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Wednesday, March 28, 2018

Cat and mouse game in DPC- will the cat be out of the bag - finally?


        People have contacted me regarding a message purported to have been circulated by the former SG seeking funds to file an IA in the Hon’ble Supreme Court in support of the Government’s IA seeking permission to hold DPC on adhoc basis.
          Some of them object to his intervention.  Some have asked why he is trying to repeat a statement. Some have asked why he is trying to intervene, when we also have said almost the same.
          The answer is that what we have said is only almost similar to what the Department is praying now.  But it is not exactly similar. It is deceptively similar.
          We ask for adhoc DPC because our seniors need not suffer.  But the moot point is that more seniors to them have been suffering and shall continue to suffer or retire without getting their due promotion due to non implementation of the order of the Hon’ble Apex Court in the matter of N.R.Parmar. So to take care of interests of both sides, we have also advocated that the Department give a time frame to implement the judgment and regularize the ad hoc promotions.
          But we also know that the department has not regularized the ad hoc promotions ever since 1997.  So by just getting the IA admitted, dumping the matter into the list of Civil Appeals, would render the seniors among us aggrieved and justice denied. 
          And it is this mechanism that the former SG wants to support, without putting any condition regarding regularization of the ad hoc promotions within a specific time frame.  If in the previous part of the drama, he played out to get himself promoted, (we all know how many names were left out) this time it is to get his friend to be promoted ahead of those who would be seniors to him, if the seniority is re-fixed as per N.R. Parmar. 
          And that he should now jump out clearly shows the design - Why the IA was filed by the department in the first place and why they have tried to keep him relevant, without deciding on the issue of recognition.
          Let us watch how the game is played out.
           And whether the cat will be out of the bag at least now. 

R. Manimohan,
SG, AIACEGEO


Tuesday, March 27, 2018

A call to have uniformity in cadre management in fixing of seniority


ALL INDIA ASSOCIATION OF
CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
(Representing the Superintendents of C.Ex & CGST)
[Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008]
Secretary General’s Office:
6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018.
President
Sanjay Srinivasan
 
 
Vice Presidents: 
Prabir Mukhopadhyay
Sanjay Kumar 
K.S. Kumar
P.K. Jaishankar Iyer
Ashok Bansal
 
 
Secretary General 
R. Manimohan
(09443063989)
 
 
Asst Secy General 
Shishir Agnihotri
 
 
Joint Secretaries:
Kousik Roy
D. S. Thakur
Malkit Singh  Kalugasala Moorthy
Sandip Panvalkar
Hemant Ghosal
Venkatraman Hegde
S.K. Yadav
 
Core Committee:
R. Chandramouli
Tirthankar Pyne
Ajit Kumar K.G.
G. Srinath
 
Office Secretary:
K.R.Dinesh Kumar
 
 
 
 
 
Ref. No: CBEC/14/2018                                              Date: 26.03.2018
 
To
Smt. Vanaja N. Sarna,
Chairman, CBEC,
North Block,  New Delhi.
 
Shri. S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
 
Respected Madam/Sir,
Sub: Urgent need to reinforce uniformity in cadre administration between zones – reg.
The lack of uniformity in the method of fixing of seniority of DRs and PRs, before and after the implementation of the decision of the Hon’ble Apex Court in the case of N.R.Paramar is yet to settle.
In the meanwhile, it has come to light that there has been similar differences in the matter and manner of implementation of the concept of ‘Own Merit’ and ‘Catch up rule’, between the General and Reserved Candidates, in various zones, ever since 2002-2003.  This appears to have been highlighted by the CCO, Bhopal also, vide their letter F.No.II(03)32/CCU/BZ/2017/17531-17532 dated 02.02.2018 addressed to the DG, DGHRD, CBEC with a copy to the Under Secretary (Ad. II. B), CBEC.
We are also given to understand that disputes regarding the differences in the manner of fixing of seniority in different zones are leading to more and more litigations among the cadres because it has a great bearing upon the All India Seniority of the Superintendents.  In an already stagnated cadre, with wide inter-zonal disparities, the non-uniformity in principles of fixing of seniority leads to more disparities and heart burns and brings down the morale of the Officers.
Hence, it is requested to take urgent steps to provide a uniform method of fixing of the seniority on account of the above issues, in all the zones so that litigations are avoided and the cadres bearing the department on their shoulders are not put to mental and financial strains and administration is not carried away by pressure groups.
Yours truly,
 
(R. Manimohan)
Secretary General
 

 

Saturday, March 24, 2018

A STEP CLOSER TO DPC



               The CBEC appears to have understood the legal reality that without getting a permission from the Hon’ble Supreme Court, DPC cannot be conducted for the post of ACs, when the seniority list stands quashed by a CAT Order, upheld by the Hon’ble High Court. Accordingly an application is understood to have been filed by the UOI in the Hon’ble Supreme Court seeking to conduct DPC on an adhoc basis and to regularize it on the basis of the outcome of the Appeal.

              People who have pushed the previous Member (Admn) into a position of inviting contempt notice, once again had been crowing that a stay over the contempt proceedings alone is enough to go ahead with DPC even when the SLP was pending before the Hon'ble Supreme Court, without any stay of the order of the lower court.

