" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Thursday, 5 September 2013



ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                                Address for communication:                                    Secretary General:
Lokanath Mishra                              240, Razapur, Ghaziabad-201001 (U.P.)                                           Ravi Malik
Mob. 09437314941                             mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411)             Treasurer: N.R.Manda (Mob. 09871483585)
(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. 254/AC/13                                                                                       Dt. 06.09.13

Associate Committee Meeting

            The Associate Committee Meeting of the Association will be held at Committee Room, C. R. Building, New Delhi on 21.09.13 (Saturday). It will start at 01 p.m. All the concerned are requested to kindly make it convenient to attend the meeting.
           
The agenda of the meeting will be as below-
1.      Cadre restructuring.
2.      Scheme granting parity with common entry counterparts to enter our officers into PB4.
3.      Subscription, Funds & DDO certificates.
4.      Any other point/s with the permission of Chair.

The delegates are also requested to make their own arrangement of boarding and lodging. They are further requested to send their confirmation well in advance to attend the meeting to Sh. C. S. Sharma, the Office Secretary of the Association, so that the required sitting and lunch packets may be arranged.



(RAVI MALIK),
Secretary General.


( TO ALL MEMBERS OF AIACEGEO)


 Dear Comrades,

At the out set I wish all of you and your family members a happy Ganesh  Chatruthi  .May lord Ganesha may bring happiness to all of us. Recently  some of our friends through mails  have raised the  following issues:
1.     Immediate conducting of  an AEC meeting.
2.        Regional disparity in promotions.
3.        Implementation of Supreme Court’s order and revision of ratio.
4.        Scraping of the proposal in CR to create temporary posts.
5.     The inordinate delay  of  CR.
6.        Implementation of the CR at one go.
7.        More posts in Group ‘A’ entry level as the Data Base for the same is now irrelevant at present due to substantial growth in Excise and Service Tax side.

Before parting with all the above issues point wise , I would like to inform you that  CBEC framed the Gr-A Recruitment Rules in 1987  as per direction of Apex Court in A.K. Chatterjee case and  provided for promotion to Gr-A on the basis of  common seniority list  to be prepared amongst all three feeder categories. Had  the  common seniority list in feeder categories at first stage implemented then automatically the  common seniority list in sub feeder categories at subsequent  stage would have been implemented . But immediately after framing of such RR we formed our Association and along with Inspectors Federation filed a petition in SC against such RR jointly and due to our ill luck the verdict was totally against us. All you know that as per such verdict the ratio 6.1.2 was fixed for promotion and a direction was issued by Apex Court for preparation of common seniority list amongst all Superintendents on all India basis for promotion in 6.1.2 ratio in a 9 points roaster.
 Now I  would like  to discuss on the above issues point wise.
1.     As regards point no.1--- In Patna AEC meeting held during May 2013 , I never pronounced any verdict to conduct  the  AEC meeting immediately. The resolution committee handed over a note stating that the issue of regional disparity in promotion will be discussed in next AEC meeting. The committee has not specifically recommended  as to whether the meeting would be held  early or otherwise.

