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
Mob.9848088928 mail
Id:aiacegeo2019@gmail.com
Site:cengoindia.blogspot.in Mob.9717510598
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, Siddharth 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 Liaisoning Secretary: Bhoopendra Singh
(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. 124/AIB/D/20
Dt. 03.08.20
Sh. Ajay
Bhushan Pandey,
Finance Secretary, North
block,
New Delhi.
Sub:
DPC for the post of Asstt. Commissioner in CBIC.
Sir,
It is to submit with due regards
that the last DPC for promotions to the post of Asstt. Commissioner in CBIC was
held more than two years ago in May, 2018. The trend of regular delay in DPCs
for the said post in CBIC is very clear from the following figures and the
officers are forced to retire regularly without promotion with no fault of
them-
Year of DPC
Due
in
Conducted
in
Delay
2010-11
January, 10
June,
12
2½ years
2011-12
January,
11 June,
12
1½ years
2012-13
January,
12
March,
14
2¼ years
2013-14
January,
13
October,
14
1¾ years
2014-15
January,
14
February, 17 more than 3
years
2015-16
January, 15
February, 17 more than 2 years
2016-17
January,
16
May,
18 more than 2¼ years
2017-18
January, 17
May, 18 more than 1¼
years
2018-19 (transition
year) January, 18 still awaited already 2 years & 7 months
2019 October, 18 still awaited already 1 year & 9 months
2020 October, 19 still awaited already 9 months
2. It is understood that the promotions are not
being affected due to pending litigations despite of the officers being
fulfilled all eligibility conditions and thousands of vacancies already being
existed. The grievance of the officers is amplified even more due to the fact
that the most of them are retiring with single promotion and with no
financial benefits in terms of grade pay/pay scale etc. in the career of more
than 35 years whereas their counterparts and other cadres are getting four to
six functional promotions. It is also worth to mention that these officers
are instrumental to earn the major portion of the government revenues.
3. Your kind attention is drawn towards DOPT OM
issued vide No. 28036/8/87-ESTT.(D) dated 30.03.1988 which categorically
provides for promotion to the vacant posts on ad-hoc basis subject to the
outcome of the court cases, if litigation is pending in the court of law.
It is also worth to mention that thousands of temporary posts of Asstt.
Commissioner available for promotion will also lapse in December, 2021 and
these officers will be left in lurch for no fault of theirs. Your kind
attention is also invited to some pending contempt cases in CBIC relating to
the seniority of some of the officers belonging to the Superintendent cadre. It
is also again worth to mention that the above said OM of DOPT also allows
ad-hoc promotions in case of any seniority dispute.
4. It is also worth to submit that every month
around twenty officers are forced to retire without promotion for the want of
DPC for the post of Asstt. Commissioner in CBIC. It is also further to mention
that these promotions would have no impact on expenditure as these officers are
already working in the pay scale of the promotional post on account of being on
the fag end of the career.
5. It is also understood that the pendency of IA
No.53895/2020 heard on 22.07.20 in Jarnail Singh case in the Hon’ble Supreme
Court in SLP No. 30621/2011 is also staying the DPC. In this regard, it is to
submit that no stay order has been given on DPC/promotion in this case. It has
simply been said that it would be considered at the time of final disposal of
main matter (order enclosed). During the pendency of this case, the Railways
have also decided to promote their officers on provisional basis as per the
existing seniority list subject to final outcome which may also be done in our
CBIC.
6. In view of the above, it is requested to kindly
direct the CBIC to get the issue resolved and issue promotion orders at an
early date in the light of the above referred DOPT OM dated 30.03.1988 which
specifically allows ad-hoc promotions as an interim measure in case of pendency
of court matters and also relating to the seniority issues. For contempt cases,
either the benefit may be given to the petitioners or appeal may be filed in
the higher court to counter the contempt. The issuance of the promotion orders
within at least the month of August will not only boost the morale of these
officers multifold having certainly a positive impact on the collection of
Goods & Service Tax and Customs duty but the officers retiring without
promotion will also be able to get the rarest IInd promotion of their career.
Thanking you,
Yours
sincerely,
Encl: As above.
(HARPAL
SINGH),
Secretary
General.
Copy with the request for necessary action to:
The Chairman, CBIC, North Block, New Delhi.
