ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as 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:
M.
Loganathan Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob.8758262698 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in Mob.9717510598
Vice Presidents: B C
Khatik, V Pagare (Central) Diwakar
Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas
Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S
P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East)
Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V
Raghunandan (South); All India Convener:
A K Meena All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison
Secretary: N S Maheshwari North Zone
Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal
Vigilance Coordinator: R K Singh South
Zone Coordinator: U Sharma
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref. No. 35/AIB/A/24 Dt. 02.05.24
To,
The Chairman, CBIC,
North Block, New Delhi.
Sub: Review of
ad-hoc appointment/promotion.
Sir,
Your
kind attention is invited to the Ref. No. 35/AIB/A/19 Dt. 06.02.19 of the
Association and Letter No PAO/CBIC/Ahm/Verification/1138 Dt. 02.04.24 (copy
enclosed) of the Senior Accounts Officer, PAO, CBIC, Ahmedabad.
2. It has been pointed out in the letter of PAO
that the ad-hoc appointment/promotions are to be limited to one year only and
in case of compulsion of extending any ad-hoc appointment/promotion beyond one
year, the approval of DOPT is to be sought. In case of prior approval of DOPT
is not obtained for extension of ad-hoc promotion beyond the prescribed initial
term, the ad-hoc promotion shall cease automatically on expiry of initial
term/extended period approved by DOPT and that the officers shall stand to be
reverted to their substantial post without the requirement of any specific
order for their reversion. Further, it has been requested to review all the
affected cases. The above-mentioned letter has been issued by PAO based on DOPT
OM No. 28036/08/2022-Pers. Policy (D) Dt. 15.12.23. However, it is also worth
to mention that PAO has to see if any extra payment is being made to any
officer. In our case, all ad-hoc Asstt. Commissioners were already getting the
pay scale of Asstt. Commissioner on account of MACP upgradation before the
promotion. So, review of ad-hoc promotion in their case will make no difference
in emoluments being paid to them.
3.
It is also to submit with due regards that ad-hocism in promotions is/was
continued for very long in our CBIC upto the top levels. The issue doesn’t
relate merely to Ahmedabad Zone but situation is the same throughout the
country.
4. It is worth to submit
further that the regularization has been made and Seniority List of the Asstt.
Commissioners working under the CBIC issued only upto the year 2012-13. After
it, all the officers promoted to the post of Asstt. Commissioner have been
working on ad-hoc basis despite of being promoted against the long-term
vacancies, whether the vacancy is regular or temporary. Thus, they can’t be
treated as ad-hoc.
5. All vacancies/posts existing for more than six months are termed as
long-term. It is also worth to mention that the officers can’t be forced to
work on ad-hoc basis against long term vacancies. As per the DOPT guidelines,
ad-hoc posts can exist only for six months, extendable by further six months
only. The posts/vacancies extending beyond it can no way be termed as ad-hoc
and are treated as regular. Accordingly, the officers working on these posts
regularly for more than one year are also to be treated as regular. It is great
injustice to them to treat as working on ad-hoc basis beyond one year.
6. It is also mentioned further that
the officers are being promoted to the temporary posts of Asstt. Commissioner
as per the provisions of the Recruitment Rules of IRS. The ‘Post’ defined under
these rules includes both, temporary and regular. However, the officers are
being promoted as ‘ad-hoc’ against both posts whether it is regular or
temporary. So, officers promoted against regular as well as temporary posts are
required to be treated as regular instead of ad-hoc.
7. On this issue, letter F.No.A-29014/4/2011-AdIIB
Dt. 22.02.16 (enclosed herewith) was written by the CBIC to all Chief
commissioners and Director Generals under consultation with DOPT for treating
long term vacancies in the grade of Superintendent arising out of ad-hoc
promotions from the grade of Superintendent to the grade of Asstt.
Commissioner. It is reiterated that the promotions to the grade of Asstt.
Commissioner were affected on ad-hoc basis against the long-term vacancies. No
need to say that the ad-hoc promotions are made against the vacancies arising
of deputation, foreign service, leave etc. Here, the case is different as our
officers have been promoted on long term posts created in cadre restructuring
and existing for more than decade. Thus, all field offices were advised to
fill-up long term vacancies in accordance of the letter Dt. 22.02.16 of the
CBIC. The said letter is equally applicable to the ad-hoc promotions made to
the long-term posts of Asstt. Commissioner.
8. In view of the above, it is requested to kindly
also issue the same letter at an early date directing the field formations to treat
all ad-hoc promotions to the post of Asstt. Commissioner as regular on account
of the promotion being affected against long term posts. In this regard, it is
also reiterated that many ad-hoc Asstt. Commissioners have also been promoted
to the post of Deputy Commissioner on ad-hoc basis.
Thanking
you,
Yours sincerely,
Encl: As above.
(HARPAL SINGH),
Secretary General.
