" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Thursday, 29 August 2019

DPC, Juniority/Seniority clause


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
Mob.7780255361  mail Id:ravimalik_sweet@yahoo.comSite: cengoindia.blogspot.in   Mob.9868816290
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. 200/AIB/P/19                                                                          Dt. 29.08.19
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 subject including Ref. No. 161/AIB/P/19 Dt. 19.07.19 and 176/AIB/P/19 Dt. 07.08.19.
            2. It is to submit with due regards that neither legal stays on the DPC are being vacated nor the Chennai issue is being resolved. It is very disappointing and painful that the officers are being retired every month without promotion despite of thousands of promotional pots being in hand
            3. The officers are totally demoralized being unable to get even IInd promotion of the career without any fault on their part and are crying like anything.
4. Under the circumstances, your kind attention is again invited to the 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. So, the DPC may kindly be conducted by using the provisions of para 3(i) of the said OM. It is also worth to submit that these provisions have already been applied in the past to convene the DPC. We have no reason not to apply the said provision now.
5. The promotions being ad hoc, it is requested to kindly take serious steps to conduct the DPC at the earliest by applying the provisions of the DOPT OM issued vide No. 28036/8/87-ESTT.(D) Dt. 30.03.88 for the sake of justice to our officers already retiring without getting the rarest IInd promotion of the career, otherwise one day will come that all temporary posts are lapsed and no officer will be promoted as more than one year has already lapsed to the last DPC.
            Thanking you, 
                                                                                                                                            Yours sincerely,
                                                                                                                                               
                     (RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
The Revenue Secretary, 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
Mob.7780255361  mail Id:ravimalik_sweet@yahoo.comSite: cengoindia.blogspot.in   Mob.9868816290
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. 201/AIB/P/19                                                                          Dt. 29.08.19
To,
Sh. Pranab Kumar Das,
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 letter Ref. No. 332/AIB/S/18 Dt. 17.12.18 and 98/AIB/P/19 Dt. 13.05.19 of the Association.
2. It is to submit with due regards that the said OM regarding juniority/seniority clause was to be implemented from 1996 in r/o the recruitment rules of the Central Excise/CGST Superintendents. 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 from 1996 despite of not being incorporated in the recruitment rules finally dismissing the petition of the CBIC. But nothing such has been mentioned in the recruitment rules of the Central Excise/CGST Superintendents published recently. 
3. In view of the above, it is again requested to implement the said 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 and incorporate the same in the recruitment rules of the Central Excise/CGST Superintendents accordingly. This shall benefit both categories of the officers.  
Thanking You,           
                                 Yours sincerely,
                                                                                               
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1. The Cabinet Secretary, Govt. of India, President House, New Delhi.
2. The Secretary, Department of Revenue, North Block, New Delhi.
3. The Secretary, Department of Personnel and Training, North Block, New Delhi.