CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

President: Address for communication: Secretary General:

R. Chandramouli240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik

Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in Mob. 09868816290

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. 134/L/15 Dt. 09.11.15

REMINDER

To,

Sh. Najib Shah,

Chairman, CBEC,

North Block, New Delhi.

Sub: Order dt. 08.12.14 of Hon’ble High Court of Madras in Writ Petition No. 19024 of 2014 & M.P. No. 1 of 2014 filed by Sh. R. Chandrasekaran and order of Hon’ble Supreme Court in SLP W.P. No. 11535/2014 of Madras High Court.

Sir,

Kindly refer to letter F. No. A-23011/23/2015-Ad.IIA Dt. 26.05.15 of CBEC addressed to the Chief Commissioner of Central Excise Chennai Zone and copy endorsed to the Pr Chief Controller of Accounts, New Delhi as well as various representationsincluding Ref. No. 76/L/15 Dt. 23.06.15 of the Association requesting for the general implementation of various court orders.

2. It is submitted with due regards that the legal verdicts are not being implemented in general by the CBEC/Govt. even after being finalized by the various legal courts whether relating to MACP upgradation or stepping-up in the case of ACP/MACP upgradation or time scale or any other issue. The benefit of the verdicts is being granted only to the applicant forcing other similarly situated officers to adopt the legal recourse which wastes the time, resources and money not only of the individuals but also of the Govt. as well as Courts.

3. The benefit of the court verdicts at least in the following matters has not been granted to all similarly situated officers in general (except the applicant/s) despite of being finalized at the level of the Apex Court/High Court-

A. MACP upgradation in the promotional hierarchy quashing the para 8.1 of MACPS.

B. Stepping-up of pay of seniors, if junior is getting higher pay on account of ACP/MACPS.

C. Grade pay of Rs. 5400/- to the officers after completion of 4 years in the pay scale of Superintendent on account of ACP/MACP upgradation at the time of working as Inspector.

D. Not offsetting of time scale with the MACP upgradation in case of IInd ACP holders etc. etc.

4. The Hon'ble Supreme Court in the judgment dt. 17.10.14 in the Civil Appeal No. 9849 of 2014 in the matter of State of Uttar Pradesh &OrsVs. Arvind Kumar Srivastava&Ors has held as under:

“Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.”

5. In spite of various such decisions of Apex Court and various other courts already brought to the kind knowledge of the administration, the benefit is not being extended to all other similarly situated employees. If any matter on service issue/policy is implemented based on the verdict given by the legal court, the Govt. is bound to give its benefit to all similarly situated employees. No need to say that no Govt. organization/department/ministry is above the courts and it seems contemptuous, if the benefit of the court orders is not given to the similarly situated employees.

6. As per the discriminatory practice, the orders for general implementation benefitting to all equally placed officers have also not been issued in the subject-mentioned matter to force other concerned officers to go to the legal courts. It will not only increase the unwarranted litigations but is also against the policy of the govt. to minimize the litigations. But it seems that none in the administration side is worried to implement the govt. policy of minimum litigations despite of the dismissal of the SLP of the govt. by the Apex Court.

7. In view of the above, it is requested that the benefit of all of the court orders relating to any matter including the ones mentioned in para 3 above as well as subject-mentioned matter may kindly be granted to all similarly situated employees at an early date through a general order without forcing them to go for legal recourse.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

President: Address for communication: Secretary General:

R. Chandramouli240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik

Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in Mob. 09868816290

(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. 135/MACP/15 Dt. 09.11.15

REMINDER

To,

Sh. Najib Shah,

Chairman, CBEC,

North Block, New Delhi.

Sub: Grant of MACP upgradation in promotional hierarchy.

Sir,

Kindly refer to the various earlier communications including Ref. No. 78/MACP/15 Dt. 24.06.15 of the Association on the subject.

2. It is again submitted with due regards that the Hon’ble Supreme Court vide order in SLP No. 7467/2013 filed by the Govt. against the judgement of the Hon’ble High Court of Chandigarh in CWP No. 19387/2011 has already confirmed the order dated 31.05.2011 of Chandigarh CAT for grant of financial upgradation in the promotional hierarchy under MACPS. The same verdict has also been ordered by the Principal Bench of the Hon’ble Central Administrative Tribunal in the OA No. 904/2012and864/2014.

