ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena,
Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K.
Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay
Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C. S. SharmaT reasuer: N. R. Manda Organising
Secretary: Soumen
Bhattachariya
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 262/AIB/G/18
Dt. 05.10.18
REMINDER
To,
Sh.
S. Ramesh,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Implementation of the Subramanium case.
Sir,
Kindly refer to the Ref. No. 113/AIB/G/17 Dt. 28.09.17, 120/AIB/G/17 Dt.
11.10.17, 121/AIB/G/17 Dt. 11.10.17, Ref. No. 171/AIB/G/17 Dt. 13.12.17,
100/AIB/G/17 Dt. 05.04.18, 229/AIB/A/18 Dt. 24.08.18 etc. of the Association.
2.
With due regards, it is again to submit that not only the SLP(C) No.
029382/2011 filed by the CBIC in the Subramanium case was dismissed on 10.10.17
but the review petition in it has also been dismissed on 23.08.18 in the
Hon’ble Supreme Court. Thus, now there remains no other option except to
implement it giving the due benefit to all equally placed officers. The issue
involved in this case is the grant of the time scale on completion of 4 years
of service after getting ACP/MACP upgradation (if not promoted to the post of
Superintendent) to our officers after joining as Inspector, whether direct
recruit or promotee.
3.
Your kind attention is also invited to the counter-reply of the CBIC in the OA
No. 1944/2016 filed by the Association for the general implementation of the
Subramanium issue to give its benefit to all equally placed officers. In the
said counter-reply, the CBIC has mentioned that the reason of not implementing the
issue for all equally placed officers is the pendency of the case in the Apex
Court. No need to submit that it would be the contempt of the Hon’ble CAT as
per the counter-reply of the CBIC, if the Subramanium verdict is not
implemented in rem giving its benefit to all equally placed officers now. No
need also to say that the verdict given by the Hon’ble Apex Court is always to
be treated as the law of the land.
4. By the finalization of the issue at
the level of the Apex Court, it has also now been established that the ACP/MACP
upgradation and time scale are altogether different from each other and can no
way be off-set with each other. So, the grant of the time scale can never be
treated as one MACP upgradation.
5. Your kind attention is also invited
to the verdict given by the Hon’ble Apex Court in SLP No. 77457/2017 against
the order Dt. 23.03.17 given by the Hon’ble High Court of Delhi in WP No. 2634/2017
in which the Apex Court said, “Once the question, in principle, has been
settled, it is only appropriate on the part of the Government of India to issue
a circular so that it will save the time of the court and the Administrative
Departments apart from avoiding unnecessary and avoidable expenditure.” The Hon’ble
Court further directed the Government of India to immediately look into the
matter and issue appropriate orders so that people need not unnecessarily
travel either to the Tribunal or the High Court or the Supreme Court.
6. Further, your kind attention is
invited to the order Dt. 27.09.18 of the Hon’ble High Court of Delhi in W.P.(C)
11277/2016 taking serious note against the CBIC letter Dt. 05.09.07. This
letter says, “in cases where the Court orders are adverse to the interest of
the department/Government, such orders should not be implemented without
clearance of the Board”. The Hon’ble High Court took strong exception to this
letter and was prima facie of the opinion that this letter invites contempt of
Court. However, at the request of the ASG, the Hon’ble Court refrained from
passing further orders and offered an opportunity to the CBIC to withdraw the
letter. Thus, it is very clear that any government department is never above
the Hon’ble Court.
7. Your kind attention is also invited
to the letter F. No. A-23011/07/2015-Ad.IIA Dt. 25.09.18 of the CBIC saying to implement
the court order only in r/o the petitioners. No need to submit that this letter
is against the verdict given by the Apex Court as mentioned in para 6 above.
Not to implement the Subramanium verdict after being finalized by the Apex
Court is also contemptuous to the Hon’ble Principal Bench of CAT with regard to
para 3 above.
8. In view of the above, it is again
requested to kindly implement the Subramanium verdict in general for all
equally placed officers at an early date and also not to offset the grant of
time scale with the MACP upgradation.
Thanking
you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
