ALL INDIA ASSOCIATION OF
CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
R.
Chandramouli 240, Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: P. Parwani, L. L.
Singhvi (Central); AnuragChaudhary, Ravi Joshi (North); N. Raman, G. Srinath
(South); B. K. Sinha, AshwiniMajhi (East); Rajesh Chaher, J. D. Patil (West) Joint
Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki,
AshishVajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S.
Bhattachariya (East); JasramMeena, M. K. Mishra (West) Office Secretary: C.
S. Sharma
Treasurer: N. R. MandaLiaison Secretary: A. S. KunduCoordinator on Telangana: P. Shravan
Kumar
(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. 128/RR/15
Dt. 23.10.15
To,
The Chairman,
UPSC, Dholpur House,
Shahjahan Road, New
Delhi.
Sub: Revision in the
Indian Revenue Service (Customs & Central Excise) Group ‘A’ Rules, 2012-
reg.
Sir,
Kindly
refer to the UPSC letter F. No. 3/8(17)/2015–RR Dt. 23.09.15 on the above
subject observing as follows-
i)
The provisions for 2118 temporary posts at JTS level of IRS (C&CE) have
been eliminated on the ground of non-approval of the inclusion of these posts
in IRS (C&CE) by the Cadre Review Committee as well as Union Cabinet.
ii)
Ad hoc promotions can be granted for a period of one year only as per DOPT
guidelines. It can’t be given for a period of five years in one go.
iii)
The department has already granted ad hoc promotions to the JTS of IRS
(C&CE) without bringing amendment in the service rules.
iv)
Above promotions might be difficult to be withdrawn on expiry of stipulated
five years and might adversely affect the service conditions of the incumbents
in Group ‘B’ feeder grades.
2.
Apart our demand of framing the rules to grant parity in promotions with intra-organisational
counterparts, the following points are submitted for kind consideration
confining to the approval of Cadre Review Committee as well as Union Cabinet
only in r/o the above observations of UPSC-
Comments
in r/o the Point No. i):
A)
The Union Cabinet has approved the creation of 2118 temporary posts at JTS
level in IRS (C&CE) for a period of 5 years in its meeting of 05.12.13.
B)
It also approved filling-up of these posts 100% by promotion from Group ‘B’
Gazetted Executive feeder grades, i.e., Superintendent of Central Excise,
Superintendent of Customs (Preventive) and Appraiser. The provisions for
filling-up these temporary posts entirely by promotion was approved by the
Union Cabinet to mitigate the acute stagnation in Group ‘B’ Gazetted Executive
grades.
C)
Said 2118 temporary posts were primarily approved to be created by the Union
Cabinet to meet statutory and functional requirements of the Department.
D) While proposing creation of 2118 temporary posts
at JTS level in IRS (C&CE) to the Union Cabinet, the Department referred to
the Para 4 (ii) of the Cadre Review Committee minutes indicating that “the
department will incorporate appropriate conditions in the extant Recruitment
Rules and will also stipulate the provisions that such promotion to the
temporary posts will not confer any right for further promotion beyond JTS”.
Paras 3.5.2 and 3.5.3 of the Cabinet Note refer.
E) The Union Cabinet approved the proposal for cadre
restructuring contained in the Cabinet Note Dt. 27.11.13 vide Minutes of
Cabinet Meeting Dt. 05.12.13 with the stipulation that:
i) The method of appointment is in conformity with
the recommendations of the Cadre Review Committee in respect of the proposals
at paragraphs 9.2, 9.3 and 9.5 of the note and
ii) The concurrence of the DOPT is obtained for the
relaxation, if any required.
Only after the aforesaid approval of
DOPT, the Department conducted the DPC to fill-up temporary JTS posts of IRS
(C&CE) entirely by promotion.
Thus, 2118 Temporary posts at JTS
level are very much part of IRS (C&CE) and the method/ procedure for
filling-up these posts entirely by promotion from Group ‘B’ Gazetted Executive
feeder grades for next five years has to be necessarily incorporated in the IRS
(C&CE) Recruitment Rules in order to comply with the decision of the Union
Cabinet.
Comments in r/o Point No.
ii):
A)
Para 5.1.4 of the CabinetNote providesfor one-time relaxation in the
Recruitment Rules to enable filling-up of temporary 2118 posts at JTS level for
promotion from the Group B Gazetted Executive grades. It also provides for
repetition of the cycle for 5 years against vacancies arising annually out of
superannuation etc. of officers promoted against these temporary posts.
B)
As per existing instructions vide DOPT O.M. No. 28036/8/87-Estt.(D) Dt.
30.03.88 and No. 28036/1/2001-Estt.(D) Dt. 23.07.01 as reiterated in DOPT OM
No. 28036/1/2012- Estt (D) Dt. 03.04.13, the total period for which the
appointment/promotion may be made on ad-hoc basis keeping in view the
exceptionalities anticipated in these OMs by the respective
Ministries/Departments is limited to one year. These instructions further
provide that in case of compulsions for extending any ad hoc
appointment/promotion beyond one year, the approval of DOPT is to be sought at
least two months in advance before the expiry of one year period.
C)
In case of 2118 temporary posts at JTS level, the Department has obtained DOPT
approval for the same vide Dy. No. 1015966/JSE/2014. In any case, the
department will keep on seeking DOPT approval for any relaxation as and when
required.
Comments in r/o Point No. iii):
A)CBEC has granted ad hoc
promotions to the Junior Time Scale of Indian Revenue Service (Customs &
Central Excise) in October, 2014 without bringing an amendment in the Service
Rules on the basis of the approval of the Union Cabinet to Para 9.4 of the
Cabinet Note Dt. 27.11.13 as well as DOPT concurrence conveyed vide Dy. No.
1015966/JSE/2014. Para 9.4 of the Cabinet Note reads:
“As
a one-time measure, permission for filling up the additional posts in Group
‘A’, ‘B’ & ‘C’ that are to be filled by promotion on the basis of the
guidelines on recruitment rule as permitted for CBDT.”
B)
Only after the approval of DOPT, the Department conducted the DPC to fill-up
temporary JTS posts of IRS (C&CE) entirely by promotion.
C)
Para 5.1.4 of the CabinetNote providesfor one-time relaxation in the
Recruitment Rules to enable filling-up of temporary 2118 posts at JTS level for
promotion from the Group B Gazetted Executive grades.
D)
The Department has obtained DOPT approval for the same vide Dy. No.
1015966/JSE/2014.
Comments in r/o Point No.
iv):
A)
The temporary posts at the level of Assistant Commissioner JTS have been
granted for a period of five years only. The continuation thereto depends upon
the circumstances and functional requirements of the Department beyond the
specified period. This aspect will be examined at the appropriate time.
B)
This will also have no adverse effect on the service conditions of the
incumbents in Group ‘B’ feeder grades because they are already retiring with
only single promotion in the career. These temporary posts will rather enable
them to get IInd promotion of the career. This is the only reason that the
Cabinet has approved to take the measures to remove their stagnation
independent of cadre restructuring too.
3.
In view of the above, it is requested to take necessary action to enable IInd
promotion of thousands of officers at their fag end of the career as 1442
vacant posts already exist at the JTS level in CBEC. Immediate filling-up of
these posts are in the interest of the Govt. revenue in the form of Service
Tax, Central Excise duty and Customs duty. Therefore, CBEC may kindly be
allowed to make promotions against the said JTS level posts of Asstt.
Commissioner accordingly as part of the IRS (Customs & Central Excise)
Rules.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.
