Dear friends,
Namaste.
Draft OA is placed below with the request to all go through the same and suggest amendments/additions at the earliest to mail Id ravimalik_sweet@yahoo.com or whtsp 9868816290. Advocate has prepared it based on minutes, thus, including our Customs Preventive friends also which may be amended acordingly because of our Customs friends not being members of this Association.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD.
O. A. NO. __________ OF 2019
DISTRICT- GHAZIABAD
1. All India Association of Central Excise Gazetted Executive Officers through its Secretary General Mr. Ravi Malik Having its office at: 240, Razapur, Ghaziabad.
2. Mr. Ravi Malik S/o Sh. Mahabir Singh R/o 240, Razapur, Ghaziabad Presently holding the post of Assistant Commissioner of Central Excise/CGST Posted at CGST Commissionerate, Ghaziabad. Aged about 57 years, Group-A.
3. Mr. Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS Flats, Sheikh Sarai-1, New Delhi-110017 Presently holding the post of Assistant Commissioner of Customs Posted at Customs ICD, Dadri, Ghaziabad. Aged about 55 years
4. Mr. Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh Sahitya Sadan, New Delhi. Aged about 55 years
5. Mr. C. S. Sharma S/o Sh. M. R. Sharma, R/o 9/768, Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the post of Superintendent of Customs, Posted at Customs Preventive Commissionerate, New Customs House, New Delhi.
…. Applicants
VERSUS
1. Union of India through Revenue Secretary, Ministry of Finance, North Block, New Delhi.
2. Chairman, CBEC, North Block, New Delhi.
3. Director General, HRM, C.B.I.C., Bhai Beer Singh Sadan, B.B.S. Marg, New Delhi.
4. Department of Personnel & Training through its Secretary, North Block, New Delhi.
……………..Respondents
DETAILS OF APPLICATION:
1. Particulars of the order against which the application is made:
The applicant no. 1 made several applications/representations before the respondents and requested them to implement in situ promotion scheme for Group-B Executive cadres (Gazetted & Non Gazetted) which was approved by the Board in its meeting dated 18.02.2011 but till now the respondents have neither decided the said representation nor passed any order to implement the said scheme. The applicant no.1 also submitted grievance petition on line (Registration No. CBOEC/E/2018/03267 & CBOEC/E/2018/03756) but that too went in vain.
2. Jurisdiction of the Tribunal :
The applicants declare that the subject matter against which the applicants want redressal is within the jurisdiction of the Tribunal.
3. Limitation :
The applicant further declares that the application is within the limitation period prescribed in section 21 of the Administrative Tribunals Act, 1985.
4. Facts of the case:
4.1 That applicant no. 1 is the recognized association of Customs and Central excise/CGST gazetted executive officers and its members are from the rank and post of Superintendents and above. The Applicant no. 1 represented through its Secretary General Mr. Ravi Malik who is Assistant Commissioner (Central Excise/CGST and Customs) and is also an affected party. True Copy of resolution authorising Mr. Ravi Malik (who is also an applicant in his personal capacity) to file the present case is being filed and marked as Annexure A-1 to the compilation II of this O.A.
4.2 That majority of the Inspectors of Central Excise and Customs Preventive Officers get only one functional promotion during average service span of 35 years while Examiners are much better placed and reach up to the level of Additional Commissioner. It will not be out of place to mention here that 1992 batch Examiner and 1975 batch Inspectors of Central Excise & Preventive Officer have been promoted as Asstt. Commissioner at the same time in October, 2010. It will further not be out of place to mention here that there is disparity in promotion from zone to zone also.
4.3 That the applicant no.1 raised this issue of acute stagnation being faced by the executive cadres, particularly Central Excise and Customs Preventive streams with the Board. On pursuance of the association, one in-situ promotion Scheme was approved by the Board in the meeting dated 18.02.2011. True Copy of Minutes of Board meeting held on 18.02.2011 is being filed and marked as Annexure A-2 to the compilation II of this O.A.
