ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as All India Association of Central Excise Gazetted Executive Officers)
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob.
9313885411
President:
Address for communication: Secretary
General:
M.
Loganathan Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob.8758262698 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in Mob.9717510598
Vice Presidents: B C
Khatik, V Pagare (Central) Diwakar
Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas
Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S
P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East)
Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V
Raghunandan (South); All India Convener:
A K Meena All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison
Secretary: N S Maheshwari North Zone
Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal
Vigilance Coordinator: R K Singh South
Zone Coordinator: U Sharma
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref.
No. 44/AIB/P/24
Dt. 20.06.24
REMINDER
To,
Sh.
Sanjay Kumar Agarwal,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Review of
ad-hoc appointment/promotion.
Sir,
Kindly refer to Ref.
No. 35/AIB/A/24 Dt. 02.05.24 of the Association and also Office Order No.
07/2021 of the CBIC issued vide F. No. C-50/26/2019-Ad.II Dt. 14.01.21.
2. It has been requested to review all the ad-hoc
promotions based on DOPT OM No. 28036/08/2022-Pers. Policy (D) Dt. 15.12.23 by
the PAO office. It is also brought to your kind notice that all ad-hoc
promotions made upto 18.03.20 were extended upto 31.12 21 or till the regularization
of the services of the officers concerned or till their date of retirement, whichever
is the later or until further orders. However, it was mentioned in the
order erroneously as whichever is the earliest.
3. It is also worth to submit that
the regularization has been made and Seniority List of the Asstt. Commissioners
working under the CBIC issued only upto the year 2012-13. After it, all the
officers promoted to the post of Asstt. Commissioner have been working on
ad-hoc basis despite of being promoted against the long-term vacancies, whether
the vacancy is regular or temporary. Thus, they can’t be treated as ad-hoc.
4. All vacancies/posts existing for more than six months are termed as
long-term. It is also worth to mention that the officers can’t be forced to
work on ad-hoc basis against long term vacancies. As per the DOPT guidelines,
ad-hoc posts can exist only for six months, extendable by further six months
only. The posts/vacancies extending beyond it can no way be termed as ad-hoc
and are treated as regular. Accordingly, the officers working on these posts
regularly for more than one year are also to be treated as regular. It is great
injustice to them to treat as working on ad-hoc basis beyond one year.
5. It is also mention-worthy that
the officers are being promoted to the temporary posts of Asstt. Commissioner
as per the provisions of the Recruitment Rules of IRS. The ‘Post’ defined under
these rules includes both, temporary and regular. However, the officers are
being promoted as ‘ad-hoc’ against both posts whether it is regular or
temporary. So, officers promoted against regular as well as temporary posts are
required to be treated as regular instead of ad-hoc.
6. On this issue, letter
F.No.A-29014/4/2011-AdIIB Dt. 22.02.16 was also issued by the CBIC to all Chief
commissioners and Director Generals under consultation with DOPT for treating
long term vacancies in the grade of Superintendent arising out of ad-hoc
promotions from the grade of Superintendent to the grade of Asstt. Commissioner.
It is reiterated that the promotions to the grade of Asstt. Commissioner were
affected on ad-hoc basis against the long-term vacancies. No need to say that
the ad-hoc promotions are made against the vacancies arising of deputation,
foreign service, leave etc. Here, the case is different as our officers have
been promoted on long term posts created in cadre restructuring and existing
for more than decade. Thus, all field offices were advised to fill-up long term
vacancies in accordance of the letter Dt. 22.02.16 of the CBIC. The said letter
is equally applicable to the ad-hoc promotions made to the long-term posts of
Asstt. Commissioner.
7. In view of the above, it is requested to kindly
also issue the same letter at an early date directing the field formations to
treat all ad-hoc promotions to the post of Asstt. Commissioner as regular on
account of the promotion being affected against long term posts.
Thanking
you,
Yours sincerely,
(HARPAL SINGH),
Secretary General.
