General Body Meeting of All India Central Excise Inspectors Association, Guntur
Unit, Guntur was held at Central Excise Hqrs., Guntur on 27th
September 2014The General Body Meeting was
conducted successfully and the following set of Office Bearers have been
elected to serve the members of AICEIA, Guntur Unit:-
is a matter of joy that a large number of members of this Association have got
their much due promotion to the grade of Superintendent. On this occasion, the
undersigned, on behalf of all the members of this Association, heartily
congratulates the outgoing members of the Association and welcomes new entrant
in our Cadre/Association. We wish them
all the best for their future assignments.
undersigned also takes this opportunity to thank all the departing members of
our Association for their valuable contribution to the growth of this Cadre/Association
and requests all of them to continue with the bonding made in a long time. Dear
Comrades, we have not achieved any remarkable thing, it was overdue and we
should not stop fight for our rights. It
is also requested to continue the fight for removal of Stagnation and Regional
Disparities in promotion, wherever you are and whatever you are. By way of our continuous fight and our
unbreakable unity, we will achieve the better working atmosphere and better future
As is known to all, the CBEC & its organizations
have moved ahead on the path of Cadre Restructuring without taking into
considerations the submissions made by this Association time & again. This
unilateral move of CBEC has failed to deliver justice not only to Cadre but is
against the aims & objectives of CR, causing a lot of litigations in the Hon’ble
CAT Benches at New Delhi, Ahmedabad, Mumbai etc. This is a serious situation
where either way the interest of the Cadre is at stake.
The Office-Bearers of the National Body of this
Association discussed the ongoing scenario and brought the matter to the
competent authority at New Delhi which in turn invited us for a discussion. It
was decided that the Association would be represented by a delegation
consisting of Abhishek Kamal, Secretary General, Shri Devender Kumar, Liason
Secretary and Shri Rananjay Pratap Singh, Vice-President representing West
The delegation called on DG (HRD) on 25.09.2014 and
requested her to adopt a formula which may pave the way for smooth
implementation of CR as the same is beneficial to the Cadre as well as to the Department.
The delegation was of the view that the promotion should immediately be given
to the Inspectors, who joined department before All India Merit List but Promotion
should not be effected to the batch which joined through All India Examination, without
implementation of All India Seniority. The delegation apprised her regarding the
stagnation continuing in Zones like Shillong, Lucknow/Meerut, Kolkata, Cochin, Jaipur,
Bhopal, Patna etc. even after the implementation of Cadre Restructuring and
requested her to take appropriate measures to remove the stagnation in these
Zones and regional disparities in promotion. The DG
(HRD) seemed convinced that in principle All India Seniority is the only way to
address regional disparities in promotion to the grade of Superintendent & to
remove stagnation of poor Zones, but expressed her inability in giving effect
to it since SSC-1996. On the basis of facts and figures, the delegation
suggested many ways to implement All India Seniority from SSC-1996. The DG (HRD) expressed hope that All India
Seniority may be implemented from 2014, on this, the delegation asserted that
the same should be from SSC-1996 itself i.e. from the time when the first batch
of Inspectors was recruited on All India Basis. This was countered by DG (HRD) citing
the huge inconvenience but the argument was nullified by the delegation citing
the recent judgment of the Hon’ble Supreme Court in the case of N R Parmar v/s.
Union of India where the Hon’ble Court has clarified that inconvenience can
never be cited as a cause to subvert justice. The delegation also suggested
a workable formulae to fill the remaining vacant posts of Superintendents in
well off Zones by way of giving promotions to the Inspectors of stagnated Zones
and posting them against the vacant posts of well off Zones, but, the DG (HRD) seemed
to be non-committal on this. Discussions
were also held regarding the implementation of judgment of the Hon’ble Supreme
Court in the case of N R Parmar v/s. Union of India.
The delegation also called on other
officials at North Block on 26.09.2014 and discussed the impact of Cadre
Restructuring on our Cadre. Regarding our query about uneven and unjustified posts
allocations in Cadre Restructuring, nobody was able to respond. The delegation suggested ways to
address genuine grievances of the Cadre and showed its apprehensions and
displeasure on poor functioning of the Study Group. It was also brought to the
knowledge of the delegation that a Meeting with the Study Group may be fixed with
recognized Staff Associations in the second week of October, 2014, which may be
the last meeting of the Study Group before it submits its report.