4.4 That the association made several representation and requested several time to the respondents for implementation of in-situ promotion scheme as approved by the board in its meeting dated 18.02.2011 but the respondents paid no heed to the request of the association. True Copy of some of representations dated ……….. are being filed and marked as Annexure A-3 to the compilation II of this O.A.
4.5 That basic features of in-situ promotion scheme is as under:
(a) the Inspector with 10 years of regular service as Superintendent
(b) the Superintendents with 20 years of combined regular or in situ service as Inspector + Superintendent (in situ), with three years’ service as Superintendent (regular or In situ) as Assistant Commissioner (in situ)
(C) In situ promotion as Dy. Commissioner (in situ) to Assistant Commissioner (in situ) after five years of service.
4.6 That it will be pertinent to mention here that the scheme does not require creation of posts in Superintendent or Assistant Commissioner grades, as the posts of Superintendent (in situ), Assistant Commissioner (in situ) and Dy. Commissioner (in situ) are operated against the regular sanctioned strength in the grades of Inspector and Superintendent respectively. Further, the Scheme would not have any functional problems since the officers would get in situ promotion in their personal capacity and continue to perform the duties of the lower grade.
4.7 That it will not be out of place to mention here that several departments like Central Secretariat service, Rajya Sabha Secretariat, Ministry of Health etc. under Govt. Of India has granted in situ promotions.
4.8 That scheme for grant of in situ promotions would provide some relief to the stagnating grades.
5. Grounds for relief with the legal provisions:
5.1 Because acute stagnation is being faced by executive cadres particularly the Inspectors of Central Excise and Customs Preventive Officers who get only one functional promotion during average service span of 35 years hence in situ promotion scheme was approved by the Board to give some solace to the acute stagnated officers.
5.2 Because the Examiners (who are also under the control of CBEC) are much better placed than the Inspectors of Central Excise & Preventive Officer who reach up to the level of Additional Commissioner whereas the majority of the Inspectors of Central Excise get single promotion in their service tenure.
5.3 Because there is much disparity of promotion between the Examiners and Inspectors of Central Excise & Preventive Officer which is evident from promotion of 1992 batch Examiner and 1975 batch Inspectors of Central Excise & Preventive Officer were promoted as Asstt. Commissioner at the same time in October, 2010.
5.4 Because Inspectors of Central Excise and Customs Preventive Officers also face disparity in promotion from zone to zone also.
5.5 Because several departments like Central Secretariat service, Rajya Sabha Secretariat, Ministry of Health etc. under Govt. Of India has granted in situ promotions.
5.6 Because scheme for grant of in situ promotions would provide some relief to the stagnation being faced by the Inspectors of Central Excise & Preventive Officer.
6. Details of the remedies exhausted:
The applicants declare that they have availed of all the remedies available to him under the relevant service rules etc. The applicants made representations before the respondent department for their redressal but with no result.
7. Matters not previously filed or pending with any other court:
The applicants further declare that they have not filed any application, writ petition or suit regarding the instant matter, in respect of which this application has been made, before any court or any other authority or any other Bench of the Tribunal nor any such application, writ petition or suit is pending before any of them.
8. Relief Sought:
In view of the facts mentioned in para 6 above the applicants prays for the following relief(s):-
1. The Respondents may be directed to implement in situ promotion scheme for Group-B Executive cadres (Gazetted & Non Gazetted) which is duly approved by the Board in its meeting dated 18.02.2011 w.e.f. its approval i.e. 18.02.2011 to meet the acute stagnation in promotion of Inspectors of Central Excise & Preventive Officer.
2. And OR may pass such other and further orders/ directions deem fit and proper in the facts of the case.
9. INTERIM RELIEF, IF ANY
Pending final decision on the application, the applicant seeks the following interim relief: N.A.