3. The same verdict has been ordered by Madras High Court in W.P. No. 11535/14 and M.P. No. 1/14 on 16.10.14 undoing para 8.1 of MACPS. But no relief is being given by the government/CBEC to its officers on the issue despite of so many legal verdicts including by the Supreme Court. SLP of the govt. against W.P. No. 11535/14 has also been dismissed by the Hon’ble Supreme Court.

4. The offset of the MACP upgradation is also liable to be scrapped as per the verdict given by Supreme Court in the case of Delhi Nurses Union (Regd.) Vs. U.O.I. and also by ErnakulamCAT in the case of Sh. N.K. Gopinatham Vs. U.O.I.

5. The Principal Bench of the Hon’ble Central Administrative Tribunal (CAT), New Delhi has also directed to implement the judgement of the Hon’ble Punjab & Haryana High Court in Union of India & others vs. Raj Pal & another (CWP No.19387/2011) vide its order dt.15.09.14 in OA No.2553/2013.

6. In view of the above,para 8.1 of MACPS and offset of the MACP upgradation with time scale are not in consonance of the legal verdicts and are liable to be scrapped since very initiation. It is, therefore, again requested that the said para 8.1 of MACPS instructions may kindly be scrapped and the financial upgradations under the MACP scheme may be granted in accordance of the promotional hierarchy without offsetting the MACP upgradation with the time scale. Thus, the officers already getting the grade pay of Rs. 5400/- as time scale should be granted a grade pay of Rs. 6600/- on next MACP upgradation without offsetting with the time scale. No need to submit that the matter is not required to be referred to the DOPT/any nodal department because no department is above the judiciary. More employees are also not required to be forced to approach any legal court to get the due benefit as per the principle of res-judicata and also various legal verdicts based on this principle. The CBEC may kindly issue the due circular based on the above judgements on its own to grant the benefit to its employees taking the matter seriously.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

President: Address for communication: Secretary General:

R. Chandramouli240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik

Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in Mob. 09868816290

(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. 136/TS/15 Dt. 09.11.15

REMINDER

To,

Sh. Najib Shah,

Chairman, CBEC,

North Block, New Delhi.

Sub: Grant of grade pay of Rs. 5400/- in the light of judgement of Hon’ble High Court of Madras in WP No. 13225/2010 to the officers completing 4 years of regular service in pay scale/grade pay of Superintendent under ACP Scheme as Inspector of Central Excise.

Sir,

Kindly refer to the earlier representations including Ref. No. 80/TS/15 Dt. 24.06.15 of the Association on the subject.

2. Your kind attention is again invited to the judgment dated 06.09.10 passed by the Hon’ble High Court of Madras in WP No.13225/2010 in the case of Sh. M. Subramaniam. In the aforesaid judgement, the Hon’ble Court has granted the benefit of grade payofRs. 5400/- in PB 2 to the Inspector who has completed the regular service of 4 years in the pay scale/grade pay of Superintendent on account of ACP upgradation. Now, the matter is pending with the Hon’ble Supreme Court without any stay order against the implementation of the judgement of the Madras High court.

3. It is submitted with due regards that the CBEC vide letter No. A-23011/05/2009-AdIIA Dt. 08.11.13 ordered to implement the aforesaid order of the Madras High court for Shri M. Subramaniam only instead of granting the benefit to all of similarly placed officers.

4. As per the law of service jurisprudence and various verdicts given by the various Courts including the Hon’ble Supreme Court, similarly situated persons should be treated similarly. Only because one person has approached the Court doesn’t mean that persons similarly situated should be treated differently. Thus, the entire class of the similarly situated employees is required to be given the benefit of the decision whether or not they were parties to the original writ. This principle has been upheld by the Hon’ble Supreme Court in numerous judgments.