Apart from the above, the delegation also
called on other important dignitaries, who have very crucial role to play in
weeks to come in achieving the goals of the AICEIA for which the Association is
Its my honour and pleasure to announce that the Convention of AICEIA, Allahabad Branch has been held on 20.09.2014 at Mahakumbh Auditorium, Central Excise, Allahabad. The following Office Bearers have been unanimously elected to serve the cadre:-
President - Sh. V. S. Yadava
Vice President - Sh. Ritendra Sonkar and Sh. Ambrose Soni
General Secretary - Sh. Sujit Kumar Srivastava
Joint Secretaries - Sh. Anil Matlani, Sh. Rajesh Prakash, Sh. Rakesh Kumar Singh & Sh. Jail Ram
Treasurer - Md. Ajad Ansari
A C0-Ordination meeting of all Office Bearers of the national
body of All India Central Excise Inspectors’ Association was held in New Delhi
on 06.09.2014. In absence of the
President and Working President, Sh. A. I. Abbasi, Vice President (North)
chaired the meeting. The main agenda of
the meeting was to review the recent developments like CBEC unilateral
announcement of Cadre-Restructuring and our future course of action; 7th
CPC, TARC, GST and other organizational matters. Many of the Circles/Branches sent their
agenda points/suggestions/views/comments for the meeting and we discussed each
and every point in details, the same are, as under:-
Issues related to Cadre
meeting, we reviewed the present stagnation position of every zone and effect
of Cadre Restructuring. We also discussed several CAT cases filed/going to be
filed across the country in order to get All India Seniority for
Inspectors. We found that the
Cadre-Restructuring is not going to address the regional disparity in our Cadre
as there is no proper justification of CBEC posts-allocation. Some of the well-off zones got ample posts of
the Superintendents so that all Inspectors of eight years will be promoted to
the next grade whereas, many of the stagnated zones got as little posts as they
will remain stagnated in years and years to come. Hence, the CR is not able to solve the
problems of Stagnation and Regional Disparities.
two main reasons that our Cadre is suspicious about the CR:-1. Improper
posts-allocation in different zones and there is no uniformity in
posts-allocation. This will result in
mass dissatisfaction and poorer promotional avenues for the Inspectors posted
in those zones. 2. All India Seniority
of Inspectors- The CBEC has rolled out CR without implementing All India
Seniority of Inspectors, this will result as Juniors posted in well-off zones
will get promotion prior to their Seniors in same merit lists which is mass
violation of guidelines on Seniority Policy under DOPT’s O.M. No.
35014/2/80-Estt.(D) dated 7.2.1986 & O.M. No 22011/7/1986-Esstt. Dated
03/07/1986 and Judgment dated 09.12.1996 of Hon’ble Apex Court pronounced in the
case of Radhey Shyam Singh & Others Vs Union of India.
In view of
the above, the following decisions have been taken in the Co-ordination
of the Revenue Secretary, the Finance Minister and even from Hon’ble Prime
Minister in order to get proper posts-allocation for stagnated zones like
Lucknow, Meerut, Kolkata, Cochin, Jaipur, Bhopal, Chennai, Patna etc. and
implementation of All India Seniority for Inspectors since 1996 batch (joined in 2003).
of Media Coverage in order to raise our voice against the sufferings of the
should have an option for the Inspectors of stagnated zones to move other zones
on promotion, if there is vacancy in the grade of Superintendent and the same
remained vacant due to ineligible candidate.
All India Seniority has already been demanded by the Resolutions passed in the
Convention/CECs of the AICEIA, we are bound to fight for the All India Seniority. During the meeting, it has been decided to morally,
legally and financially support the individual/groups in CAT cases for All
proposed agitational plan of Kolkata Circle like wearing Black Badges,
lunch-hour demonstration etc. from 08.09.2014 to 11.09.2014 were discussed and
appreciated by all. It has been decided that, if above actions will not get
desired results, we will opt the path of agitation on Pan-India-basis.
done by the newly elected body of AICEIA during its short tenure of two months
was reviewed in the meeting and the following points discussed to make
association more strong & participatory:-
and initiative to increase the membership of the Association- We discussed the
performance of every branch/circle and found that many zones/circles need to
work in a manner that fulfills the genuine rights of its members. Many zones need to enhance the
memberships. For this, all Joint Secretaries/Vice-Presidents
of national body will co-ordinate to the General Secretaries and Presidents of
their jurisdiction and help them in order to reach to even the Inspectors
posted at remote areas.