10. In the event of application being sent by registered post, it may be stated whether the applicant desires to have oral hearing at the admission stage and if so, he shall attach a self addressed postcard or inland letter, at which intimation regarding the date of hearing could be sent to him: NOT APPLICABLE
11. PARTICULAR OF APPLICATION FEE:
1. Name of issuing Post Office :
2. Date of issuing the P.O.:
3. Amount of the Postal Order:
4. Post Office at which payable:
12. LIST OF ENCLOSURES: As per Index
VERIFICATION:
I, Ravi Malik, son of late Sh. Mahabir Singh, aged about 57 years, working as Assistant Commissioner in the office of CGST, Ghaziabad, applicant no.2 and also Secretary General of applicant no.1, duly authorized person to sign and verify and present the instant original application on behalf of All India Association of Central Excise Gazetted Executive Officers, in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION
I, Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS Flats, Sheikh Sarai-1, New Delhi-110017 Presently holding the post of Assistant Commissioner of Customs Posted at Customs ICD, Dadri, Ghaziabad. Aged about 55 years, applicant no.3 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh Sahitya Sadan, New Delhi. Aged about 55 years, applicant no.3 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh Sahitya Sadan, New Delhi. Aged about 55 years applicant no.4 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, C. S. Sharma S/o Sh. M. R. Sharma, R/o 9/768, Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the post of Superintendent of Customs, Posted at Customs Preventive Commissionerate, New Customs House, New Delhi, applicant no.5 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
Date: May, 2019.
Place: ALLAHABAD.
Through
(ASHOK KUMAR PANDEY)
Advocate
Adv. Roll A/A-1365/2012
(YASHWANT SINGH)
Advocate
Adv. Roll A/Y-0023/12
Counsels for the Applicants
Old Study Room, South Verandah,
High Allahabad
Mobile: 9454966521
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD.
**********
ORIGINAL APPLICATION NO. OF 2019
(Under Section 19 of the Administrative Tribunal Act, 1985)
DISTRICT : GHAZIABAD
All India Association of Central Excise
and others ---- Applicants
Versus
Union of India and others --- Respondents
ANNEXURE NO.
Namaste.
Draft OA is placed below with the request to all go through the same and suggest amendments/additions at the earliest to mail Id ravimalik_sweet@yahoo.com or whtsp 9868816290. Advocate has prepared it based on minutes, thus, including our Customs Preventive friends also which may be amended acordingly because of our Customs friends not being members of this Association.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD.
O. A. NO. __________ OF 2019
DISTRICT- GHAZIABAD
1. All India Association of Central Excise Gazetted Executive Officers through its Secretary General Mr. Ravi Malik Having its office at: 240, Razapur, Ghaziabad.
2. Mr. Ravi Malik S/o Sh. Mahabir Singh R/o 240, Razapur, Ghaziabad Presently holding the post of Assistant Commissioner of Central Excise/CGST Posted at CGST Commissionerate, Ghaziabad. Aged about 57 years, Group-A.
3. Mr. Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS Flats, Sheikh Sarai-1, New Delhi-110017 Presently holding the post of Assistant Commissioner of Customs Posted at Customs ICD, Dadri, Ghaziabad. Aged about 55 years
4. Mr. Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh Sahitya Sadan, New Delhi. Aged about 55 years
5. Mr. C. S. Sharma S/o Sh. M. R. Sharma, R/o 9/768, Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the post of Superintendent of Customs, Posted at Customs Preventive Commissionerate, New Customs House, New Delhi.
…. Applicants
VERSUS
1. Union of India through Revenue Secretary, Ministry of Finance, North Block, New Delhi.
2. Chairman, CBEC, North Block, New Delhi.
3. Director General, HRM, C.B.I.C., Bhai Beer Singh Sadan, B.B.S. Marg, New Delhi.
4. Department of Personnel & Training through its Secretary, North Block, New Delhi.
……………..Respondents
DETAILS OF APPLICATION:
1. Particulars of the order against which the application is made:
The applicant no. 1 made several applications/representations before the respondents and requested them to implement in situ promotion scheme for Group-B Executive cadres (Gazetted & Non Gazetted) which was approved by the Board in its meeting dated 18.02.2011 but till now the respondents have neither decided the said representation nor passed any order to implement the said scheme. The applicant no.1 also submitted grievance petition on line (Registration No. CBOEC/E/2018/03267 & CBOEC/E/2018/03756) but that too went in vain.
