Every one of
our Department is aware that the approval of CR proposals of CBEC is at present
in advance stage. With much difficulty our Association has pressurized the CBEC
for approval of more nos. of AC posts for removal of stagnation as existed in
our cadres. Though the total nos. of Gr-A posts to be sanctioned will not solve
our stagnation issue, however in some extent it can help most of our senior
officers to induct in Gr-A at their fag end of service career. Many of us
worked day and night and used our personal contracts for approval of CR. We
consider approval of such huge nos. of Gr-A post is an achievement of our
members. But recently through blog posts/web sides/ face book/emails etc. it
has come to our notice that some of our friends have prepared the ground works
to file OA in different CATs to stay the implementation of the CR. Basically
some of our friends are interested to file OA in CAT on the following issues:
1. Removal of regional disparity in
promotions retrospectively duly recasting the seniority list considering the
date of joining in the grade of Inspector.
2. Removal of regional disparity in
promotions prospectively.
3. Revision of the seniority list as
more nos. of officers occupied the positions in excess the sanctioned strength
because of allowing of notional promotion in accordance with court orders, regularization
of adhoc promotions, regular promotions against the vacancies arose on account of deputations etc.
4. Recasting of seniority list for
implementation of different Court decisions.
All the
above issues are related to revision of seniority only. We can not compel any
individual officer for not to file any court case, but as per our experiences,
we are sufferers because of filing of different court cases. Few examples are
furnished below to show that as to how we suffered because of filing of
different court cases.
1. Against Gr-A RRs, we filed case in
Apex Court , but the verdict came totally against us in fixing ratio 6.1.2.
2. We filed contempt for wrong
implementation of WP No 306/88, the contempt was reverted to a clarificatory petition and the decision came
against us.
3. We filed contempt against the
decision of OA No 45/2000, while the matter was pending with Ministry of
Laws. Though Ministry of Laws gave the
opinion for implementation of the decision, but before the receiving the opinion
from Ministry of Law , Board rejected for consideration of
implementation of OA No 45/2000.
4. We filed Contempt for non
implementation of ratio 13.2.1 retrospectively, but decision came against us.
5. We filed CAT cases against the implementation
of last CR. All such cases were rejected
and the CR was delayed for one year un necessarily.
There are so many examples like above, which all of us know
it very well. Thousands of our senior
officers are waiting for the
implementation of cadre restructuring and expecting for next promotion at the fag
end of the career. If the implementation of CR will be delayed because of any Court
case, then near about 3000 seniors will retire without getting further
promotions. Therefore, I ,appeal to the entire fraternity of our
Customs and Central Excise Department that if any one is interested to file any
court case , then instead of praying to
stay the future promotions, please make a prayer that promotions may be allowed subject to the out
come final decision of such
case. So that promotions will be allowed
and if court will give any decision in their favours, then automatically they
will be allowed notional promotions.
LOKANATH MISHRA.
PRESIDENT/AIACEGEO.
