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During the month of November it is expected that the CR of CBEC is likely to be approved by Union Cabinet, UPSC may likely allot a date for DPC for promotion to the post of AC against existing vacancies, Union Govt may likely declare the name of Chairman and other members for proposed VII CPC and the terms of references for VII CPC. | ||||||||||||
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ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS(AIACEGEO)(Recognised vide CBEC letter F.No. B. 12017/10/2012-Ad.IV A Dt. 25.02.13 ) (Disclaimer- The views expressed in the Blog post are purely for the consumption of members of AIACEGEO only and the data/facts contained therein should be first verified with authentic source, before using the same, by anyone).
Thursday 31 October 2013
THE MONTH OF NOVEMBER
Wednesday 30 October 2013
SENIORITY LIST- VRS. – ELIGIBILITY LIST.
As
per DOPT guidelines it is required to prepare a seniority list in each and
every cadre. Seniority list has to be prepared by appointing authority
considering the DOPT guidelines only.
Main guidelines for preparation of seniority list at present is date of DPC for promotees and date of
advertisement by selecting authority for direct recruitees , the seniority for both direct and promotee has to be fixed as per quota fixed for each category and the
rotation method prescribed by DOPT subject to fulfillment of conditions
prescribed by DOPT on its circular dated 07.02.86. Further considering the above situation the
relative seniority of all direct recruit shall be determined by the order of
merit in which they are selected and for promotees as per DPC panel. The persons
appointed as a result of an earlier selection being senior to those, appointed
as a result of a subsequent selection: Here
the word “appointment” is very crucial as appointment is being made by
the appointing authority only. The
selecting authority (either UPSC or SSC) does not issue any appointment letter.
Therefore the appointing authority is responsible for preparation of seniority
list.
The 'Seniority list is not
a substitute for eligibility list. -"The eligibility list for promotion
shall be prepared with reference to the date of completion by the officers of
the prescribed qualifying service in the respective grade as prescribed in
Recruitment Rules for promotion to next higher grade .The eligibility list for
promotion shall be prepared with reference to the date of completion of
qualifying service with inter-se-seniority within the cadre remaining the same.
Which stipulates that the eligibility list of a particular grade has to be
prepared in conformity with the seniority list of that particular grade only ( In other words for promotion to the post of
AC, the eligibility list has to be prepared on the basis of the seniority list of
Superintendents only. No provision has been prescribed for preparation of
eligibility list in accordance with the seniority list of Inspectors for promotion
to the post of AC. Such procedure has not
been prescribed either by DOPT or by any Court of Laws. Moreover this is not
possible as there is also a provision of direct recruitment in the
Superintendent of Central Excise Recruitment Rules 1986).
Since the qualifying years
of service in the grade of Superintendent for promotion is two years only, all
the Superintendents as figured in the seniority lists (up to 2010) have
completed the qualifying years of service, hence no further eligibility list is
required to be prepared in conformity with the decision of Honourable High
Court of Delhi in the case of ITGOA. The Superintendent of Central Excise
Recruitment Rules 1986 provides that DPC shall be held on the basis of Zonal
cadres. As per the honourable Supreme Court decision in WP(C ) No. 306/88, a
seniority list is to be prepared in the cadre of Superintendent on all India
basis for promotion to the grade of AC.
The term disciplinary
authorities is applied to such authorities who have been entrusted
with powers to impose any penalty on the employees. The term disciplinary
authority is defined in rule 2(g) of CCA Rules as the authority competent to impose
on a govt. servant any of the penalties specified in rule 11. Appointing
authorities are empowered to impose major penalties. It may be recalled that
article 311 clause (1) provides that no one can be dismissed or removed from
service by an authority sub-ordinate to the authority which appointed him.
Appointing authorities happen to be disciplinary authorities. CCA Rules 2(a)
lays down the procedures for determining the appointing authority. The appointing authority or disciplinary
authorities can not be changed retrospectively.
As
per the Inspectors of Central Excise recruitment rules ”the
appointing authority" in relation to Inspector grade means the
authority empowered under the Central Civil Services (Classification, Control
and Appeal) Rules, 1965, to make appointments to that grade. Similarly as
per the Superintendents of Central Excise Recruitment Rules “the
appointing authority" in relation to Superintendent grade means
the authority empowered under the Central Civil Services (Classification,
Control and Appeal) Rules, 1965, to make appointments to that
grade. As per these rules , Commissioner of Central Excise
(CCA) is the proper authority which is empowered under the Central
Civil Services (Classification, Control and Appeal) Rules, 1965, to make
appointments to both the grades of Inspector & Superintendent .
There is no provisions under such rule for delegation of powers to subordinate
or exercise of power by higher
officials. Hence Commissioner (CCA) is
the only competent person to appoint both Inspector and Superintendent .