2.     As regards point no. 2-- .  Every one is for removal of regional disparity in promotion as existed in our cadre  and  according to me in real sense no one is against on such issue.. But ,the  Apex Court's decision in case of All India Federation of Central Excise v.U.O.I (W.P.Civil No 306/88) vide para-7 of the said decision it is interalia held that Superintendent of Central Excise are to be placed in their respective seniority( consideration) list  on the basis of their continuous length of service in the cadre of Supdt. . In view of the directions of Apex Court in Radhey Shyam v.U.O.I, DOPT has directed that a requisition  in the prescribed form is to be placed on the SSC by the appointing authority for selection of candidates on direct recruitment basis. The selected candidates will be appointed by the appointing authority under his jurisdiction only. For all service matters including vigilance and seniority etc. the appointing authority is the deciding authority as per different guidelines. The name of the selected candidates will be taken place as per  merit  in the seniority list maintained by such appointing authority. Therefore on inter Commissionrate
transfer one is  loosing his seniority as he is being transferred to the jurisdiction of another appointing authority.
 The Full Bench of Supreme Court in R.D.Gupta v. U.O.I- 19909(1) ATJ 212 had clarified that if an employee
is promoted after DPC has found him fit for promotions that period should be count for seniority. The clarification
given by Gupta case is clearly consistent with law laid down by the Apex Court in 1990(2) ATJ35-JT(2) SC 264 between
Direct recruit vrs.State of Maharashtra. It has been laid down that where an incumbent is appointed to a
post according to the Recruitment Rules his seniority hs to be counted from the date of his appointment.
Very interestingly para-5 of the sad decision provides that 'if the initial appointment is not made by rules but the appointee continues in the post  uninterruptedly , the period of officiating service will be counted for his seniority. . The promotions to the post of Supdt. are being allowed zonal basis on the basis of Supdt. CE RR of  1986, accordingly the seniority list is being prepared on the basis of W.P.CIVIL NO 306/88. This RR was challenged in high Court of Hyderabad to convert the seniority list from zonal to all India  but high court rejected the appeal and accepted the RR as valid one. The decision of high court was challenged in Apex Court but  Apex Court accepted the decision of High Court and again directed to determine the seniority as per decision of  W.P.CIVILNO 306/88.
                            Some of our friends have stated that  the  regional disparity can be removed  retrospectively  on the basis of following points:
(a)- As per the minutes of Board during 1996 for merger of cadres, (b) the directions of Apex Court in Radhey Shyam v.U.O.I, (c) promotion on the basis of qualifying years of service (c) relaxation of  RR to allow seniority from the  date of joining in the cadre of Inspector.
          In this connection I would like to clarify that (a) the Board minutes was for merger of Inspectors/ PO/ Examiner, therefore our Association as per resolution demanded for base cadre parity and filed a case also in CAT on such issue. (b) the directions of Apex Court in Radhey Shyam v.U.O.I, was for preparation of merit list in examination. This case is no way related for fixation of seniority retrospectively.  The appointing authority for Inspector is Commissioner of  CEX. SSC vide article 2(iv) has considered each and every  CCA is an independent unit, there fore SSC is  accepting requisition directly from CCA and sending the list of selected candidates directly to CCA. The RR is also provides that  each and every CCA is an independent unit. Therefore Court has decided in many cases that parity under article 14 & 16 is to be maintained within CCA and not out side CCA. (c)  Seniority list has been determined as per DOPT guidelines, the consideration for promotion  for juniors if completed the qualifying years of service early than  seniors can be considered provided the seniors and juniors are belong to same seniority list and seniors can be considered for promotion at par with juniors if seniors has completed the probation period. (c) relaxation is possible provided the same has not violated the provisions of article 14 &16 of Constitution. But in this case those have promoted early as  Superintendent as per valid RR, can not be made  juniors to those who got promotion subsequently. The right to equality guaranteed under Article 14,  the position is well settled that the said right ensures equality amongst equals and its aim is to protect persons similarly placed against discriminatory treatment. It means that all persons  similarly circumstanced shall be treated alike both in privileges conferred and liabilities imposed.  Conversely discrimination may result if persons dissimilarly situate are treated equally. Even amongst persons similarly situate differential treatment would be permissible between one class and the other. In that event it is necessary that the differential treatment should be founded on an intelligible  differentia which distinguishes persons or things that are grouped together from others left out of the group  and that differentia must have a rational relation to the object sought to be achieved by the statute in  question.”
Now a question may raise in the present circumstances, as to how such regional disparity in promotion can be removed.-- Yes it can be removed.-- 1st it can be removed prospectively  as per  Bhardwaj Committee report in the grade of Inspector prospectively , 2nd ly as DOPT is willing to tackle the stagnation issue separately independent to CR ,  the in situ scheme or time bound promotion scheme can be introduced in our cadre to award promotion to AC considering the date of joining in the grade  of Inspector. Board has assured to consider the same immediate after approval of CR. 3rdly if the issue relating to base cadre parity will be decided in our favour, then automatically the regional disparity will be removed. What is base cadre parity? This issue is very simple, we are stating that if 92 batch Examiner is AC, then the posts of AC should be created in such a way that all the Inspectors of 92 batch  should be promoted to the post of AC.
3.     As regards point no. 3 (Implementation of Supreme Court’s order and revision of ratio)- The Apex Court  in 306/88 decided for fixation of ratio and fixation of seniority both . But against fixation of ratio  only case was filed.   The Apex Court decided the case on 03.08.11 and on the basis of the same the  new RR was framed but Board declined to make regularisation of adhoc promotions pending since 97. At that time I opined for filing of  a CAT case against such decision of Board, but some one of us preferred to file contempt, the contempt petition was disposed off,  accepting the Board action is correct. Again petition was filed , but SC directed to submit representation to Board . If any one will be aggrieved on the decision of Board to be taken on the basis of representation , then he can approach CAT. As our AIB has already filed a case in CAT for base cadre parity and to make consistency  on the issue,  filed the representation to Board  in conformity with such OA.
4.       As regards point no.4 ( Scraping of the proposal in CR to create temporary posts).- As you know in course of   CR , there is restriction  that more than 33.3% of Gr-A posts can not be created in an organised Service. This time it is relaxed to include LR posts.  Considering the instruction the then FM and MOS(DOPT) jointly decided to create around 2500 nos. Of Gr-A posts. But due to our pressure, this was increased by present FM. Still then DOPT objected the same. Therefore it was decided to create temporary posts to allow hundred percent promotions  against  such temporary posts without any provision of direct recruitment duly relaxing the RR. This is blessing in disguise. The entire temporary posts will be filled up by promotions during five years. After five years this will be again extended , because the persons who  will occupy such post during 4th year, will be continued further. On completion of 5 years  also requirement on functional justification and stagnation issue  both will be existed, therefore there will not be any justification for abolition of the same.
5.      As regards  the point no. 5 (The inordinate delay  of  CR)- Yes the present CR is being delayed. The CR was due during 2005, and when Board wanted to start the initiative , we demanded for separate service instead of CR. Accordingly Chittragourilal committee was constituted, and committee recommended for creation of senior supdt. Post in a separate service, we objected and  demanded for CR . In 2008, the  CR  process was started , when 2010, this was about to be finalised , certain other Associations asked the report and delayed the same. Thereafter austerity measure was imposed. Hence due to the said reasons it is being delayed.
6.       As regards  point no. 6 above( Implementation of the CR at one go).—yes this is a very good suggestion, AIB  has already demanded  for implementation of CR at one stage .
7.       As regards point no. 7 above(  More posts in Group ‘A’ entry level as the Data Base for the same is now irrelevant at present due to substantial growth in Excise and Service Tax side)—  On this ground alone FM recommended for increase of Gr-A posts. FM has already examined such issue.  We are admitting that the CR is being delayed. At the same time is it justified to make it delayed further after clearance from COS?

