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. 144/AIB/D/20 Dt. 07.09.20
To,
Sh. M. Ajit Kumar,
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 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 latest case in the matter
is being understood the SLP (C) No. 30621/2011 in which the Hon’ble Supreme
Court has ordered to maintain “status quo”. As far as status quo regarding any
case is concerned, it is to submit that it is meant to maintain the position of
law as on the date of the order of status quo. Except this status quo, no stay
order on promotion has been given by the Hon’ble Supreme Court. Even on last
hearing held on 22.07.20, no stay on promotions was ordered (copy of the order enclosed).
3. In relation of above mentioned SLP (C) No.
30621/2011, the Hon’ble Supreme Court has already given very specific order
(copy enclosed) in SLP (C) No. 31288/2017 on 05.06.18 that it
is made clear that the Union of India is not debarred from making promotions in
accordance with law, subject to further orders, pending further consideration
of the matter. It is
reiterated that the said order has been given by the Hon’ble Supreme Court
w.r.t. the SLP (C) No. 30621 of 2011 itself.
4. Your kind attention is also again invited to 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 or any
seniority dispute is there. 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.
5. In view of the above, it is requested to kindly conduct
the DPC and issue promotion orders at an early date as per the above referred order
dated 05.06.18 of the Hon’ble Supreme Court in SLP (C) No. 21288/2017.
Thanking you,
Yours
sincerely,
Encl: As above (2 orders).
(HARPAL
SINGH),
Secretary
General.
Copy with the request for necessary action to:
1. The Finance Secretary, North Block, New Delhi.
2. The Member (P&V), CBIC, North Block, New Delhi.
