The
much awaited notification on cadre restructuring has been issued by CBEC vide
F. No. 11019/08/2013-Ad.IV dated 18.12.2013. On perusal of such notification
goes to show that
1.
2118 temporary Assistant Commissioner posts have
been created for 5 years, and these posts will be filled up on promotion from
the feeder grades specified in the relevant Recruitment Rules and the
promotions against these vacancies shall not entail further promotion to any
level beyond Junior Time Scale (JTS).
2.
The new vacancies arising due to additional
regular posts approved for creation in the in the JTS of 300 nos. as well as
chain vacancies in JTS arising due to promotions against additional posts
created at higher grade (689 nos. of posts total 989 nos.) will be filled up in
accordance with the provisions of IRS (C & CE) RRs 2012 and the extant
instructions of DOPT.
3.
Pending notification of revised RRs, wherever
required, the newly created posts will be filled up on the basis of the extant
guidelines for RRs issued by DOPT. Concurrence of DOPT would be obtained for the relaxation, wherever required.
As
regards point No. 1 above, Ministry of Finance OM No. A-11019/6/76-EGI dated
24.3.1976 inter alia provides that Administrative Departments may, if they are
satisfied that the temporary posts are required for work of a permanent nature,
convert with the approval of the respective internal FA, 90% of such posts in
to permanent ones, provided they have been in existence for a continuous period
of not less than 3 years. Ministry of Finance No. F.1 (a) E.II(A) 74 GID, below
schedule III, DFP Rules, 1978 provides that an authority competent to create a
post shall be competent to continue the temporary posts beyond the specified
period. However the stipulation that the provision against the temporary
vacancies shall not entail further promotions to any level beyond JTS is
clearly a violation of CAT, Chennai Bench order to the effect that on
completion of 4 years in JTS one is entitled to get promotion to STS
automatically ( CBEC has accepted and implemented the said CAT order). Further
promotions against these temporary posts are required to be allowed to stagnated feeder categories
only. Particularly Appraisers should not be allowed any promotions against such
temporary posts.
As regards point 2 above, the CR of CBEC was approved by
cabinet during 2002 and it is inter alia clearly mentioned in the cabinet note that “it is alignment with
the policy of Govt. which lays down the objective of cadre review as the
achievement of congruence between functional needs of the department and
legitimate aspirations of the staff. Accordingly, cabinet approved the CR
during 2002 for filling up of vacancies of all newly created posts by promotion
and not through recruitment from open market. Therefore now it is required to
allow 100% promotions in the ensuing CR to all feeder categories in the JTS as
well as chain vacancies in JTS arising due to promotions against additional
posts created at higher levels.
As regards point No. 3 above, since the ratio for promotions
as per RRs is required to be revised on the basis of cadre strength of feeder
categories, therefore the IRS (C &
CE) Recruitment Rules 2012 is required to be amended immediately.