Secretary/Vice-Presidents of National Body will collect the data related to
each and every zones, where election is inevitable either due to completion of
tenure or due to the promotion in the CR.
After identifying those circles/branches, election shall be organized on
Consultative Mechanism is a effective mechanism to address the problems of
staffs. We have observed that several
issues of Inspectors posted at different zones remain unattended for many
months, which result in dissatisfaction among Inspectors. So, all the Joint Secretaries/Vice Presidents
need to liaison with Circles/Branches and help office bearers of
circles/branches of AICEIA in convening Office Council of JCM in their zones.
Circles/Branches need to start Website/Blogs/FB pages in order to reach every
member of circles/branches. It is also necessary to keep our members updated
about Associations activities and day to day administrative affairs.
the meeting, it was observed that despite lapse of two months, no visit of
office bearers of national body took place in different circles/branches. Hence, it has been decided to find out the circles/branches/zones,
which need immediate attention and there will be visits of national office
bearers in order to strengthen the association and increasing membership. A committee has been formed consisting of Sh.
Rajesh Kumar, Organizing Secretary; Sh. Devendra Kumar, Liaison Secretary and
Sh. Rananjay Pratap Singh, Vice President (West) to find out the
circles/branches/zones, which need to be visited by the national office
letters/representation should be forwarded to any authority like
Board/DGHRD/Ministry etc. directly by any of the Office Bearers of
meeting of the AICEIA is due in December, 2014 and two Circles i.e. Lucknow and
Kolkata are working on it. The venue and
dates of the CEC will be decided in due course.
January 25th 2014, an Annual Lecture Series on “Participatory
Governance” was started by the AICEIA like an institution and the same is due
in January, 2015. Hence, during the meeting,
it was decided to organize the Annual Lecture Series on 25.01.2015 (Sunday). The details of the programme will be
Tax Administrative Reform Commission, it was decided to form consolidated views
of all branch and circles before meeting to the commission so that there will
be uniformity in our views.
the CBEC has issued a letter vide F.No. A-32022/06/2014-Ad.IIIA dated
03.09.2014 to the Chief Commissioner of Customs (General), Mumbai on captioned
subject “Inter-se Seniority of direct recruits and promotes-instructions
thereof-regarding”. In the meeting, it
was decided that the SG should write to the CBEC to direct all Zones of Central
Excise to implement this.
the Government of India is planning to roll out GST, it has been decided to
have a close watch on government’s proposals and the interests of the
Cadre. It is necessary to protect the
interest of the cadre during the implementation of the same. Hence, the national body of the Association
has assigned the task to study the pros & cons of proposals on GST to Sh. Rajashish Dutta, Joint
Secretary (East) and we urge every Circle/Branches to form a group of
Inspectors to monitor the proposals/plans of GST and start the work of data
collection so that we will be able to protect our interest.
the meeting, Sh. Manish Kumar Verma, newly nominated Treasurer & Office
Secretary assume the charge. His mobile
number is 09308892525 and email id is firstname.lastname@example.org.
Sub: - Acute Stagnation in Group ‘B’
Executive grades:-Analysis of various options
available to address the
problem - Reg.
Sir, Please refer to the minutes of the meeting held on 31.07.2014
issued vide letter F.No.8/B/194/HRD (HRM)/2013/3091 dated 21.08.2014.
In the said meeting dated
31.07.2014, we had submitted our representation vide letter F.No. AICEIA/Study
Group/HRD/2014/09 dated 31.07.2014 (copy enclosed). During the meeting, all the
suggestions mentioned in our representation were discussed in very clear and
convincing manner and many of them were accepted and agreed upon but the same
have not been incorporated in the said Minutes.
