CBEC vide F.NoA.11019/08/2013-Ad.IV dated 18.12. 2013 has interalia created 2117 nos. of new temporary post of Asst. Commissioner. It is mentioned vide para 6 of the said circular that-" Pending notification of revised recruitment rules, wherever required
the newly created/re-designated posts will be filled up on the basis of
the extant Guidelines for Recruitment Rules, issued by the Department of
Personnel & Training". As per para 4 of the said circular these temporary posts will be filled up only on promotion from the
feeder grades specified in the India Revenue
Service (Customs & Central Excise) Recruitment Rules, 2012 .
The promotional prospects of Superintendents of Central Excise were adversely affected due to the fixation of 6.1.2 ratio in old RRs as per the verdict of Apex Court. The Apex Court pronounced such decisions in W(C) No 306/88 without any judicial determination and by virtue of such decisions one of the feeder categories namely Appraisers of Customs got undue benefits in promotions since 1988 to 2011.Though by virtue of Apex Court decisions dated 03.08.11 the ratio has been revised to 13.2.1 , however Board declined to make regularization of all adhoc promotions pending in the grade of AC since 1997 in revised ratio despite the verdict of Apex court on dated 03.08.11. By virtue of such undue benefit ,while the Appraisers of 2002 batch are promoted to the post of AC, the Superintendents of 1993 batch are still Superintendents. Mainly the temporary posts have been created for removal of stagnation in the grade of Superintendent of Central Excise as per our continuance demand , agitation and representation , hence all such temporary posts are required to be filled up from the cadre of Superintendent only and not a single post should be provided to the grade of Appraiser for promotion . If Appraisers will be allowed to be promoted against the temporary posts in 13.2.1 ratio, then while 2008 batch of Appraisers will be promoted to AC, 2001 batch Superintendents of Central Excise and 2003 batch Superintendents ,Cus(P) will be AC in course of implementation of CR(CBEC)-2013 and these definitely will have demoralizing effect on more than 90% officers at the cutting edge level (Superintendents).
Near about 100 nos. of Superintendents are going to be retired during the month of January, 2014, therefore CENGO INDIA urges the CBEC to conduct immediate DPC either in the month of December,2013 or 1st week of January, 2014 to fill up all the temporary posts of Asst. Commissioner from the grade of Superintendent.
Regulation 4 to UPSC ( EFC) Regulations interalia provides that it is
not necessary to consult the UPSC in regard to the selection for a temporary
post if the person appointed is not likely to hold the post for a period of more than one year provided such an
appointment should be reported to UPSC as soon as it is made, if the
appointment continues beyond a period of six months, a fresh estimate as to the
period for which the person appointed is likely to hold the post should be made
and reported to the UPSC , and if such estimate indicates that the person
appointed is likely to hold the post for a period of more than one year from the
date of appointment , the UPSC should immediately be consulted in regard to the
filling of the post.
GI.MHA.OM. NO 23/27/68- ESST(R)
dated 26.12.68 read with DOPT.OM NO.23/51/71- ESST(B) dated 25.09.72 interalia provides that there
is no provision for approval by UPSC for any appointment initially made without
consulting them . The objective behind reporting of adhoc appointments to UPSC
under regulation 4 is not to secure their concurrence to continuance of adhoc
appointment beyond one year but to enable the UPSC to discharge their
Constitutional responsibility to bring to the notice of Parliament. The promotional prospects of Superintendents of Central Excise were adversely affected due to the fixation of 6.1.2 ratio in old RRs as per the verdict of Apex Court. The Apex Court pronounced such decisions in W(C) No 306/88 without any judicial determination and by virtue of such decisions one of the feeder categories namely Appraisers of Customs got undue benefits in promotions since 1988 to 2011.Though by virtue of Apex Court decisions dated 03.08.11 the ratio has been revised to 13.2.1 , however Board declined to make regularization of all adhoc promotions pending in the grade of AC since 1997 in revised ratio despite the verdict of Apex court on dated 03.08.11. By virtue of such undue benefit ,while the Appraisers of 2002 batch are promoted to the post of AC, the Superintendents of 1993 batch are still Superintendents. Mainly the temporary posts have been created for removal of stagnation in the grade of Superintendent of Central Excise as per our continuance demand , agitation and representation , hence all such temporary posts are required to be filled up from the cadre of Superintendent only and not a single post should be provided to the grade of Appraiser for promotion . If Appraisers will be allowed to be promoted against the temporary posts in 13.2.1 ratio, then while 2008 batch of Appraisers will be promoted to AC, 2001 batch Superintendents of Central Excise and 2003 batch Superintendents ,Cus(P) will be AC in course of implementation of CR(CBEC)-2013 and these definitely will have demoralizing effect on more than 90% officers at the cutting edge level (Superintendents).
Near about 100 nos. of Superintendents are going to be retired during the month of January, 2014, therefore CENGO INDIA urges the CBEC to conduct immediate DPC either in the month of December,2013 or 1st week of January, 2014 to fill up all the temporary posts of Asst. Commissioner from the grade of Superintendent.
