On DPC to post of ACs

Ref. No: CBIC/49/2018                              Date: 10.12.2018

To

Shri. S. Ramesh,

Chairman,

CBIC, North Block,New Delhi.

Sir,

                   Sub: DPC for promotions of Superintendents as ACs - reg.

          The hopes of the members of our cadre have gone up with the juggernaut of promotions starting to move; promotion orders of Principal Commissioners to Chief Commissioners issued last week and preparations started for the DPC from the cadre of Superintendents to Assistant Commissioners started on 4.12.2018.

          The above developments have given room for a reasonable expectation that the long overdue promotions of Assistant Commissioners to senior time scale as Deputy Commissioners, filling up of the regular posts of Assistant Commissioners and filling up of the consequent vacancies in the temporary posts of Assistant Commissioners would be accomplished in the present exercise.

          In the above context, we would like to reiterate some of the points submitted earlier at different points in time and in separate representations, for due consideration while conducting the above DPCs to fill up the regular AC posts and temporary AC posts:

1)     Since regular posts of ACs have not been filled up since 2012 and regularaisations are yet to be effected from 1997, all vacancies may kindly be filled up after the said regularaisations and after moving the eligible officers to senior time scales as DCs.

2)    While filling up of the regular AC posts, due regard may please be given to ensure that the ratio between Central Excise (GST) Officers and Customs are just and fair in terms of the judgment of the Hon’ble Supreme Court dated 03.08.2011 in CIVIL APPEAL NO. 1198 OF 2005 (S.P. DUDEJA & ORS VERSUS UNION OF INDIA & ORS). 

3)    To ensure and establish that the ratio between GST Superintendents and their Customs counterparts is followed in a just and fair manner, it may be ordered that, on promotion no officer from Customs side shall be posted to the GST side (including the customs formations manned by GST Officers) and that all the existing Officers from the Customs side (from the cadres of Appraisers and Superintendent Customs) who are working in GST formations and GST run Customs formations as on date are immediately shifted back to pure Customs formations.

4)    While filling up the temporary posts of Assistant Commissioners, the Superintendents of Central Excise alone may be considered for such promotions since (i) these temporary posts were created only to alleviate stagnation (ii) among the three feeder cadres, only the cadre of Superintendents of GST are the most stagnating and (iii) these posts have been kept out of the RRs for the above reasons.

5)    Since in the SLP filed by the CBIC in Bharathan & Ors, the question of law raised by the department is only whether the judgment of the Hon’ble Supreme Court in N.R.Parmar is to be applied to those who joined prior to 1.3.86 also, instructions could be issued to all zones to revise Seniority lists of those who joined subsequent to 1.3.86 at least and any further revisions could be done subject to the outcome of the SLP.

We wish that the above issues are addressed and consequently a maximum number of Superintendents of GST are promoted as Assistant Commissioners and those who have already completed the stipulated period of 4 years in AC grade are also promoted as DCs.

Thanking you in anticipation,

Yours truly,

(R. Manimohan)

Secretary General

Copy for information and necessary action to:

 The Member (Admin), CBIC, New Delhi.

          The DG, DGHRD, CBIC, New Delhi