We repeatedly requested thorough our various letters and categorically
requested in the meeting to give some interim relief/report and the same was
agreed by the department side but we do not find the same in the said
minutes. Further, we also requested the
Study Group many times vide our letters even no. 07 dated 15.07.2014 and 09
dated 31.07.2014 (copies enclosed) and also requested during the meeting to
submit the recommendations of the study group before the implementation of the
same before Cadre Restructuring is rolled out in CBEC and if CR is rolled out
without following the recommendations of the Study Group, there will be no
meaning of the Study Group. The Study
Group has been formed by the CBEC pursuant to AICEIA taking up the matter
with Revenue Secretary, Govt. of India who subsequently directed CBEC to
address the problem of stagnation and regional disparity. Since, the CR has
been rolled out without even waiting the recommendations of the Study Group,
there are chances that problems of stagnation & regional disparity do not
get redressed this time. Hence, the very
essence, spirit and efforts of the authority to constitute the Study Group will
suffer and there is no meaning of the Study Group.
We had also requested to draw a detailed minutes, in which all of our
submissions along with the views/actions required from the department side
should be incorporated whether they are possible or not. If any of our points is not practical, the
reason of its impracticality must be incorporated in the minuets. By going through the said minutes, it is
crystal clear that some of our points have not found any place in the said
minutes whether the same was agreed upon or not.
has been noticed that the said minutes is incomplete and appears as more of a
brief based on memory than minutes of the said meeting. It is quite evident
from the fact that our submissions like not to change the residency period for
Inspectors of Central Excise for promotion to the Grade of Superintendent of
Central Excise have no reflection in the said minutes. Hence, it is requested to draw a fresh
Minutes of the meeting held on 31.07.2014 in the office of DGHRD, Saket, New
Delhi with the following points (with detailed views of department on every
points), which were already discussed during the meeting and presented in
1.Filling up of vacancies of the post
of Superintendents of Central Excise arising out of the ongoing Cadre
Restructuring exercise in the CBEC must be done in a manner which permanently
removes the disparities among the 15 Cadre Control Zones in promotions of Inspectors
to the Superintendent of Central Excise.
of Inspectors must be drawn on All India basis: - On 9.12.1996 Hon’ble Apex Court
pronounced the judgement in case of Radhey Shyam Singh & Others Vs Union of
India & Others and quashed the Zonal Selection Process and directed to
Conduct the examinations on All India Basis and thereby make selection on the
basis of All India Merit List. Hence, an
All India Seniority of Inspectors must be adopted effective 1996 before
implementation of Cadre Restructuring, which is also mandated by the DoPT’s OM dated 1986 (copy enclosed). Further, the following points are important
while deciding All India Seniority of Inspectors:-
first batch of Inspector so selected by SSC belongs to 1996, who were selected
after Re-examination taken by SSC based on the above said judgement of the
Hon’ble Supreme Court and none of them have not got promotion in any zone, so
far and thereby providing the hassle-free opportunity to the Board for
implementing All India Seniority of Inspectors from 1996.
had provided “All India Transfer Liability” to the Inspectors of Central Excise
appointed on the basis of Combined Graduate Level Examination 2003, vide
Board’s letter F.No. A. 32022/19/2008 - -Ad.III.A dated 19.11.2010 (copy enclosed).
Accordingly, the OFFICE MEMORANDUM (appointment letter) issued to the
Inspectors (CE) had been amended whereunder the Clause (xi) of the OFFICE
MEMORANDUM (Appointment letter), as mentioned above, has been superseded by the
following clause: - (xi) He/She is granted the provision of “All India Transfer
also provide “All India Transfer Liability” to the Inspectors of Central Excise
appointed on the basis of SSC Graduate Level Examination, 2005 vide Board’s
letter F. NO. A-12034/SSC/2/2008-AD.III(B) dated 28.07.2008 (copy enclosed).
is worthy to mention here that the above mentioned Terms & Conditions shall
necessarily be treated as a part of their service condition and thereby a part
of the Recruitment Rule for the said post, which has not been framed so far, in
a long span of almost 12 Years.
is to submit that, vide Board’s letter F. No. C 18013 /100 /2003 AD. III. B dated 24.10.2007, the post of
Inspector (C. Ex.), Inspector ( P.O.), and Inspector ( Examiner) under CBEC in the pay scale of 6500-10500 re-classified as Group ‘B’ Non-
Gazetted w.e.f. 11.12.2003 but, no Recruitment Rule was made for the newly
up-graded post of Inspector (CE) (Gr. –
B Non-gazetted), so far. The RR for the post of Inspector CE as Gr-B (NG)
should have been made within 03 months in terms of DoPTs guidelines
(Ref:-GUIDELINES ON FRAMING / AMENDMENT / RELAXATION OF RECRUITMENT RULES –
issued by DOPT)
DoPT has also mandated the All India Seniority by way of deleting para 3.5 of
the OM dated 03/07/1986 which provided the
loss of seniority on Zonal Transfer. It was done by the DoPT vide OM dated 11.11.2010.
