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, M. Jegannathan (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. Sharma Treasuer: 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. 39/AIB/G/19
Dt. 15.02.19
To,
Sh.
Amarjit Singh,
Director
(Ad.IV), CBIC,
New
Delhi.
Sub: Decision
of the meeting to discuss the issue relating to 02 Associations claiming their
legal right for All India Association of Central Excise Gazetted Executive
Officers- reg.
Sir,
Kindly refer to your letter
F.No.12017/07/2017-Ad.IV-A Dt. 12.02.19 on the above subject seen on the social
media.
2.
It is to submit with due regards that it is true
that there can’t be two associations in the identical names as being repeatedly
submitted by this Association. However, the basic question in the dispute was
which Convention (Gandhidham or Chennai) is valid to decide the legality of the
Association. This basic question still remains unresolved, your letter being
silent on it.
3.
As far as this Association is concerned, it is already duly recognized and
there exists no provision of further renewal under RSA Rules. Despite of it,
the renewal was applied long back and is still pending with your section.
4.
As for as the question of the promotee ACs and other promotee group ‘A’
officers to be the members of the Association is concerned, it was not the
individual will of the undersigned as Ravi Malik but it was the decision of the
House to include them as members of the Association after following the due
process to which the associates of Sh. Manimohan were also part and parcel. As
far as the CCA(RSA) Rules are concerned, these noway disqualify the promotee
ACs to be the members of the Association. These rules say that the Association
may be formed by the officers falling under “distinct category”. In our case,
distinct category is “gaazetted executive officer” which is very well covered
under the rules.
5.
It seems under doubt whether any communication about the advice to settle the
issue amicably and seek recognition for one Association within one month was
received by this Association. However, it is reiterated that this is the
original association already duly recognized in its existing name. It is also a
matter of pleasure that the Secretary Generalship of the undersigned has not
been questioned, only the membership of the promotee ACs has been questioned. The
due submissions regarding the membership of promotee ACs including other
promotee Group ‘A’ officers have already been made to your goodself. However,
the following submissions among others are reiterated-
i)
The Association representing direct
recruit Appraising Officers (Group B) includes all officers from Appraisers to
promotee Addl. Commissioners/Commissioners in our own CBIC.
ii) Income Tax
Gazetted Officers Association in CBDT includes ITOs & promotee Group ‘A’ officers
of Income Tax in our own Department of Revenue.
iii)
The amended Constitution of the Association was submitted to the administration
on 08.09.15 itself to include promotee Group ‘A’ officers as member and nothing
adverse has been received till date.
iv)
Even otherwise, the ad-hoc officers
are always the members only of the Association belonging to the cadre from
which the ad-hoc officers have been promoted. So, needless to submit that the
ad-hoc ACs are duly entitled to be the members and office bearers of the said
Association. The clarification given by the Government of India vide letter No.
13/03/2014-SR Dt. 27.05.15 of the Government of India, Ministry of
Communications & IT, Department of Posts is again enclosed herewith to
clarifying the issue.
v)
As on date, all the Assistant Commissioners including the undersigned, who are
the members of the Association, are working on the post of Asstt. Commissioner
merely on ad-hoc basis.
vi) It is also very clearly mentioned in
the promotion orders of the promotee ACs including the undersigned that the
promotions are made purely on ad-hoc basis and does not confer any right on the
officers so promoted for any claim for continued officiating or regular promotion
in the grade of Asstt. Commissioner and the period of such service shall not
count for seniority or as qualifying service for further promotions. Government
reserves the right to terminate the ad-hoc appointment and revert the officer
to the post from which he/she was promoted. This very clearly depicts that all
ad-hoc Asstt. Commissioners including the undersigned belong to the post for
Association purpose from which they have been promoted.
vii)
It is also very important to mention
that the CBIC has already given an affidavit Dt. 09.04.18 in the Apex Court in
the SLP No. 4870-4871/2018 saying under para 21 that the Association has
pleaded that the department may be permitted to order ad-hoc promotions and the
department has already filed an interlocutory application praying for holding
the DPCs for ad-hoc promotions from Group B to Group A treating this
Association as already recognized and legal one.
viii)
The undersigned was also called for the meeting held on 09.02.18 for the
transfer/placement for Group ‘A’ officers vide the letter dated 31.01.18 (enclosed
herewith) treating the promotee Group ‘A’ officers including the Asstt.
Commissioners as the members of the Association.
6.
In view of the above, the final view on the issue may kindly be taken only
after deciding which was the valid Convention, Gandhidham or Chennai. It is
also requested that all earlier submissions made by the Association may also
kindly be taken into due consideration alongwith the above submissions.
Thanking You,
Yours sincerely,
Encls: As above.
(RAVI
MALIK),
Secretary General.
Copy with the request for necessary action
to:
1) The Chairman, CBIC, North Block, New
Delhi.
2) The Member (Admn), CBIC, North Block,
New Delhi.
3) The Principal Commissioner
(Coordination), CBIC, North Block, New Delhi.
4) The Joint Secretary (Admn), CBIC, North
Block, New Delhi.