Neither Board nor DG/HRD are empowered under the Central Civil Services
(Classification, Control and Appeal) Rules, 1965 to make appointments to the
Grades of Inspector & Superintendent . Since Commissioner (CCA) is the
competent authority for appointment of Superintendents, he is also
competent to prepare seniority list of Inspectors working under his
jurisdiction to grant promotions to the grade of Superintendent on zonal basis
as per the provisions of RR as he is the appointing authority for the post of
Superintendent. Board is not authorised to prepare a
unified seniority list of Inspectors of Central Excise on all India basis
unless the Central Civil Services (Classification, Control and Appeal) Rules,
1965 is amended suitably . Since appointments have
already been made and promotions have already been granted, these rules can not
be amended retrospectively. Since the Union Govt.( through CBEC) is
competent for appointment of AC as per Gr-A RR, CBEC is preparing the seniority
list of feeder categories ( including Superintendent of Central Excise )on all
India basis to grant promotions to the post of AC. Under the Central Civil
Services (Classification, Control and Appeal) Rules, 1965, Chief
Commissioners/CBEC are the appellate /revision authority respectively for
the grade of Superintendent. Appellate authority can not exercise the
power of adjudicating authority. Example Commissioner ( Appeal ) can not
adjudicate any case which are empowered for adjudication by Commissioner or
by any subordinate to Commissioner . The Central Civil Services
(Classification, Control and Appeal) Rules, 1965 also provides different
provisions pertaining to vigilance, accounts and other service
matters, there is not a single instance for amendment of the same
retrospectively. The Authority of such rules at present is DOPT. There is
also a provision of direct recruitment in the Superintendent of Central
Excise Recruitment Rules to recruit Supdt. (Expert), hence the seniority
list of Superintendents can not be re-arranged with
reference to the date of joining in feeder post.
HAPPY DIWALI.
"A VERY VERY HAPPY & SPECIAL DEEPAWALI, GOVARDHAN POOJA & BHAIYA DOOJ AND
PROSPEROUS COMING NEW YEAR 2014 TO ALL THE MEMBERS & OFFICE BEARERS
(UNITS AS WELL AS ALL INDIA) ALONGWITH THEIR FAMILIES".
RAVI MALIK.
SG/AIACEGEO
Monday 28 October 2013
TERMS OF REFERENCE 7th CPC:
Cengo India demands
the proposed 7th CPC should examine the existing
structure of pay, allowances and other benefits/facilities, retirement benefits
like Pension, Gratuity, other terminal benefits etc. and should work out the comprehensive revised pay packet as
on 1.1.2014. The Commission should determine the pay
structure, benefits facilities, retirement benefits etc. taking into account
the need to provide minimum wage with reference to the recommendation of the 15th
Indian Labour Conference (1957) and the subsequent judicial pronouncement of
the honorable Supreme Court there-on. The Commission should determine the
Interim Relief needed to be sanctioned immediately . The Commission should determine
the percentage of Dearness allowance/Dearness Relief immediately to be merged
with Pay and pension . The Commission should settle the Pay and MACP anomalies arose on
account of VI CPC recommendations.
The Commission should work out the improvements needed to the
existing retirement benefits, like pension, death cum retirement
gratuity, family pension and other terminal or recurring benefits maintaining
parity amongst past, present and future pensioners and family pensioners
including those who entered service on or after 1.1.2004. The Commission should
recommend methods for providing
cashless/hassle-free Medicare facilities to the employees and Pensioners.
Diwali.
Perhaps one of the most well known
Indian festivals, Diwali is just around the corner. A much awaited festival,
celebrated throughout India, Diwali signifies many different things to people
across the country. As the festival approaches our members get busy shopping for
gifts for their near and dear ones. May the light that we celebrate at
Diwali show us the Way & lead us together on the path of peace and
social harmony. Hope the festival of lights bring you a sparkling health, wealth and everlasting happiness , Cengo India wishing you loads
of joy and happiness on Diwali.
Saturday 26 October 2013
CENGO INDIA.
The postings made in our blog post CENGO INDIA are being reproduced frequently in some other blog posts/web sites/ face book etc, though we have no objection for such reproductions ( as it where it is basis)exactly, however , our members are having a feeling that our AIACEGEO is having more than one blog posts.But we want to make it clear that our AIACEGEO is having only one blog post in the name and style CENGO INDIA, which is being maintained since 2008 by our Association. A detailed clarificatory note on the demands raised by us is furnished below for information of our members-
1. Our Demand-
Grade Pay of Rs.5400 in PB-3 to all Superintendents of Central Excise w.e.f 01.01.2006 and Time scale in PB-3 on completion of 4 years of service as Superintendent:
Clarification-
The high powered committee recommended that our duties and responsibilities are comparable with the post of DySP/CBI. The DY SP/CBI Recruitment Rules considers that the post of Superintendent of Central Excise is an analogous post to the post of Dy SP/CBI, hence not only we have demanded to award the pay scale of DY SP/CBI to us, but also we have filed one CAT case on this score to award the pay GP/pay scale granted to Dy SP/CBI to us and the said case is still pending for decision. If the GP of the post of Superintendent will be 5400 in PB-3 automatically the time scale will be granted in PB-3 only.