Friends,
 We are gazetted officers, we know service laws very well, hence it is my sincere appeal  please do not involve  in any such activities which will go against our cadre and for that reasons , the future generations will blame us.
Thanks & regards.
LOKANATH MISHRA
PRESIDENT.







Dear friends,
Good evening.A list of 3430 Superintendents of Central Excise has been issued by HRD vide F. No. 8 / B / 152 /HRD (HRM) /2013 (Part II) dispatched to all Cadre Controlling Chief Commissioners vide No. 2652 to 2667 Dt. 03.09.13 meant for keeping ready the ACR’s, vigilance clearance, integrity certificate etc. for the DPC in r/o the early implementation of cadre restructuring. The last name in the list is of Sh. Jugal Narayan Chakraborty of Kolkata. The list is also available on the site of DG, HRD of the CBEC. Some names are missing in the list which will be included soon by issuance of additional list. Such officers need not be panic. All the units, office bearers and the members of the Cadre Restructuring Implementation Committee of Association are requested to pursue the matter with the respective CCA’s. The members of the Cadre Restructuring Implementation Committee are very specifically requested to coordinate & monitor the issue with the respective units & CCA’s of their zone. First three members of the committee alongwith the President & SG will coordinate & monitor the things with the central authorities.( please go to DGHRD web site and open HRM wing and thereafter go to download to see the letter)
Love,
Ravi Malik.
SG/AIACEGEO