is noteworthy to mention here that on the personnel policy matters, DoPT being
nodal Department is required to be consulted by all administrative Ministries /
Departments before issuing any instructions / guidelines relating to personnel
policy matters of Central Government Employees. Thus, the OMs/guidelines issued
by the DoPT may please be referred to, which legally and statutorily mandates the
All India Seniority for the Inspectors CE, selected based on All India Merit
list drawn by the selecting agency, i.e. SSC, in the light of Hon’ble Apex Court’s
judgment dated 9/12/1996.
is pertinent to quote here that Para 2.1 of D.O.P.T. O.M. Dated 03.07.1986
stipulates that in accordance with MHA O.M. No. 9/11/55-RPS Dated 22.12.59 “The
relative seniority of all direct recruits is determined by the order of merit
in which they are selected for such appointment on the recommendations of the
UPSC or other selecting authority, persons appointed as a result of an earlier
selection being senior to those appointed as a result of a subsequent
the same, it is quite clear that for all the direct recruits, selected by same
exam, there has to be a single seniority list.
Also in the light of guidelines on Seniority Policy under DOPT’s O.M.
No. 35014/2/80-Estt.(D) dated 7.2.1986 & O.M. No 22011/7/1986-Esstt. Dated
03/07/1986, no junior in selection made through ‘All-India-merit-list’ should
be promoted before his/her senior of the same list. For the same, Seniority of
Inspectors must be drawn on All India basis, effective 1996.
of any Inspector recruited under the All India Merit List, without taking into
account of OMs/guidelines issued by the nodal Department may lead to flood of
litigation and court cases all along.
In view of above, All India
Seniority of Inspectors CE since 1996 batch (joined in 2003) is the only
legitimate and judicious way out to eradicate intra-cadre disparity in
promotion of Inspector CE to the post of Superintendent CE among different
CCAs. This can easily be done by way of promoting all the Inspectors CE who
belongs to Zonal-Selection process i.e. appointed prior to the above said
judgement and for the All India Selection batches, All India Seniority can be
done, without creating any administrative and statutory/legal crisis.
on the Revision of Recruitment Rules of Superintendent of Central Excise and
IRS (C&CE) was sent vide Association’s letter Ref. No. AICEIA/CBEC/RR/2014
dated 11.02.2014 (copy enclosed) should be considered before implementation of
Cadre Restructuring. The key point of
the suggestions on revision of RR of IRS (C&CE) are as under, for ready
address the regional disparity in promotion- The seniority of the officers in
the eligibility list (for promotion to IRS) shall be prepared on the basis of
combine length of service in the grades of Inspector of Central Excise and
Superintendent of Central Excise or Inspectors and District Opium
Officers/Intelligence Officers/Superintendent (Executive) in the Narcotics
Department. Since, the issue of
stagnation is exceptional among all service, to check this issue exceptional
remedies are needed.
improve the number of vacancies available for promotion at the lowest
functional level of IRS (C&CE) and addressing the problem of
Stagnation-Twenty five percent of vacancies in the Grade of Assistant
Commissioner of Customs & Central Excise shall be filled by direct recruitment
and seventy five percent of the vacancies shall be filled by promotion. This is in line with the recruitment rule of
India Postal Service and would increase the promotion prospects of Group-B
cadres due to increase in the number of posts to be filled by promotion, as
well as protect the direct recruits from stagnation.
new organized service be created under the CBEC, for a start even with just
Group “B” executives as part of it, if it is not considered possible
immediately with Group “A” posts also in the new service to tap the vast pool
of skilled and specialized work force available in the CBEC and to ensure
time-bound promotions to these cadres also.
of all Inspectors, who have completed eight years of service: - We seek
upgradation as Superintendent of Central Excise of all Inspectors in the
country who have completed eight years of service. This measure will not entail any significant
burden on the exchequer since in any case Inspectors get entitled for salary of
a Superintendent by way of MACPS on completion of 10 years of service. As far as functional issues are concern, it
is an undeniable fact that in almost all formations of the department there is
practically no difference in the work of a Superintendent and Inspectors of
Central Excise. It is also pertinent to
mention that in 1996-97, an upgradation of Inspectors to Superintendents was
done with the sole purpose of mitigating the condition of stagnation obtaining
then, which wasn’t as grave as it is today.
