Dear Comrades,
After issue of notification on 18.12.2013 for implementation
CR by CBEC many members have congratulated us stating that increase of 3107
nos. of Gr-A post during the ensuing CR is an achievement of AIACEGEO simultaneously
many members have sent SMS and mails stating that “the giving of 2118 posts of Assistant
Commissioners for a limited period without any benefit to the Cadre as a whole
is like giving them (2118 persons) wings as given by nature to ants for their
enjoyment of last flight before death" & “CR- what we got- Babaji ka
thullu” ( as said in comedy nights wd
Kapil) etc etc. Mainly many members have objected to para 4 of
FNO. A.11019/08/2013-AdIV dated 18.12.2013 which provides that 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)”.
In this connection,
we have already clarified that once a post is created whether temporary or permanent,
it is not possible to abolish the same without conducting CR. 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. Hence these
temporary posts can be converted to either permanent after 3 years or continue
for a further period after 5 years. According to me it is better if these will
continue temporary further, because there
is no provision of direct recruitment
for temporary posts. As regards , the stipulation that the provision against
the temporary vacancies shall not entail further promotions to any level beyond
JTS, we have already clarified that the
same 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). No
executive order can be issued contradictory
to any judicial decision , hence these stipulation will be overlooked and further promotions to STS posts will be allowed to the
persons who will hold such temporary JTS posts if otherwise eligible for promotion.
Now a question may arise as to why these temporary posts
have been created?. In this connection, I
would like to clarify that CBEC has initially recommended for creation of more
than 4000 Gr-A posts and Department of
Expenditure has also accepted the same but DOPT has mainly objected the CR of CBEC on
the grounds that (i) more than 33.3% Gr-A posts can not be created in course of CR and (ii) as per the decision
of Apex Court 50% newly created posts must be provided to direct recruitees. The
DOPT has also raised such objection against the CR of CBDT also. As regards the CR of CBDT , it has been approved for 1489 nos. of Gr-A posts( 33.3% of 4192 of
existing posts plus LR posts) . There is a provision of implementation of CR of
CBDT in phase manner during five years and each and every year promotions will
be allowed for 150 posts and also direct recruitment will be made for 150
posts. As per this restriction only 586
nos. Gr-A post were created for CBEC during the last CR of CBEC. Though there
is no provision of direct recruitment in last CR but this time DOPT has
compelled CBEC & CBDT to make a provision for direct recruitment.
Considering both the issues DOPT suggested for creation of 989 Gr-A posts for CBEC( 33.3% of
2485 of existing posts plus 10 % of 1550) during the present CR.
Friends , against the approval of CR of CBDT, both
Associations of Income Tax Department , ITGOA & ITEF have started agitations and tried to influence
FM through MPs but they could not add a single post with the approved posts. Like ITGOA, the All
India Audit & Accounts Officers Association is also a very strong
Association, but in their department the sanctioned strength of S AOs is near about 5000 nos and sanctioned strength
of JTS posts is 900 and only 33.3% of JTS posts are reserved for promotion and
there is also a age restriction of 53 years.
However, through your co operation , we started agitation for approval
of more nos. of Gr-A posts and tried to
influence the FM and Chairperson etc.
Due to our sincere efforts a
formula was created by Expenditure for creation of temporary posts and finally
it has been approved. The use of words
that “ the posts are for 5 years and no further promotion etc. etc “ are only procedurals and I assured you that these temporary posts will not be abolished after 5 years and
all persons who are to be promoted to
such temporary posts will also be
promoted further if eligible.
Friends we know our
stagnation issue including the issues of
regional disparity and intra cadre disparity can not be removed unless a
flexible promotional scheme is being introduced in our cadre. Our Secretary
General has already informed that “The
issue of stagnation in the cadre of Superintendent was discussed in the meeting
of the group of ministers (GOM) on 17.12.2013 independent of cadre
restructuring. It was referred to the GOM by the Administrative Reforms
Commission on the basis of representations submitted by AIACEGEO for creation
of a separate service and removal of stagnation and parity with base cadres and
preparation of all India base cadres seniority lists We have categorically stated before them for creation of promotional posts up to the rank of ADC in such separate service with a provision of interfacing at Commissioner level in Indian Revenue Service . 2ndly as per the
recommendations of the Cadre Review Committee/ Committee of Secretaries, CBEC
is also on the job to prepare some scheme for group B officers independent of
cadre restructuring. Let's see the result and be well prepared to follow the
step/steps to be taken by the Association, if scheme is contrary to our
interest. No need to say that our aim is to get all of our officers entered
into PB4 and a good number of them into even higher levels. If it is possible
for other counterparts of ours, there should be no problem to happen it for us
too”.
Therefore
only I can appeal to all of you that please be united to achieve our ultimate
goals for removal of staganation.
With
regards.
LOKANATH
MISHRA