Dear friends,
Namaste.
The Associate Committee Meeting of AIACEGEO will be held at Delhi on 21.09.13 (Saturday) at 1 p.m. All the concerned's may kindly make it convenient to attend the meeting. The agenda, venue etc. will be rushed very soon.
Love,

RAVI MALIK - SG AIACEGEO

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Subject: List of deficiencies found in ACR dossiers of gp B officers for ad hoc promotions
Dear friends,
Namaste.
The deficiencies in r/o ACR's of the officers meant for the DPC for promotion to the existing vacancies of AC are placed below. It includes Superintendents of Central Excise and Customs as well as Appraisers. All the concerned units/officers are requested to expedite the matter by pursuing with concerned CCA/section. The concerned Customs CCA/sections may also kindly be contacted by the units in vicinity of Customs formations.
Sh. Neeraj Garg may kindly be contacted on Mobile No. 09818280777 in case of any query/clarification.
Love,
Ravi Malik.
SG/AIACEGEO
SUPERINTENDENT OF CENTRAL EXCISE


NameDate of BirthCC ZONE2005-06
404. V.K.TREHAN
15.09.1957CHANDIGAR
258-AK. RAM REDDY30.12.1953HYDERABADNA
1205B.VINOD RAO (SC)16.07.1957HYDERABAD
1215G. P. MEENA (ST)01.04.1957INDORE
14ADITYA NARAIN SINGH01.12.1955LUCKNOWUNATTESTED PHOTOCOPY OF ACR AVAILABLE - ATTESTED COPY REQUIRED
534U. C. SHUKLA24.06.1953MEERUTNA
1275G. C. RAM (SC)12.07.1955MEERUT
333A. Y. GOKHALE30.10.1963NAGPUR
501DAMODARAN S.07.04.1954RANCHI
585SUDIP DEV15.05.1954SHILLONGNOT REVIEWED
589TAPAN KUMAR SARKAR (SC)19.04.1956SHILLONG
896P. S.DAS (SC)24.02.1957SHILLONG
897ASWINI KR. DAS (SC)01.03.1959SHILLONG
890JAMBU LAMA (ST)12.04.1955SHILLONG
891N. G. BARMAN (ST)27.12.1954SHILLONG
893RAJOO SONOWAL (ST)01.04.1956SHILLONG
3993J.K. TAMBE08.04.1953VADODARA
642MEHTA I.V.02.08.1953VADODARA
651H.D. GOVINDBHAI14.07.1953VADODARA
1256HARKESH GOPILAL MEENA (ST)08.07.1956VADODARA





 
  





NameDate of BirthCC ZONE2005-062006-072007-082008-092009-102010-112011-12


15.09.1957CHANDIGARNOT REVIEWED

258-AK. RAM REDDY30.12.1953HYDERABADNANANANANA

1205B.VINOD RAO (SC)16.07.1957HYDERABADNA

1215G. P. MEENA (ST)01.04.1957INDORENA

14ADITYA NARAIN SINGH01.12.1955LUCKNOWUNATTESTED PHOTOCOPY OF ACR AVAILABLE - ATTESTED COPY REQUIRED

534U. C. SHUKLA24.06.1953MEERUTNANANANANANANA

1275G. C. RAM (SC)12.07.1955MEERUTNA

333A. Y. GOKHALE30.10.1963NAGPURNOT REVIEWED

501DAMODARAN S.07.04.1954RANCHI

585SUDIP DEV15.05.1954SHILLONGNOT REVIEWEDNOT REVIEWED

589TAPAN KUMAR SARKAR (SC)19.04.1956SHILLONG
NA

896P. S.DAS (SC)24.02.1957SHILLONG
NA

897ASWINI KR. DAS (SC)01.03.1959SHILLONG
NANA

890JAMBU LAMA (ST)12.04.1955SHILLONG
NA

891N. G. BARMAN (ST)27.12.1954SHILLONG
NA

893RAJOO SONOWAL (ST)01.04.1956SHILLONG




NA

3993J.K. TAMBE08.04.1953VADODARA




NOT REVIEWED

642MEHTA I.V.02.08.1953VADODARA



NOT REVIEWED

651H.D. GOVINDBHAI14.07.1953VADODARA

1256HARKESH GOPILAL MEENA (ST)08.07.1956VADODARA






NA
























List of Superintends Customs (Preventive) to be considered for promotion to the grade of Assistant Commissioner. (General Category)
SI.No.Seniority No.NameDate of BirthPresent
posting.
2011-12
141N. SHAIKH26.10.1954MUMBAINA
243R. S. SINGH25.12.1954MUMBAINA




