2. Jurisdiction of the Tribunal :
The applicants declare that the subject matter against which the applicants want redressal is within the jurisdiction of the Tribunal.
3. Limitation :
The applicant further declares that the application is within the limitation period prescribed in section 21 of the Administrative Tribunals Act, 1985.
4. Facts of the case:
4.1 That applicant no. 1 is the recognized association of Customs and Central excise/CGST gazetted executive officers and its members are from the rank and post of Superintendents and above. The Applicant no. 1 represented through its Secretary General Mr. Ravi Malik who is Assistant Commissioner (Central Excise/CGST and Customs) and is also an affected party. True Copy of resolution authorising Mr. Ravi Malik (who is also an applicant in his personal capacity) to file the present case is being filed and marked as Annexure A-1 to the compilation II of this O.A.
4.2 That majority of the Inspectors of Central Excise and Customs Preventive Officers get only one functional promotion during average service span of 35 years while Examiners are much better placed and reach up to the level of Additional Commissioner. It will not be out of place to mention here that 1992 batch Examiner and 1975 batch Inspectors of Central Excise & Preventive Officer have been promoted as Asstt. Commissioner at the same time in October, 2010. It will further not be out of place to mention here that there is disparity in promotion from zone to zone also.
4.3 That the applicant no.1 raised this issue of acute stagnation being faced by the executive cadres, particularly Central Excise and Customs Preventive streams with the Board. On pursuance of the association, one in-situ promotion Scheme was approved by the Board in the meeting dated 18.02.2011. True Copy of Minutes of Board meeting held on 18.02.2011 is being filed and marked as Annexure A-2 to the compilation II of this O.A.
4.4 That the association made several representation and requested several time to the respondents for implementation of in-situ promotion scheme as approved by the board in its meeting dated 18.02.2011 but the respondents paid no heed to the request of the association. True Copy of some of representations dated ……….. are being filed and marked as Annexure A-3 to the compilation II of this O.A.
4.5 That basic features of in-situ promotion scheme is as under:
(a) the Inspector with 10 years of regular service as Superintendent
(b) the Superintendents with 20 years of combined regular or in situ service as Inspector + Superintendent (in situ), with three years’ service as Superintendent (regular or In situ) as Assistant Commissioner (in situ)
(C) In situ promotion as Dy. Commissioner (in situ) to Assistant Commissioner (in situ) after five years of service.
4.6 That it will be pertinent to mention here that the scheme does not require creation of posts in Superintendent or Assistant Commissioner grades, as the posts of Superintendent (in situ), Assistant Commissioner (in situ) and Dy. Commissioner (in situ) are operated against the regular sanctioned strength in the grades of Inspector and Superintendent respectively. Further, the Scheme would not have any functional problems since the officers would get in situ promotion in their personal capacity and continue to perform the duties of the lower grade.
4.7 That it will not be out of place to mention here that several departments like Central Secretariat service, Rajya Sabha Secretariat, Ministry of Health etc. under Govt. Of India has granted in situ promotions.
4.8 That scheme for grant of in situ promotions would provide some relief to the stagnating grades.
5. Grounds for relief with the legal provisions:
5.1 Because acute stagnation is being faced by executive cadres particularly the Inspectors of Central Excise and Customs Preventive Officers who get only one functional promotion during average service span of 35 years hence in situ promotion scheme was approved by the Board to give some solace to the acute stagnated officers.
5.2 Because the Examiners (who are also under the control of CBEC) are much better placed than the Inspectors of Central Excise & Preventive Officer who reach up to the level of Additional Commissioner whereas the majority of the Inspectors of Central Excise get single promotion in their service tenure.
5.3 Because there is much disparity of promotion between the Examiners and Inspectors of Central Excise & Preventive Officer which is evident from promotion of 1992 batch Examiner and 1975 batch Inspectors of Central Excise & Preventive Officer were promoted as Asstt. Commissioner at the same time in October, 2010.
