2. It is to submit with due regards that now the CBEC has taken decision vide above referred letter to strictly follow the DOPT OM Dt. 04.03.14 in Parmar case as advised by the DOPT in r/o the P. Bharatan case. Further, it is to submit that the above DOPT OM is to be effective from 27.11.12 as per para 5(h) of the OM. It means that the seniority for the period prior to 27.11.12 is not to be re-casted.
3. Further, it is sure that the officers positioned on 27.11.12 or afterwards would not be affected, if the DPC for the post of Asstt. Commissioner is conducted. Moreover, the all India seniority list of Central Excise Superintendents is yet to be prepared/finalised for the post-2006 period. Even if finalized, it is under process only for the period upto 2011. So, it is clear that we have to convene the DPC only based on the existing seniority list without any change in r/o the Parmar case. So, there seems no difficulty now to conduct immediate DPC.
4. As your goodself is already aware, the contempt proceedings in the Bharartan case have also already been stayed by the Hon’ble Supreme Court. It is also worth to submit that our officers are retiring regularly without promotion for the want of DPC despite of a good number of posts being in hand.
5. As far as the Dhindhsa case is concerned, it relates to seniority of the Customs officials. DPC for the Central Excise officials may be conducted keeping Customs DPC on hold till their seniority issue is resolved. No need to submit that we already have precedents of conducting DPCs for Central Excise in case of pending dispute relating to Customs.
6. The promotions have not been affected against the promotional quota in respect of regular/permanent posts in the last DPC for the post of Asstt. Commissioner. The officers promoted against temporary posts have also not been moved upwards against regular posts which is required to be done immediately. This will increase the number of promotional posts at temporary level.
7. The temporary posts of Asstt. Commissioner will lapse in the month of December, 2018. So, posts upto December, 2018 at least are required to be taken into consideration for promotion. Moreover, there seems no difficulty in having the DPC taking into consideration the vacancies for the whole year of 2018-19 to form advance panel as we are already following the procedure of regular promotions for the DPC for ad hoc promotions to the post of Asstt. Commissioner.
8. The provisions under GFR 254 of 2005 say that the vacant posts on account of the want of the eligible officers at higher levels can be operated at lower level. Accordingly, the vacant posts at higher levels may also be operated at JTS level.