" 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, 23 January 2014

Sub: Regularisation of ad hoc promotions as per the verdict given by Hon’ble Supreme Court



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. 18/R/14                                                                          Dt. 24.01.14
To,
Sh. J. D. Seelam,
Hon’ble Minister of State for Finance,
Department of Revenue,
North Block, New Delhi.
Sub: Regularisation of ad hoc promotions as per the verdict given by Hon’ble Supreme Court
Sir,
It is submitted with due regards that no regular DPC was conducted for the ad hoc promotions to the post of Asstt. Commissioner since 1997 in CBEC. The Hon’ble Apex Court directed the CBEC vide the verdict of 03.08.11 in CWP No. 385/10 to regularise all the ad hoc promotions made to the post of Asstt. Commissioner. The regular DPC is to be conducted against these ad hoc promotions since then.
2. It is further submitted that the old rules have already been repealed as per the verdict given by the Hon’ble Apex Court dated 03.08.11 in CWP No. 385/10. Therefore, only the recruitment rules existing as on the date of the regular DPC are applicable to the regularisation of these ad hoc promotions “irrespective of the contempt verdict” given by the Hon’ble Supreme Court in the case.
3. In actual terms, the Hon’ble Supreme Court has decided vide its verdict of 03.08.11 that the recruitment rules based on the ratio of 6:1:2 were wrong. So, the recruitment rules (as per the length of service) prior to 6:1:2 formula may kindly be applied to all the post-1979 promotions made to the post of Asstt. Commissioner.
4. Further, the DPC may kindly be conducted in a single lot as a special case alongwith the implementation of the provisions of the extended panel to grant the maximum benefit to the officers. These provisions of the extended panel were not implemented at the time of ad hoc promotions.
5. In view of the above, it is requested that the said DPC to regularise the ad hoc promotions may kindly be conducted as per the Recruitment Rules in force on the date of DPC in a single lot and the provisions of extended panel may also be applied to it.
Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.