5























List of Customs Appraisers to be considered for promotion to the grade of Assistant Commissioner.ACR Avalibility Status
SI.No.Seniority No.NameDate of BirthPresent
posting.
2002-032003-042004-052005-062006-072007-082008-092009-102010-112011-12
1234514151617181920212223
1Amit Choudhary15.09.1974ChennaiNA
21571Pankaj Kumar Singh (SC)01.06.1969CHENNAINA
3195M NaushadChennaiNA
4251R. Sundar (SC)12.04.1970ChennaiReporting /Reviewing officers Name & Designation not mentioned
5253N. Mohan (ST)05.08.1970ChennaiReporting /Reviewing officers Name & Designation not mentioned
6114Sukhbhir Singh Ahuja29.11.1966Chennai / DelhiNOT REVIEWED
7127Ravi Prakash18.04.1967Chennai / DelhiReporting /Reviewing officers Name & Designation not mentioned
8188Viabhav Bhatnagar25.08.1968Chennai / DelhiReporting /Reviewing officers Name & Designation not mentioned
9191Kirti Gupta26.06.1966Chennai / DelhiNANANA
10Anupam Barua20.06.1958KOLKATANA
11167Amrendra Kumar Jha24.07.1967KolkataNANANA
12169Sovan Kumar Mondal (SC)28.04.1970KolkataNOT REVIEWED
13318Satyapal Balmiki (SC)07.07.1969KolkataNANAUNATTESTED PHOTOCOPY AVALIABLEUNATTESTED PHOTOCOPY AVALIABLE
14319Suranjan Kumar Biswas (SC)01.04.1967KolkataNANANA
1542Anand Kumar (SC)19.08.1961MumbaiNOT REVIEWEDNOT REVIEWED
1666Amita Bose Smt.23.12.1954MumbaiNOT REVIEWEDNOT REVIEWED
1781S. M. Pawar (SC)05.03.1965MumbaiNOT REVIEWEDNOT REVIEWED
18109V. I. Singh14.09.1964MumbaiNOT REVIEWED
19113S. K. Sinha01.01.1965MumbaiACR FOR PAST PERIOD RECEIVED, NRCs FROM 2002-03 TO 2011-12 REQUIRED
20136K. B. Singh (SC)03.04.1966MumbaiNOT REVIEWEDNOT REVIEWEDNOT REVIEWED
21173M. S. Dhurat (Smt.)01.05.1966MumbaiNOT REVIEWED
22176Meghna Mughe (Smt.)02.11.1969MumbaiUnattested Photocopy available
23177Milton Fernando09.07.1967MumbaiNOT REVIEWEDNOT REVIEWED
24183P. R. Nair16.04.1954MumbaiACR FOR PAST PERIOD RECEIVED, NRCs FROM 2002-03 TO 2011-12 REQUIRED
25257R. V. Pednekar (SC)23.08.1956MumbaiACR FOR PAST PERIOD RECEIVED, NRCs FROM 2005-06 TO 2011-12 REQUIRED
26262M. S. Thakur (ST)08.08.1964MumbaiNOT REVIEWED
27263Subash Wig (SC)27.05.1957MumbaiNOT REVIEWEDNOT REVIEWED
28264C. K. Balan (SC)15.10.1957MumbaiNOT REVIEWED
29351Om Prakash (SC)09.08.1957MumbaiNOT REVIEWED
30385J. C. Rathi (ST)05.08.1955MumbaiNOT REVIEWED
31386Tara Prakash (ST)10.03.1968MumbaiNOT REVIEWED
32387P. Y. Dharmik (ST)17.08.1964MumbaiNOT REVIEWED
33389S. K. R. Reddy (ST)14.02.1966MumbaiNANAACR Available / NRC Available
34402Manoj Lakra (ST)28.02.1972MumbaiNANAACR Available / NRC Available