads as under:
"
Adjustment in Appointments: A ministry or department competent to make
appointment to posts in any cadre may make appointments in a lower post in the
cadre to the extent vacancies left unfilled in the higher posts."
3.. Further the promotional prospects of Superintendents of
Central Excise were adversely affected due to the
fixation of 6.1.2 ratio in old RRs as per the verdict of Apex
Court. The Apex Court pronounced such decisions in W(C) No 306/88
without any judicial determination and by virtue of such decisions
one of the feeder categories namely Appraisers of Customs got undue benefits in
promotions since 1988 to 2011.Though by virtue of Apex Court decisions
dated 03.08.11 the ratio has been revised to 13.2.1 , however Board
declined to make regularization of all adhoc promotions pending in the grade of
AC since 1997 in revised ratio despite the verdict of Apex court on dated
03.08.11. By virtue of such undue benefit ,while the Appraisers of 2002
batch are promoted to the post of AC, the Superintendents of 1993 batch
are still Superintendents. Mainly the temporary posts have been created for
removal of stagnation in the grade of Superintendent of Central Excise as per
our continuance demand , agitation and representation , hence all such
temporary posts are required to be filled up from the cadre of
Superintendent only duly amending the RRs and not a single post should be
provided to the grade of Appraiser for promotion . If Appraisers will be
allowed to be promoted against the temporary posts in 13.2.1 ratio, then while
2008 batch of Appraisers will be promoted to AC, 2001 batch
Superintendents of Central Excise and 2003 batch Superintendents ,Cus(P) will
be AC in course of implementation of CR(CBEC)-2013 and these definitely
will have demoralizing effect on more than 90% officers at the cutting edge
level (Superintendents).
4. Since the ratio for promotions as per RRs is required to be
revised on the basis of cadre strength of feeder categories, therefore the IRS
(C & CE) Recruitment Rules 2012 is also required to be amended
immediately with a provision for
removal of intra cadre ( including inter cadre) disparity in
promotions as existed in our cadres. Further the RRs are
required to be amended to provide promotions directly to STS(DC) posts from the
cadre of Superintendent of Central Excise like CSS service.
5.In para 4 of F.NoA.11019/08/2013-Ad.IV
dated 18 12.13 it is interalia mentioned that 2118 temporary
posts in Junior Time Scale have been created. ( the words JTS are being used)
Whenever any JTS posts
are created it is mandatory to create similar nos
of STS posts
also because from JTS to STS promotions
are being granted on time bound manner, this has also been up held by CAT ,
Chennai in the case IRS ( promotee)
officers Association vrs. UOI,
therefore the stipulations & provisions as mentioned
vide para 4 of the circular F.NoA.11019/08/2013-Ad.IV
dated 18.12. 2013 that -- “The promotions against these vacancies shall
not entail further promotion to any level beyond JTS”-- are required to be
deleted and there should be a provision
for creation of additional 2118 temporary posts of DC after 4
years.
. .6.
It is mentioned vide para 6 of the circular F.NoA.11019/08/2013-Ad.IV
dated 18.12. 2013 that-" Pending
notification of revised recruitment rules, wherever required the newly
created/re-designated posts will be filled up on the basis of the extant
Guidelines for Recruitment Rules, issued by the Department of Personnel &
Training". As per para 4 of the said circular these temporary posts will
be filled up only on promotion from the feeder grades specified in the India
Revenue Service (Customs & Central Excise) Recruitment Rules, 2012 .
Regulation
4 to UPSC ( EFC) Regulations interalia provides that it is not necessary to
consult the UPSC in regard to the selection for a temporary post if the
person appointed is not likely to
hold the post for a period of more than one year provided such an appointment
should be reported to UPSC as
soon as it is made, if the appointment continues beyond a period of six months,
a fresh estimate as to the period for which the person appointed is likely to
hold the post should be made and reported to the UPSC ,
and if such estimate indicates that the person appointed is likely to hold the
post for a period of more than one year from the date of appointment ,
the UPSC should
immediately be consulted in regard to the filling of the post.
GI.MHA.OM.
NO 23/27/68- ESST(R) dated 26.12.68 read with DOPT.OM NO.23/51/71-
ESST(B) dated 25.09.72 interalia provides that there is no provision for
approval by UPSC for any appointment initially made without consulting them .
The objective behind reporting of adhoc appointments to UPSC under regulation 4
is not to secure their concurrence to continuance of adhoc appointment beyond
one year but to enable the UPSC to discharge their Constitutional
responsibility to bring to the notice of Parliament.
Near about 100 nos. of Superintendents are going to be retired during the month of January, 2014, therefore it has been urged that the CBEC should conduct immediate DPC in the 1st week of January, 2014 to fill up all the temporary posts of Asst. Commissioner from the grade of Superintendent without consulting UPSC.
Near about 100 nos. of Superintendents are going to be retired during the month of January, 2014, therefore it has been urged that the CBEC should conduct immediate DPC in the 1st week of January, 2014 to fill up all the temporary posts of Asst. Commissioner from the grade of Superintendent without consulting UPSC.
7. As per DOPT guidelines, it is required for creation of 20%
of cadre strength ( including temporary posts) as Leave Reserved posts( LR).
Therefore it is demanded for immediate creation of Leave Reserved posts
in Indian Revenue
Service.
8.
It appears that the temporary posts have been created in course of the ensuing
CR on the basis of functional necessities as per work load. These
functional necessities will be increased drastically after 5 years,
therefore there should be a clause in para 4 of the CBEC circular dated
18.12.13 that these temporary posts may be continued further on
functional necessities basis after 5 years.. Recently the Ministry of Railways ( Railway Board) vide the existing instructions contained in item 2 of Board's letter PC-I11/2013/CRC/4 dated 8.10.2013 RBE No.102/2013) clarified that “Temporary
posts may be taken into account for the purpose of cadre restructuring subject
to certification that these posts are meant for regular activities which will
continue and not for any sporadic requirements. In the event of any temporary
posts so reckoned being continued for a period of more than three years of their original creation, the
same should be considered for regularisation” Further GI.MF.OM NO.A-11019/6/76-EGI dated 24.03.76
intealia provides that Administrative
Departments may,if they are satisfied that the temporary posts are required for
work of a permanent nature, convert with
the approval of respective Internal FA, 90% of such posts in to permanent ones
provided they have been in existence for a period of not less than 3
years.GI.MF. FILE NO F.1.(9)E-IIA 74 –GID
below scheduleIII D.F.P Rules 1978 provides that an authority competent
to create a post shall be competent to continue a temporary post beyond the specified period.