5.4 Because Inspectors of Central Excise and Customs Preventive Officers also face disparity in promotion from zone to zone also.
5.5 Because several departments like Central Secretariat service, Rajya Sabha Secretariat, Ministry of Health etc. under Govt. Of India has granted in situ promotions.
5.6 Because scheme for grant of in situ promotions would provide some relief to the stagnation being faced by the Inspectors of Central Excise & Preventive Officer.
6. Details of the remedies exhausted:
The applicants declare that they have availed of all the remedies available to him under the relevant service rules etc. The applicants made representations before the respondent department for their redressal but with no result.
7. Matters not previously filed or pending with any other court:
The applicants further declare that they have not filed any application, writ petition or suit regarding the instant matter, in respect of which this application has been made, before any court or any other authority or any other Bench of the Tribunal nor any such application, writ petition or suit is pending before any of them.
8. Relief Sought:
In view of the facts mentioned in para 6 above the applicants prays for the following relief(s):-
1. The Respondents may be directed to implement in situ promotion scheme for Group-B Executive cadres (Gazetted & Non Gazetted) which is duly approved by the Board in its meeting dated 18.02.2011 w.e.f. its approval i.e. 18.02.2011 to meet the acute stagnation in promotion of Inspectors of Central Excise & Preventive Officer.
2. And OR may pass such other and further orders/ directions deem fit and proper in the facts of the case.
9. INTERIM RELIEF, IF ANY
Pending final decision on the application, the applicant seeks the following interim relief: N.A.
10. In the event of application being sent by registered post, it may be stated whether the applicant desires to have oral hearing at the admission stage and if so, he shall attach a self addressed postcard or inland letter, at which intimation regarding the date of hearing could be sent to him: NOT APPLICABLE
11. PARTICULAR OF APPLICATION FEE:
1. Name of issuing Post Office :
2. Date of issuing the P.O.:
3. Amount of the Postal Order:
4. Post Office at which payable:
12. LIST OF ENCLOSURES: As per Index
VERIFICATION:
I, Ravi Malik, son of late Sh. Mahabir Singh, aged about 57 years, working as Assistant Commissioner in the office of CGST, Ghaziabad, applicant no.2 and also Secretary General of applicant no.1, duly authorized person to sign and verify and present the instant original application on behalf of All India Association of Central Excise Gazetted Executive Officers, in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION
I, Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS Flats, Sheikh Sarai-1, New Delhi-110017 Presently holding the post of Assistant Commissioner of Customs Posted at Customs ICD, Dadri, Ghaziabad. Aged about 55 years, applicant no.3 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh Sahitya Sadan, New Delhi. Aged about 55 years, applicant no.3 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh Sahitya Sadan, New Delhi. Aged about 55 years applicant no.4 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, C. S. Sharma S/o Sh. M. R. Sharma, R/o 9/768, Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the post of Superintendent of Customs, Posted at Customs Preventive Commissionerate, New Customs House, New Delhi, applicant no.5 in the above noted Original application do hereby verify that the contents of paragraphs No.________________ ________________of this application are true to my personal knowledge; and paragraphs nos._______________________ of this application are believed to be true on legal advice, and paragraphs nos. _________________________ based on record, and that I have not suppressed any material fact.
APPLICANT
Date: May, 2019.
Place: ALLAHABAD.
Through
(ASHOK KUMAR PANDEY)
Advocate
Adv. Roll A/A-1365/2012
(YASHWANT SINGH)
Advocate
Adv. Roll A/Y-0023/12
Counsels for the Applicants
Old Study Room, South Verandah,
High Allahabad
Mobile: 9454966521
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD.
**********
ORIGINAL APPLICATION NO. OF 2019
(Under Section 19 of the Administrative Tribunal Act, 1985)
DISTRICT : GHAZIABAD
All India Association of Central Excise
and others ---- Applicants
Versus
Union of India and others --- Respondents
ANNEXURE NO.