5. In view of the above, it is requested that the benefit of the Madras High court judgement may kindly be granted to all of the officers completing 4 years of regular service in the pay scale/grade pay of Superintendent. The precedent of the Department of Posts under the same Govt. of India has already been communicated to the administration vide the Ref. No. 53/SU/14 Dt. 10.03.14 of the Association where the officers have been granted the benefit on the basis of High Court judgement despite of the matter being pending in the Hon’ble Supreme Court vide letter No.33(3)/10/PA-Admn.I/1481 Dt. 04.03.14 of the Department of Posts subject to the final verdict to be given by the Hon’ble Apex Court.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

President: Address for communication: Secretary General:

R. Chandramouli240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik

Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in Mob. 09868816290

(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. 138/DPC/15 Dt. 09.11.15

IMMEDIATE

To,

Sh. Balesh Kumar,

ADG, HRM, HRD, CBEC,

Rajendra Place, New Delhi.

Sub: Request to hold single consolidated DPC for the post of Asstt. Commissioner for the model years 2014-15 and 2015-16 including remaining vacancies of 2013-14.

Sir,

Kindly refer to theRef. No. 93/DPC/15 Dt. 20.07.15 of the Association on the above subject forwarded to your goodself through administrative channel by the o/o the Cabinet Secretary.

2. It is submitted with due regards that the Association is in the total dark about the kind consideration of the said communication by the HRM wing of CBEC. It is also worth to submit that our officers are retiring regularly without IInd promotion of the career despite of thousands ofvacancies for promotional posts being in hand.

3. Non-serious attitude of the concerned section on the issue is very well evident by the fact that DPCs for the years 2010-11 (due in 1/10), 2011-12 (due in 1/11), 2012-13 (due in 1/12),2013-14 (due in 1/13), 2014-15 (due in 1/14) and 2015-16 (due in 1/15) were conducted in 6/12, 6/12, 3/14, 10/14, ‘awaited’ and ‘awaited’ respectively. Thus, the concerned section of CBEC is very habitual to make the things delayed as DPCs have been delayed by 2½ years, 1½ years, 2¼ years, 1¾ years, ‘unpredictable’ and ‘unpredictable’ years respectively for last six model years. It is also worth to mention that the DPC for the year 2016-17 is due in the month of January, 16. Due to the delayed process, the due officers are unable to get the promotion even despite of the preparation of the extended panel. More than 450 officers have already retired without promotion due to the want of the DPC after October, 14.

4. In view of the above, it is requested to expedite the matter taking due consideration of the above referred communication of the Association.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

President: Address for communication: Secretary General:

R. Chandramouli240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik

Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in Mob. 09868816290

(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. 139/DPC/15 Dt. 09.11.15 IMMEDIATE PL.

To,

Sh. Pradeep Kumar Sinha,

Cabinet Secretary, Govt. of India,

President House, New Delhi.

Sub: Request to hold single consolidated DPC for the post of Asstt. Commissioner for the model years 2014-15 and 2015-16 including remaining vacancies of 2013-14 in CBEC.

Sir,

Kindly refer to the Ref. No. 93/DPC/15 Dt. 20.07.15 of the Association regarding the pending DPCs for the post of Asstt. Commissioner in Central Board of Excise & Customs (CBEC) under the Department of Revenue.

2. Your kind attention is invited to the para 2.4.1 of the DOPT OM No. 22011/5/86-Estt. D Dt. 10.03.89 as well as para 6.4.1 of the DOPT OM No. 22011/5/86-Estt. (D) Dt. 10.04.89 mandating about holding of single DPC in case of DPC not being held timely for more than one years. As the concerned section of CBEC is habitual of making terrible delay in holding the DPCs for the post of Asstt. Commissioner, our officers are forced to retire without promotion despite of thousands of promotional posts being in hand.