Parity in matter of career prospects of (Group-B) Inspector along with Examiner of Customs and other counter parts.
Clarification-
Necessary resolution on such subject has already been adopted in our AC/AEC meetings. Proper representations have been submitted and thereafter an OA has been filed in Principal Bench of CAT on such issue, which is pending for decision. This will also solve the problem of regional disparity in promotions.
5.Our demand:-
50% of Dearness allowance should be merged with basic pay .
Clarification-
In consonance with the demands of Confederations, other Associations and Federations, we had raised continuously for constitution of 7th CPC and Govt duly considering our demand have decided to constitute 7th CPC. But as all of you know it very well that the recommendations of 7th CPC will be operative w.e.f 01.01.2016, hence if 50% DA will not be merged with basic,then we can not get any benefit on or before 31.12.2015, therefore we have joined with others and raise demand on such issue.
The New Pension Scheme and PFRDA Bill should be withdrawn:
Clarification-
For the benefits of officers who have joined in Govt.service on or after 2004, we have raised such issue along with Confederations, other Associations and Federations.
Relaxation children education allowance from Income Tax:
Clarification-
Education allowance is an expenditure, hence we demand for exemption from Income Tax. This allowance is also being allowed for higher education. We have demanded for early consideration of scholarships, however it is required for exemption of the same from IT also.
Cash less health scheme to all Central Excise Employees.
Clarification-
We feel if this facilities will be granted to us then we can be benefited like employees of IT companies for treatment in big hospitals.
Removal of the unscientific ceiling in compassionate appointment:
Clarification-
We are raising such demand for removal of ceiling in compassionate appointment.We have raised such issues with the authorities and we have also made discussions on such issue with them at several times.
10. Our demand- Creation of separate service to maintain all India seniority list for Inspectors and removal of zonal disparity in promotions:
Clarification-
Chitra Gourilal Committee recommended for creation of separate service by creating Senior Superintendent post in Gr-B . Our Association had objected such recommendations as our demand is for creation of a separate service up to the grade of Additional Commissioner( and Commissioner in situ like Joint Secretary in situ of CSS services).
11. Our demand-
Introduction of in situ/ time bound promotional scheme to grant 5 promotions to all Inspectors of Central Excise in their entire service career, those have completed 8 years as Inspector and 20 years as Inspector and Supdt. Combined should be upgraded to the post of Supdt and AC respectively.
Clarification-
That the procedures of normal promotion is not applicable in flexible promotional scheme. Time Bound Promotion and in situ scheme are falling under the category of flexible promotional scheme. The stagnation issue including regional disparity can not be solved unless one flexible promotional scheme is being introduced in our cadre.
12. Our Demand-
Immediate DPC against existing vacancies in the cadre of AC:
Clarification-
It has already been explained to all our members, as to what action has been initiated by our Association on this subject issue. It is known to every one that the DPC is being delayed due to non allotment of time by UPSC, hence we have raised such issue.
13. Our demand-
Regularisation of adhoc promotions pending since 97 on revised ratio as per SC decision dated 03.08.13:
Clarification-
It is required to make regularisation of all pending adhoc promotions basing on the prevailing valid recruitment rules.
14. Our demand-
Three up gradations under MACP should be post based like ACP scheme: Clarification
This demand is being raised in conformity with the recent Apex Court decision on granting of up gradation under MACP.
15.Our demand-
Provision for proper infrastructures to all offices with a provision of sitting arrangement as per prescribed norms & issue of laptop/mobile to all Inspectors/Superintendents:
Clarification-
These demands have been raised as per resolutions adopted in our AEC meetings.
16.Our demand-
Granting of pay scale of 2000-3200 & 6500-10500 to the cadre of Inspector w.e.f 01.01.86 & 01.01.96 respectively and pay scale of 2200 -4000 & 8000-13500 to the cadre of Superintendent w.e.f 01.01.86/ 0.01.96 respectively:
Clarification-
The OA No 292/2011 & 624/2011 filed by us in CAT is still pending for decision on such issues.
17.Our demand-
CR must be conducted in every 4 years block like CSS.
Clarification-
There is a provision in CSS for CR in each and every 4 years block, hence we have demanded for implementation of such provision in our department also.
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