ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob. 9313885411
President:
Address for communication: Secretary
General:
T. Dass Flat No. 6,
SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Vice Presidents: B L Meena, K V
Sriniwas (Central) Chinmoy Ghosh,
Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M
Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S
P Pandey, T A Manojuman (Central) Apurba Roy, Siddhath Tewari (East) A K Meena,
S K Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M
Nagaraju (South); All India Coordinator: B L Meena Office Secretary: B
C Gupta Treasurer: Manoj Kumar 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)
Office address: 206, B wing, CGO Complex
II, Kamla Nehru Nagar, Ghaziabad
Ref. No. 15/AIB/A/20
Dt. 17.01.20
To,
Sh. Xavior Toppo,
Under Secretary,
Ad.IV-A,
CBIC, New Delhi.
Sub: Renewal of All India
Association of Central Excise Gazetted Executive Officers (AIACEGEO)-claim by
two factions for being the legitimate office bearers of the Association.
Sir,
Kindly refer to your OM issued vide
F. No. 12017/07/2017-Ad.IV-A Dt. 16.01.20 on the above subject being floated
on the social media since yesterday noon hours.
2. First of
all, it is to submit with due regards that there exists no provision for
renewal of any Association/recognition. If any, the same may kindly be
provided to the Association to act further in the matter. It is reiterated
that this Association has already been granted Ist stage recognition for two
years and further IInd stage recognition for five years. It is also reiterated
that no other Association has been given recognition in this name.
3. Further,
it seems that the concerned hand is always very enthusiastic in the matter as
the above referred letter of your goodself and also the earlier letter on the
issue were floated on the social media even before dispatch from your office or
being received by the Association. The reason of the same may kindly be
enquired as to how, by whom and why the said letters were floated on the
social media even before reaching the hands of the Association. It may
also kindly be enquired, if any possibility of inclination towards a particular
group under the influence of the illegal gratification is involved in the
matter.
4. Yes, it is true as also mentioned
by your goodself that two Associations cannot exist with the same name.
Therefore, it is requested to direct Sh. Manimohan group not to use the name
of this Association or the DDO certificates issued in the name of this
Association as this Association is already a recognized one. They may also
be directed to apply for fresh recognition in some other name, if they want to
form another Association.
5. Your goodself has mentioned that
Promotee Officers cannot be the member of the Association. We are unable to
understand which promotee Officers and which Association have been mentioned by
your goodself in this regard. As far as this Association is concerned, it is
having “Gazetted Executive Officers” as “distinct category” as its members as
per the CCS (RSA) Rules, 1993. If your goodself wants to say anything adverse
about the recognition or membership of this Association, the copy of the relevant
provisions may kindly be provided to the Association to act accordingly.
6. As far as the question of the
promoted and feeder post officers being the members of the Association is
concerned, the following Associations/Federations are also having both as the
members of the Association but they have never been questioned by your goodself
or any authority-
a) The
Examiners (feeder post) and Appraisers (promotional post) are also the office
bearers/members of the All India Appraising Officers Federation w.r.t.
the reply given by the CBIC in r/o online RTI registration No.
CBECE/R/2019/50268. Their President as well as Secretary is Appraiser whereas
Treasure is Examiner as on date.
b) Not only
it, the Customs Preventive Service Officers Federation also consists of
Preventive Officers (feeder post) and Superintendents (promotional post) as its
members as well as office bearers in our own CBIC. Their President, Secretary
and Vice President are Superintendents whereas Treasure, another Vice President
and Joint Secretaries are Preventive Officers as on date.
c)
Likewise, the Association/Federation representing direct recruit Customs
Appraising Officers also consists feeder posts as well as promotional posts, i.e.,
Appraisers to Addl. Commissioner and Commissioner, as its members as well as office bearers in our own
CBIC.
d) Same is
the position in the direct recruit IRS Officers Association in CBIC
itself which also consists feeder posts as well as promotional posts, i.e.,
Asstt. Commissioner to Commissioner and above, as its members as well as office bearers. In their
last elections held on 11.09.18, their President was a Commissioner and
Secretary was Deputy Commissioner. They elected their other office bearers even
upto the rank of Principal Commissioner.
e) Same is
the position in three Ministerial Officers Associations/Federations in
CBIC itself which also consist feeder posts as well as promotional posts, i.e., TA,
STA, AO, CAO etc. as its
members as well as office bearers.
f) Same is
the position the Income Tax Gazetted Officers Association (ITGOA) in CBDT in our own
Department of Revenue which also consists feeder posts as well as promotional
posts, i.e., Income Tax Officers, Asstt. Commissioners, Deputy Commissioners,
Joint Commissioners and above,
as its members as well as office bearers. As on date also, their President is a
Deputy or Joint Commissioner. Their Treasure is also a Joint Commissioner as on
date and once upon a time, their President was also an Additional Commissioner.
g) Same is
the position in the Association/Federation representing Central Secretariat
Service which also consists feeder posts as well as promotional posts, i.e.,
Assistant Section Officers, Section Officers, Under Secretaries, Deputy
Secretaries, Directors and above
as members as well as office bearers.
7. It is
requested with whole humbleness to kindly allow this Association how and why
the different criteria are being applied for this Association as all of the
above mentioned Associations are having the officers belonging to the promoted
and feeder posts as the members.
8. It is
also to submit that the legal questions raised by this Association vide
letters Ref. No. 155/AIB/A/19 Dt. 12.07.19, 181/AIB/A/19 Dt. 13.08.19, 10/AIB/A/20 Dt. 14.01.20 etc. are yet to be decided by the CBIC. As promised by the Member (Admn) in the
meeting of 12.07.19, a speaking order is to be passed considering the
submissions made by this Association which is still awaited.