3. It is further submitted with due regards that that the DPCs are being delayed despite of the DOPT instructions to fix the responsibility of the concerned officer for the lapse in adherence to the prescribed time frame in holding of DPCs under the DOPT OM No. 22011/9/98-Estt. (D) Dt. 14.12.2000. It seems that the concerned section is having totally indifferent attitude regarding DOPT provisions.Non-serious attitude of the concerned section on the issue is very well evident by the following figures showing tremendous delay in the matter -

Year of DPC Due in Conducted in Delay

2010-11 January, 10 June, 12 2½ years

2011-12 January, 11 June, 12 1½ years

2012-13 January, 12 March, 14 2¼ years

2013-14 January, 13 October, 14 1¾ years

2014-15 January, 14 still awaited already1¾+ years

2015-16 January, 15 still awaited already ¾+ years

2016-17 January, 16 -- only 1½ months remained

4. As per the DOPT OM No. 22011/1/2011-Estt.(D) Dt. 23.04.15, the Appointment Committee of Cabinet has viewed this matter seriously. But very unfortunately, the matter is not being taken seriously by the CBEC. As per the DOPT provisions vide OM No. 22011/9/98-Estt (D) Dt. 08.09.98 reiterated in OM No. 22011/1/2011-Estt (D) Dt. 11.03.11 and 22011/1/2011-Estt (D) Dt. 13.12.13, the DPC for a financial year should be conducted well in advance latest by the month of January of the preceding year. No need to submit that the prescribed schedule should strictly be followed whether the DPC is conducted for regular promotions or ad hoc promotions.

5. It is further submitted that the chain vacancies on account of cascading effect from higher side are also required to be included for the promotion to the post of Asstt. Commissioner as per the DOPT OM No. 22011/9/98-Estt(D) Dt. 06.10.99. It is clearly mentioned in this OM that the existing and clear anticipated vacancies as well as chain vacancies on account of retirement, promotion etc. in all the higher grades/hierarchy should be included for the purpose of DPC.

6. As far as the amendment in RRs is concerned, the para 3.1 of the DOPT OM No. 22011/5/86-Estt. (D) Dt. 10.04.89 also says that the holding of DPC meetings need not be delayed or postponed on the ground that RRs for a post are being reviewed/amended. Moreover, the amended RRs are not required to be awaited for the promotions to be granted on ad hoc basis.

7. It is also submitted that there is no legal stay to conduct the said DPC.It is also worth to mention that 2118 temporary posts of Asstt. Commissioner were created only for 5 years w.e.f. 18.12.13 to be filled by promotions, out of which around 2 years have already expired.Officers are forced to retire without promotion (only IInd in the career of 35-40 years) due to this indifferent approach (perhaps willful) and delayed process despite of thousands (more than 1400) of promotional posts being in hand.

8. If there is any problem in calculating the exact number of vacancies (which shouldn’t be there as all records are available with the CBEC), aconsolidated tentative eligibility list may be circulated to the field formations to immediately provide the required information. If information is not provided timely, the provisions ofDOPT OM No. 22011/9/98-Estt. (D) Dt. 14.12.2000to fix the responsibility may be invoked. The use of tentative list is already in practice in the Department of Revenue as the Principal Chief Commissioner of Income Tax, Chandigarh recently circulated the tentative eligibility list vide letter F.No. Pr.CC/CHD/CB-1/2015-16/81-82 Dt. 01.07.15.

9. Even if due to some unavoidable reason the information is not available in r/o retired officers, the DPC may be conducted immediately in r/o the working officers without further delay otherwise many more officers will also be forced to retirewithout promotion.

10. Due to the delayed process, even the extended panel is unable to give any benefit to our officers as the officers figuring in the extended panel also retire before the holding of DPC. The concerned authorities are requested to be quite serious for us remembering that we are the actual tools and are always instrumental in collecting the revenue for the govt. always above the targets.Our officers are merely being punished without any fault of them by snatching their legitimate right of promotion.More than 450 officers have already retired without promotion due to the want of the DPC after October, 14.

11. Giving due consideration to the abovementionedsubmissions alongwith DOPT provisions, it is requested -

i) To hold the immediate single consolidated DPC for the years 2014-15 & 2015-16 including the remaining vacancies of 2013-14 in CBEC.

ii) To fix the responsibility of the concerned nodal officer/s and take necessary action for habitual delay in holding the DPCs.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS)

Monday, 9 November 2015

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