ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President: Address for
communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Pranave Shekhar (North); B. Pavan K. Reddy, M.
Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint
Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai
(West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar
(South); Anand Kishore, Ashutosh Nivsarkar (Central) Office Secretary: C.
S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen
Bhattachariya
(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. 106/AIB/H/19
Dt. 20.05.19
To,
The Chief
Commissioner,
Central
Goods & Service Tax, Jaipur Zone,
Jaipur.
Sub: Denial of station leaving permission to the officers on
holidays.
Sir,
It is to submit with due regards
that the offices are being opened on holidays (i.e., Saturday and Sunday) in
the Jaipur zone without giving any opportunity to the officers to be relaxed
and meet their families. February
onwards, the officers
are directed almost on Friday to keep the offices opened and be on duty to
undertake various works such as revenue
augmentation, completing DGARM reports etc.
2. The officers posted outside Jaipur or their parent place are doing
weekly up-down from duty place to their parent place where their families are
settled. Thus, the officers are facing regular hardship with the directions on
almost every weekend forcing them to remain at their Headquarters. It is worth
to submit that the holidays including Saturdays and Sundays are meant for
family to fulfill family obligations. The families of the officers are being
ignored by forcing the officers for non visiting their families and they are unable
to perform their parental duties for children, sonly duties for parents,
spousely duties for spouse, relationly duties for relatives and friendly duties
for friends. They have to look their old and ailing parents, education as well as career and marriage related duties for children and more particularly
marriage of daughters, family requirements and social obligations etc. on these holidays.
3. It
is further to submit that the officers are required to be relaxed and tension free in the interest of work efficiency
and government revenue. Despite of all odds and facing the worst career
prospects, the efforts of these officers are instrumental in collection of
record revenue in National interest. The DOPT guidelines also say
that the officers should be granted periodical leaves to keep them relaxed and tension free in the interest of government
work but they are not being allowed even to avail holidays
meant for fulfilment of family obligation and other social responsibilities in Jaipur zone under your
kind control. They also need time to spend with their family, parents, friends
and society.
4. Needless to
submit that our officers are already working under acute tension due to huge
work pressure, poor pay packages and the worst career prospects. Under such
circumstances, our authorities are required to work as family heads instead of administrative heads and treat the
subordinate officers as family members instead of merely as administrative
subordinates to create an atmosphere of healthy and tension free work culture.
5. In view of the
above, it is requested to kindly open the offices as per statutory provisions
only and not to deny leaves/holidays as well as station leaving to the officers
to keep them relaxed and tension free and also allow them to fulfil their
family as well as social obligations.
Thanking
you,
Yours
sincerely,
(RAVI
MALIK),
Secretary General.
Copy with the request for necessary action to:
Sh. John Joseph, Special Secretary and Zonal
Member, CBIC North Block, New Delhi.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President: Address for
communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Pranave Shekhar (North); B. Pavan K. Reddy, M.
Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint
Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai
(West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar
(South); Anand Kishore, Ashutosh Nivsarkar (Central) Office Secretary: C.
S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen
Bhattachariya
(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. 107/AIB/T/19
Dt. 20.05.19
To,
Sh. Pranab
Kumar Das,
Chairman,
CBIC,
North Block,
New Delhi.
Sub: Transfer of promotee Group ‘A’ IRS officers.
Sir,
Your kind attention is invited to
the order given on 15.05.19 in the OA No. 330/00763/2018 by the Hon’ble Central
Administrative Tribunal of Allahabad.
2. The Hon’ble Tribunal has observed that the para 4.8 of the transfer
guidelines clearly states that the officers on promotion from Group ‘B’ to
Group ‘A’ shall be transferred out of the station where they were working at
the time of promotion unless the balance service is less than three years. It
has been further observed that the para 11.3 of these guidelines states that
the officers who have three years or less service left shall be posted at the
station of their choice to the extent possible.
3. Accordingly,
the Hon,ble Tribunal has directed to adjust the applicant at Lucknow, i.e., his
home town, within 15 days of the receipt of the order. The applicant in this
case is Sh. N. N. Lal, a promotee Asstt. Commissioner, transferred to NACIN, Kanpur
against the policy/guidelines.
4. In view of the
above, it is requested to kindly transfer Sh. N. N. Lal and all equally placed officers
to their requested place at an early date.
Thanking
you,
Yours
sincerely,
(RAVI
MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President: Address for
communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Pranave Shekhar (North); B. Pavan K. Reddy, M.
Jegannathan (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint
Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai
(West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar
(South); Anand Kishore, Ashutosh Nivsarkar (Central) Office Secretary: C.
S. Sharma Treasuer: N. R. Manda Organising Secretary: Soumen
Bhattachariya
(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. 108/AIB/S/19
Dt. 20.05.19
To,
Sh. Pranab
Kumar Das,
Chairman,
CBIC,
North Block,
New Delhi.
Sub: Implementation of the Subramaniam verdict.
Sir,
Your kind attention is invited to
the letter F. No. A-23011/20/2019-Ad.IIA Dt. 17.05.19 of the CBIC implementing
the order given on 01.01.19 in the OA No. 1087/2018 filed by the Bihar and
Jharkhand unit of the AIACEGEO in the Hon’ble Central Administrative Tribunal
of Patna. The Chief Commissioner of CGST of Ranchi Zone has
been asked vide above letter to implement the Subramaniam verdict given in WP
No. 13225 of 2010 by the Hon’ble Madras High Court against which the SLP as
well as review petition of the CBIC was dismissed by the Hon’ble Supreme Court.
2. It is reiterated with due regards that the applicant association is one
of the units of the AIACEGEO
having its members throughout the country.
So, the verdict given by the Hon’ble CAT is liable to be equally applicable to
all members of the Association, i.e., Superintendents
and promotee Group ‘A’ IRS officers, throughout
the country without any exception or discrimination.
3. In
this regard, your kind attention is again invited to the verdict given by the Hon’ble Apex
Court in SLP No. 77457/2017 in r/o the order Dt. 23.03.17 given by the Hon’ble
High Court of Delhi in WP No. 2634/2017 in which the Apex Court said,“Once
the question, in principle, has been settled, it is only appropriate on the
part of the Government of India to issue a circular so that it will save the
time of the court and the Administrative Departments apart from avoiding unnecessary
and avoidable expenditure.” The Hon’ble Court further directed the Government
of India to immediately look into the matter and issue appropriate orders so
that people need not unnecessarily travel either to the Tribunal or the High
Court or the Supreme Court.
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 & Ors Vs. Arvind Kumar
Srivastava & Ors also 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 view of the
above, it is requested to kindly implement the Subramaniam verdict in rem
throughout the country giving benefit to all affected officers at an early date.
Thanking
you,
Yours
sincerely,
(RAVI
MALIK),
Secretary General.