The copy of Board’s letter dated 10.09.1996 is enclosed herewith.
of three Group “B” Executive Non-gazetted cadres into one cadre: - The Director General (HRD), Customs &
Central Excise also recommended the same saying that this is the most feasible
option, as it has the potential to end forever the problem of inter-cadre
disparities in promotional avenues in the said Inspector grade cadres [Copy of
letter dated 07.05.2014 issued by the ADG (HRM) enclosed]. Letters submitted by this Association bearing F.
No. AICEIA/Merger/HRD/2012/03 dated 19.05.2014 and even no. 02 dated 12.05.2014
is very germane to the issue at hand and the copies of the same are enclosed
herewith for consideration accordingly.
scraping of any move to reduce Residency Period for promotion of Inspectors to
the grade of Superintendents of Central Excise before All India Seniority for
Inspector is brought in and all regional disparities in promotions within the
cadre eliminated permanently.
In view of
the above, it is requested to draw a fresh Minutes of the said meeting with the
details views of the department on each and every point, as discussed in the
said meeting. Further, it is also to
intimate that we have not received the minutes of the meeting held on
19.05.2014 in the office of DGHRD despite our several requests vide
letters F. No. AICEIA/Merger/HRD/2012/04
dated 12.06.2014, AICEIA/Merger/HRD/2014/05 dated 15.07.2014 and letter no. 06
dated 15.07.2014 (copies enclosed).
Hence, we are not sure if any committee/study Group is willing to solve
the issues of regional disparity and stagnation or not. However, we once again request you to redraw
the Minutes of the meeting held on 31.07.2014 keeping in view all the points
submitted during the said meeting and provide the Minutes of the meeting held
As above (Thirteen sheets)
Copy for information to:-
Secretary, Govt. of India,
North Block, New Delhi.
CBEC, North Blok, New Delhi.
The Additional Director General, Center
of Excellence, NACEN, 3rd Floor, Tower-3 & 4, NBCC Plaza,
Sector-5, Pushp Vihar, Saket, New Delhi- 110 017.
CBEC has started the implementation of Cadre Restructuring without taking care
of regional disparity in promotion to the grade of Superintendent, it is high
time to fight for our genuine demands. We are not opposing Cadre
Restructuring as a whole but CR will not be acceptable to us when it does not
address regional disparity among 15 Cadre Controlling Authority and stagnation
in the Cadre. In view of the above, a meeting of all Office-Bearers of
the National Body of the AICEIA has been fixed on 06.09.2014 at New Delhi to discuss
the problem and our line of action. You are,
therefore, requested to send your views on the matter. Meanwhile, some
correspondences have been made with the Chairperson, CBEC and Hon'ble Minister
of State for Finance, Govt. of India on 20.08.2014, copy of the same are
reproduced on the blog:-
Letter to Hon'ble MOS (Finance)
The Hon’ble Minister of State for Finance,
Government of India,
-Cadre Restructuring – Regional Disparities in Promotions of Central Excise
Superintendents – Extreme
Disappointment of Cadre at Continuing Grave Injustice.
Please refer to
Association’s letters AICEIA/CBEC/2014 dated 18.06.2014 and F.No.
AICEIA/CBEC/CR/2014/10 dated 05.08.2014 on above subject.
In this regard,
the following points are submitted for favor of kind attention and
1. Inspectors of Central Excise, having Sanctioned Strength of 17749
(excluding SEZ) [new sanctioned strength after Cadre Restructuring is 20638],
forms the largest and most important nervous system of the indirect tax
administration headed by CBEC, is unfortunately also the most deprived in
respect of prospects for career advancement.
cadre is extremely demoralized and agitated because of their poor
promotional prospects.The majority
of the Officers recruited as Inspectors have to retire as Superintendents
of Central Excise with just one promotion in their entire career of 35-38
poor promotional avenues is totally contrary to the promotional prospects
ofthe cadres of Inspectors of
Income Tax, Preventive Officer, Examiners and Assistant in Central
Secretariat Service who are recruited through the same common examination
conducted by the Staff Selection Commission but who get 3/4/5 promotions.
cadre is facing huge regional disparities in promotions among the 15 Cadre
Control Zones.Inspectors joined in
the year 1989 in Shillong Zone, 1992-1995 in Mumbai, Rajasthan, Lucknow,
Bhopal, Kolkata, Chennai etc. are yet to get their first promotion whereas
in Delhi, Bhubaneshwar etc. Inspectors joined in the year 2002 are getting
promotion to the grade of Superintendent. It causes irreparable damage to
the Department as whole by way of increasing humiliation and
demoralization among the major work-force of the CBEC i.e.Inspectors Central Excise.
