Recently
Cengo India has received mails from different members of AIACEGEO asking
clarification on the point as to whether, the inter-se seniority of the Superintendent of Central Excise can be maintained with respect to his/her inter-Zonal seniority
maintained in the grade of Inspector.
In
this connection , we want to clarify that since the creation of this department
,CBEC ( like other major departments
such as CBDT, AG, Postal, Railways etc)has decided on a policy matter for
creation of different cadre controlling
authorities under the provision of FR
read with delegation of financial rules ( Head of the Department” under GFR/DFR) . As per this provision the Cadre Controlling
authorities are not only appointing
authority but also disciplinary authority
in respect of all Gr-B, C cadres of Central Excise and Customs Department.
Under the provisions of Fundamental Rules read with guidelines of DOPT it has
been clarified that on a policy decision in cases where the seniority list for the lower cadre in maintained locally and
for the higher post the same is maintained on All India basis then stepping up of
pay of a senior if all the other
conditions are fulfilled can be made only with reference to a junior of the
same zone(CCA) to which the senior belongs. The inter-se seniority is to be maintained
in higher posts of seniors with reference to his zonal seniority of lower grade only and not with reference to seniority lists of other zones. Those
promoted early they are senior to those got promotion later on, however if the
date of DPC is same , and a junior has joined early then the same date is deemed date of joining of senior of same zone. The
promotion to the post of AC is being made on the basis of All India seniority lists
of Superintendents as per the provisions of both new and old RRs and decision
of SC in 306/88. The appeal petition to maintain
All India seniority list in the grade of Inspectors was rejected by SC in
Laxamna Rao case.
The
SC in several cases has decided that
past practice should not be upset. However such practice can be ignored
prospectively if it is found to be de hors the rules. Considering this aspect all
the important decisions on service matters
(such as Ghansyam Singh, Sabarwal, Ajit Sing, Virpal , Direct recruit Engineer,
D.B Gupta etc etc ) have been decided prospectively only.
Therefore
as per the advice of Advocate , the AIACEGEO has filed an OA in CAT to maintain
base cadre parity in promotion retrospectively. This case has not been filed to
maintain base cadres seniority or merger of base cadres retrospectively. The
case is very simple, AIACEGEO has prayed that if a particular batch of
Examiners have reached in AC grade, then the Inspectors/ POs of same batch should be
promoted notionally at par with such Examiners as per the practice followed in case of organized
Gr-A services . This is the only way is
left to remove intra cadre disparity (including regional disparity) in
promotions through legal channel.
1.
