CBIC CONFEDERATION
(Representing Service Associations/Federations under
Central Board of Indirect Tax & Customs)
Ref. No. 01/CON/M/18 Dt. 18.12.18
To,
Sh. S. Ramesh,
Chairman, CBIC,
North Block, New Delhi.
Sub: Forwarding of the minutes of
the meeting of the Confederation held on 18.11.18.
Sir,
It
is to submit with due regards that a meeting of the constituent associations of
the CBIC Confederation was held at Delhi on 18.11.18.
2.
The undersigned being authorized to sign on behalf of the Confederation, the
minutes of the meeting of 18.11.18 are enclosed herewith with the request for
necessary action.
Thanking
you,
Yours
sincerely,
Encl: As above.
(RAVI
MALIK),
Authorised
Signatory and
Secretary General,
AIACEGEO.
Copy with the request for necessary action to:
The Secretary, Department of Revenue, North Block, New Delhi.
CBIC CONFEDERATION
(Representing Service Associations/Federations under
Central Board of Indirect Tax & Customs)
Ref. No. 02/CON/M/18 Dt. 18.12.18
To,
Sh. S. Ramesh,
Chairman, CBIC,
North Block, New Delhi.
Sub: Implementation
of the DOPT OM No. AB-14017/12/88-Estt. (RR) Dt. 25.03.96 on “Revision of guidelines for framing/amendment/relaxation
of recruitment rules - consideration of seniors in cases where juniors are
considered”.
Sir,
Kindly
refer to the Gazette Notification Dt. 14.12.18 notified w.r.t. F. No.
A-12018/10/2012-Ad.IIB(Part 2) Dt. 13.12.18 of the CBIC amending the
Recruitment Rules of the Central Excise Superintendent on the directions of the
Hon’ble High Court of Delhi implementing the subject-mentioned OM of the DOPT.
2. It
is to submit with due regards that one of the decisions taken in the meeting of
the CBIC Confederation held on 18.11.18 in Delhi was to implement the senior-junior clause in our
department as per the instructions given by the DOPT in 1996.
3.
Further, the said OM was to be implemented from 1996. The Hon’ble High Court of
Delhi also directed in its Order Dt. 29.11.16 in CM No. 44096/2016, CM No.
44097/2016 and W.P.(C) 11277/2016 to give the benefit of the OM despite of not
being incorporated in the recruitment rules finally dismissing the petition of
the CBIC. It means that the said OM should have been implemented way back in
1996 only.
4.
The due amendment vide the above referred Gazette Notification has been made in
the Recruitment Rules of the Central Excise Superintendent only instead of
making it also for other Group ‘B’ Gazetted executive cadres like Customs
Superintendent and Appraising Officer. Needless to submit that the same
amendment is required to be made in the Recruitment Rules of Customs
Superintendents and Appraising Officers, all of three posts being analogous and
at par and also being merged at Group ‘A’ entry level.
5.
In view of the above, it is requested-
i)
To make the due amendment in the Recruitment Rules of the Customs Superintendent
and Appraising Officer also.
ii) To implement
the said DOPT OM from 1996 giving its benefit to all of the affected officers,
whether petitioners or non-petitioners like the decision taken for petitioners
as well as non-petitioners by the CBIC in the Matharoo case.
Thanking you,
Yours
sincerely,
(RAVI
MALIK),
Authorised
Signatory and
Secretary General,
AIACEGEO.
Copy with the request for necessary action to:
The Secretary, Department of Revenue, North Block, New Delhi.