5. CBEC notified the allocation of personnel to various
formations as part of the CR exercise vide F.No. A 11019/08/2013-AD. IV
dated 01.08.2014 without first resolving the issues of regional
disparities in promotions of Inspectors to the Superintendent of Central
Excise.It is also pertinent to
mention here that the most stagnated zones have got few posts of
Superintendente.g. Shillong approx.
46 posts, Cochin 10 posts, Kolkata 25 posts, Lucknow 105 posts, Jaipur 137
posts etc. whereas the Inspectors of 1989 to 1995 are yet to get their
first promotion. If the posts of Superintendent vacated by way of
promotion to the grade of Assistant Commissioner will also be counted, the
problem of stagnation will continue to haunt the Inspectors of these
stagnated zones.In better placed
zones like Delhi and Bhubaneshwar where Inspectors of 2002 are already
getting promotions have got approx. 850 posts and 147 posts respectively.These figures clearly indicate that the
regional disparity will increase with greater degree after Cadre
Restructuring if we do not address it this time.
remedial actions to eradicate stagnation, regional disparity, poor promotional
avenues etc. were submitted time to time by the AICEIA to the Board and were
also intimated vide our letter Ref. No. AICEIA/CBEC/Prom Disparities/2014 dated
10.02.2014, AICEIA/Admin/2014/02 dated 09.07.2014, AICEIA/Merger.HRD/2014/06
dated 15.07.2014, AICEIA/CBEC/Resolutions/2014 dated 23.07.2014 and
AICEIA/CBEC/CR/2014/10 dated 05.08.2014 (copies enclosed).We, hereby, submit some remedial actions (in
brief) to eradicate regional disparity in promotion for your kind perusal, and
appropriate directions to the CBEC for implementation of the same before Cadre
Restructuring are implemented in the CBEC:-
up of vacancies of the post of Superintendents of Central Excise arising out of
the ongoing Cadre Restructuring exercise in the CBEC must be done in a manner
which permanently removes the disparities among the 15 Cadre Control Zones in
promotions of Inspectors to the Superintendent of Central Excise.
of Inspectors must be drawn on All India basis: - On 9.12.1996 Hon’ble Apex
Court pronounced the judgment in case of Radhey Shyam Singh & Others Vs
Union of India & Others and quashed the Zonal Selection Process and
directed to Conduct the examinations on All India Basis and thereby make
selection on the basis of All India Merit List.Hence, an All India Seniority of Inspectors must be adopted effective
1996 before implementation of Cadre Restructuring, which is also mandated by
the DoPT’s OM dated 1986.in the light
of guidelines on Seniority Policy under DOPT’s O.M. No. 35014/2/80-Estt.(D)
dated 7.2.1986 & O.M. No 22011/7/1986-Esstt. Dated 03/07/1986, no junior in
selection made through ‘All-India-merit-list’ should be promoted before his/her
senior of the same list. For the same, Seniority of Inspectors must be drawn on
All India basis. All India Seniority of Inspectors CE since
1996 batch (joined in 2003) is the only legitimate and judicious way out to
eradicate intra-cadre disparity in promotion of Inspector CE to the post of
Superintendent CE among different CCAs. This can easily be done by way of
promoting all the Inspectors CE who belongs to Zonal-Selection process i.e.
appointed prior to the above said judgment and for the All India Selection
batches, All India Seniority can be done, without creating any administrative
and statutory/legal crisis.
is also to submit that if Cadre Restructuring in CBEC is attempted to be
implemented without addressing the acute stagnation and huge disparity in
promotions from Inspectors to Superintendents of Central Excise across
different Zones, the problems will only aggravate further. If the junior
Inspectors from better placed Zones are promoted ahead of their seniors from
badly stagnating Zones while filling up thousands of vacancies in the grade of
Superintendents of Central Excise arising out of Cadre Restructuring, may lead
to flood of litigation and court cases all along.Hence, it is matter of prime importance to
address the genuine grievance of the cadre and avoid any future suffering of
is, therefore, requested to kindly intervene into the matter to prevail justice
to the largest cadre of the CBEC.
