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, Ravi Joshi (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. 161/AIB/P/19
Dt. 19.07.19
To,
Sh.
Pranab Kumar Das,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: DPC for the post of
Asstt. Commissioner.
Sir,
Kindly
refer to the earlier requests of the Association on the above matter.
2. It is to submit with
due regards that the DPC for the transition year 2018 as well as the calendar
year 2019 are still pending being already overdue as the same were to be
convened between 01.08.17 to 31.01.18 and 01.05.18 to 31.10.18 respectively as
per the DOPT
OM No. 22011/14/2013-Estt(D) Dt.08.05.17.
3. It
is also worth to submit that the repeated stays are coming on the DPC/promotion
perhaps due to the improper presentation of facts before the courts or
inaction/delayed action by the concerned authorities particularly at local
levels due to which the officers are forced to retire without promotion despite
of thousands of posts being vacant.
4. Due to the lack of
timely action on the part of the concerned authorities at local levels in legal
cases, the officers are totally demoralized being unable to get even IInd
promotion of the career without any fault on their part. It is also painful
that no efforts have ever been made to convene the DPC during the non-stay
period.
5. Under the present
circumstances, it is urgently required to get the stays vacated at an early
date not only in the interest of the retiring officers but also in the interest
of the manpower required for the GST work at Group A entry level. If the Hon’ble
CAT is of the view of not vacating the stay, immediate measures may kindly be
taken by the CBIC to get the stay/s on DPC vacated by filing petition in the
Hon’ble High Court or even in Hon’ble supreme Court, if considered appropriate.
Otherwise our officers will keep retiring without promotion despite of thousands
of promotional posts being in hand.
6. Your
kind attention is also invited to para 3(i) of the DOPT OM issued vide No.
28036/8/87-ESTT.(D) Dt. 30.03.88. This para allows the ad-hoc promotions even in case of an injunction
by a Court/Tribunal.
7. In view of the above, it
is requested to
kindly take serious steps to conduct the DPC by vacating the stays or applying the provisions of the DOPT
OM issued vide No. 28036/8/87-ESTT.(D) Dt. 30.03.88 at the earliest possible date for the
sake of justice to our officers retiring
without promotion.
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. 162/AIB/M/19
Dt. 19.07.19
To,
Sh. Ajay Bhushan
Pandey,
Secretary,
Department of Revenue,
North Block, New Delhi.
Sub: Grant of MACP upgradation in GP of Rs.
6600/- after time scale and next MACP upgradation in GP of Rs. 7600/-.
Sir,
Kindly
refer to the various communications of the Association made on the MACP matters.
2.
Inviting your kind attention to the verdict given in OA/21/584/2019 on 03.07.19
by the Hon’ble CAT of Hyderabad on the issue (copy enclosed), it is to submit
with due regards that the Hon’ble CAT has directed to dispose of the representation
keeping in mind the rules in force as well as taking into account all the
points raised in the representation and after such consideration, if any
anomalies are brought to the notice of the respondents, the same can be
rectified with proper steps, within a stipulated period of six weeks. It is
further to submit that the Hon,ble CAT has given directions keeping in mind the
well settled decision of the law as enumerated in a catena of judgements by the
Hon’ble Supreme Court and the Hon’ble High Courts and the Tribunal.
3. The Association has submitted various representations to the various
authorities including your goodself on the issue but no response has been
received from any of the authorities on any of the representation till date.
4. Now, the scenario is that the benefit of court verdicts is being given
only to those officers who are approaching the legal courts. It means that our
thousands of affected officers are being forced to approach the legal courts
despite of the govt. policy for minimum litigations. It is really unfortunate
and injustice to implement the court verdicts in discriminatory manner only for
the applicants and not in rem for all similarly placed officers.
5. It is reiterated that the verdicts given by any court, until directed
to be implemented in person, are to be implemented in rem as being implemented in
revenue matters. But, unfortunately, the verdicts are not being implemented in
rem despite of being settled at the level of the Hon’ble Supreme Court or High
Courts or CATs even where no appeal has been made.
6.
Your kind attention is also invited to the various verdicts
given by the Hon'ble Supreme
Court for in-rem implementation including the orders Dt. 17.10.14 given in the Civil
Appeal No. 9849 of 2014 in the matter of State of Uttar Pradesh & Ors Vs.
Arvind Kumar Srivastava & Ors 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.”
7. Your
kind attention is also invited to the to the verdict given by the Hon’ble Apex
Court in SLP No. 77457/2017 saying that 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.
8. In view
of the above, it is requested to kindly also dispose of the representations made by
the Association on the issue for the sake of justice considering the points already
submitted by the Association. It is also requested that the disposal may kindly be made keeping
in mind the rules in force and the well settled decisions of the law as
enumerated in a catena of judgements by the Hon’ble Supreme Court, the Hon’ble
High Courts and the Hon’ble Central Administrative Tribunals
Thanking you,
Yours
sincerely,
Encls: As
above.
(RAVI
MALIK),
Secretary
General.
Copy with the request for necessary action to:
1) The Expenditure Secretary, North Block, New Delhi.
2) The DOPT Secretary, North Block, New Delhi.
3) The Law Secretary, Shastri Bhawan, New Delhi.
4) The Cabinet Secretary, President House, New Delhi.