9. It is also to reiterate that the
CBIC also filed an affidavit in the Apex Court in the favour of this
Association in SLP (C) No.
4870-4871/2018 on 09.04.18, when Sh. Manimohan group was opposing the DPC for
the post of Asstt. Commissioner, mentioning under para 21, “The respondent
association after impleading in the case has pleaded that the department may be
permitted to order ad hoc promotions. In this regard, it is submitted that the
department has already filed an interlocutory application praying for holding
the DPCs for ad hoc promotions from Group B (Superintendents) to Group A
(Asstt. Commissioner) for about 600 number of posts lying vacant in the cadre
of Asstt.Commissioner.” The filing of the
affidavit by the CBIC in the Apex Court in the favour of this Association is
the greatest evidence that it is the only legal Association. If any adverse
view is taken by the concerned section, it will be the clear contempt of the
Hon’ble Apex Court.
10. It is
also requested to kindly clarify the position about the membership of
Association in r/o the officers promoted on ad hoc basis as clarified vide letter No.
13/03/2014-SR Dt. 27.05.15 by the Government of India, Ministry of
Communications & IT, Department of Posts (already supplied).
11. In view
of the above, it is again requested to pass a speaking order considering all
submissions/requests made by the Association on the issue including the
foregoing submissions/requests before reaching a conclusion.
Thanking you,
Yours
sincerely,
(HARPAL SINGH),
Secretary
General.
Copy with the request for necessary action to decide the legal questions raised by the
Association:
(1) The Cabinet Secretary, President
House, New Delhi.
(2) The Revenue Secretary, North
Block, New Delhi.
(3) The Secretary, DOPT, North Block,
New Delhi.
(4) The Chairman, CBIC, North Block,
New Delhi.
(5) The Member (Admn), CBIC, North
Block, New Delhi.
(6) The DG, HRM, CBIC, New Delhi.
(7) The Joint Secretary (Admn), CBIC,
New Delhi.
(8) The Commissioner (Coordination),
CBIC, New Delhi.
(9) Director, Ad IV, CBIC, New Delhi.
(HARPAL SINGH)
ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob. 9313885411
President:
Address for communication: Secretary
General:
T. Dass Flat No. 6,
SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Vice Presidents: B L Meena, K V
Sriniwas (Central) Chinmoy Ghosh,
Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M
Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S
P Pandey, T A Manojuman (Central) Apurba Roy, Siddhath Tewari (East) A K Meena,
S K Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M
Nagaraju (South); All India Coordinator: B L Meena Office Secretary: B
C Gupta Treasuer: Manoj Kumar 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)
Office address: 206, B wing, CGO Complex
II, Kamla Nehru Nagar, Ghaziabad
Ref. No. 16/AIB/P/19
Dt. 20.01.20
To,
Dr. John Joseph,
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 2018-19 as
well as the calendar year 2019 and 2020 are still pending being already overdue
as the same were to be convened between 01.08.17 to 31.01.18, 01.05.18 to
31.10.18 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 legal stays/verdicts are coming in
the way of DPC/promotion perhaps due to the improper presentation of facts
before the courts or inaction/delayed action by the concerned authorities due
to which the officers are forced to retire without promotion despite of
thousands of posts being vacant. Due to the lack of timely action on the part
of the concerned authorities in legal cases, the officers are totally
demoralized being unable to get the rarest IInd promotion of the career without
any fault on their part. The officers due for promotion are crying and retiring
without promotion every month for the want of DPCs despite of thousands of
promotional posts being in hands.
4. As
on November, 2019, disposition list of the CBIC is showing 1839 vacant posts of
AC/DC. The promotion orders of 180 Deputy Commissioners have already been
issued on 30.12.19. The figure of the year 2020 and the month of December, 2019
is not included in the vacant strength of 1839 of AC/DC. It means that we are
having more than 1839 vacant posts of Asstt. Commissioner as on Decemeber,
2019. The posts to be vacant in the year 2020 are to be added in this figure.
5. Under the present
circumstances, it is urgently required to get the legal issues resolved at an
early date not only in the interest of the retiring officers but also in the
interest of the manpower requirement for the GST work at Group ‘A’ entry level.
The help of
the DOPT OM issued vide No. 28036/8/87-ESTT.(D) Dt. 30.03.88 may be taken to
affect the promotions on the ad-hoc basis even in the case of an injunction by a Court/Tribunal or any
seniority dispute.
6. 5. Your kind attention
is also invited to the CBIC letter F.No.C.50/19/2019-Ad.II Dt. 27.09.19. It is
very well mentioned in this letter under para 2 that ad hoc promotions were made in the first instance because of
absence of Seniority List at Group ‘A’ entry level and at higher levels due to
the protracted litigation by the feeder cadres. So, it is very clear from the said
letter that the ad hoc promotions may be affected even in the absence of the
seniority list.
7. In view of the above,
it is requested to kindly take serious and immediate steps to conduct the DPC
and affect promotions by applying the provisions of the DOPT OM issued vide No.
28036/8/87-ESTT.(D) Dt. 30.03.88 and also in consonance of the CBIC letter Dt.
27.09.19 during the pendency of legal stays/verdicts or any seniority dispute
to grant justice to the retiring officers.
Thanking you,
Yours sincerely,
(HARPAL SINGH),
Secretary General.
Copy with the request for necessary action
to:
The Revenue Secretary, North Block, New
Delhi.