Encl. As above (Thirteen sheets)
Letter to Chairperson, CBEC
Board of Excise & Customs,
Block, New Delhi-1.
-Cadre Restructuring – Regional Disparities in Promotions of Central ExciseInspectors
Superintendents – Extreme
Disappointment of Cadre at Continuing Grave Injustice.
refer to Association’s letter F. No. AICEIA/CBEC/CR/2014/10 dated 05.08.2014 on
In context to our
above mentioned letter, this Association once again invites your kind attention
to our demands, we have been raising repeatedly and insistently i.e. to address
the regional disparity in promotion of Inspectors of Central Excise to the
grade of Superintendent of Central Excise among 15 Cadre Controlling Zones of
Central Excise. In our above mentioned
letter dated 05.08.2014 (copy enclosed), we have submitted all important
correspondences related to redressal of zonal disparities in promotion to the
grade of the Superintendent.
A study Group hasp recently been formed vide DGHRD letter F.No.
8/B/194/HRD (HRM)/2013 dated 04.07.2014 to study acute stagnation, intra/inter
cadre disparity in promotion in Group-B Executive Grades. Its first meeting held on 31.07.2014 and the
committee has not completed its study on the subject and the Board has rolled
out the implementation of CR without taking consideration of regional disparity
and the report of the study group. If
promotion will be given to any junior Inspector posted at well placed zone
before their seniors posted at stagnated zone without implementation of All
India Seniority, there will be no meaning of the Study Group. It is high time to get away of regional
disparity when we have a large numbers of post of Superintendent in hand.
In view of the above, it is once again requested that the
vacancies in the grade of Superintendents allocated to various zones should be
filled only in the manner that Senior Inspectors from any zones should be
promoted ahead of Inspectors who are junior to them from any other zone, which
will at least enable their seniority in the lower cadre to be protected when
seniority as Superintendents is reckoned, which as per extant provisions is on
an All India basis, and the date of joining as Superintendent is the criterion
for determininginter-se seniority of Superintendents. In the light of
guidelines on Seniority Policy under DOPT’s O.M. No. 35014/2/80-Estt.(D) dated
7.2.1986 & O.M. No 22011/7/1986-Esstt. Dated 03/07/1986, no junior in selection
made through ‘All-India-merit-list’ should be promoted before his/her senior of
the same list. For the same, Seniority
of Inspectors must be drawn on All India basis. All India Seniority of Inspectors CE since
1996 batch (joined in 2003) is the only legitimate and judicious way out to
eradicate intra-cadre disparity in promotion of Inspector CE to the post of
Superintendent CE among different CCAs. This can easily be done by way of
promoting all the Inspectors of Central Excise who belongs to Zonal-Selection
process i.e. appointed prior to the above said judgment and for the All India
Selection batches, All India Seniority can be done, without creating any
administrative and statutory/legal crisis.
This Association has continuously been pointed
out its concerns in all written and oral submissions before the office
side. As a responsible recognized
Service Association, we extended out full co-operation by way of supporting all
types of solutions to solve the critical problems of this cadre but for seer
dismay to this cadre the office side has no space for the points raised by the
staff side as they unilaterally went ahead with the way they wish. At this juncture, the members of this cadre
are forced to ponder that whether the Board considers this cadre as part
of the department or not. So, it is our
responsibility to once again convey you that disappointed and demoralized cadre
will never be good for any administration and non-redressal of the acute
disparity in promotion will make members more agitated.
Madam, in order to achieve better results for our
country, it is necessary to build a great organization with committed &
dedicated work force. For making that
type of organization, effective redressal of grievances of largest work force of
CBEC i.e. Inspector Cadre is essential pre-requisite. Hence, it is once again requested to give an
appointment at your earliest convenience so that we may present our concerns
before you in person and suggest workable solutions to the problems, Cadre is
As above (Two sheets)
Copy submitted to:-
1.The Hon’ble Union Minister of
State for Finance, North Block, New Delhi with a request for an appropriate
intervention in the matter.
2.The Revenue Secretary, Govt. of
India, North Block, New Delhi.