We are happy that atleast now, our repeated pleas have been heard (last made on 19.03.2018) posted previously in this blog. Thus, CBEC have taken a proper step towards conducting DPC. 
            The larger interests of the cadre, however demand that the CBEC also should get the matter heard and disposed off quickly and recast the seniority list accordingly so that by getting the SLP converted into  a Civil Appeal and putting it in cold storage, it does not become a case of ‘Operation success, but patient dead’.

The other development, at Jabalpur CAT, where a stay of DPC has been ordered upto 13.4.2018 also requires to be handled by the CBEC with equanimity and equality.  The CCO Bhopal have correctly pointed out in one of their letters that there is no uniformity in following the procedures or law regarding catch up principle or own merit concept in various zones in the CBEC and have requested the DGHRD to convene a meeting of the Zonal Chiefs to arrive at a consensus.
            Immediate action on that front also, in a legal manner, without giving in to emotions of pressure groups, is the need of the hour.
 
R. Manimohan
SG, AIACEGEO

Tuesday, March 6, 2018

Recognition accorded by the cadres
















Dear friends and comrades,

From various parts of the country, our members and office bearers at unit levels have sought the details of participation of Superintendents all over India in the Demands Day observed on 28.02.2018.

Accordingly, it is ascertained that all the 22 units which have given their letters/declaration of support to this AIB had conducted the Demands Day on 28.02.2018 in a very successful manner.  Select photos were already posted in the previous post. Some more received later have been posted above.

These 22 units are (as per alphabetical order): Aurangabad, Bhopal, Chandigargh (Entire Punjab, Haryana, J&K), Chennai, Chhattishgarh (Raipur), Coimbatore, Goa, Gujarat (Surat & Daman), Jabalpur, Jaipur (Entire Rajasthan), Karnataka, Kerala, Kolkatta (Entire West Bengal, Sikkim & Andaman & Nicobar) Madurai,  Malwa (Indore and Ujjain), Mumbai, Nashik, Pune, Salem, Tirunelveli, Trichirapalli and Vidharba (Nagpur).

Apart from the above 22 Units, the Superintendents of Odissa Unit also participated in the Demands Day, though they are yet to take an official stand regarding supporting our AIB.

In all the above units, Superintendents wore Black Badges and lunch hour demonstrations were held at all Headquarters Offices in these places. The other cadres of Group C to promotee Group A also participated in these agitations.

The only two places where Demands Day was observed but where Superintendents did not participate were Lucknow and Andhra Pradesh and Telengana.  Though the other cadres in these units participated in the Demands Day as per the COC call, our office bearers of these units there could not participate because they had just recently taken office after elections and had not yet ascertained opinion of their members regarding supporting our AIB or not.

In Kolkata, though a faction had been creating rumors all over India using Whatsapp as if they were in big number there and in spite of their repeated assertions that their leader Sh. Ravi Malik had not given any call for the agitations and therefore members should not join the agitations, the Superintendents in these three states under the Kolkatta Unit, participated massively in the Demands Day.  Only 14 out of the entire strength of Superintendents of 1200 are said to have REFUSED TO WEAR THE BLACK BADGES.

The protests in Mumbai gained wide media coverage in spite of other important events in Mumbai on the same day.

In some of the remote places where the Black Badges could not be distributed in time, the Superintendents had taken print out of the same and wore them on that day.

Even in formations where two or three officers were working, Demands Day was observed by them by wearing Black Badges.

In most of the Units, the Office Bearers had hardly to do any mobilization for this phase of the agitation.  In fact in many parts of the country, the members were only insistent that the call should not be withdrawn at the eleventh hour as had happened in the past.

Members have been very eager to launch the next step in the agitations.  The COC is to meet this month and decide on the next course of action.  

The members all over India, by their massive participation in the above Demands day, in spite of the letter of the Board threatening action and in spite of repeated declarations by the previous SG (who claims to be the SG even now) that he had not given any call for such protests, have demonstrated which is the legitimate All India Body representing the Superintendents of Central Excise in the CBEC.  This is more than any submission of DDO Certificates, support letters etc.  This is the real recognition – from the members.

Further, 9 other All India Associations and their cadres have also recognized us by participating along with us in the Co Ordination Committee and in the Demands Day.  They are the two Associations representing the Havaldars (in Central Excise and Customs), 3 Ministerial Associations (1 of Central Excise & Service Tax and 2 of Customs), Drivers Federation, All India Central Excise Inspectors Association, Appraisers Association and the IRS (IDT) OA representing the promotee IRS Officers.

Thus all the Associations in the CBEC representing the Group C, Group B (Gazetted and Non-Gazetted) and Promotee IRS (with the exception of only the Preventive Services Federation) have shown their faith in our organization. This is because, they know that our members are strongly with us, at the ground level. That is the real recognition – from all other cadres in the CBEC.

With the intelligence agencies at their command, the CBEC could not have missed these points.  If they continue to give the illegitimate claimants the liberty of representing on behalf of our cadre, then that would clearly indicate vested interests at play.


Long live Association and the spirit to safe guard our legitimate rights.        

Thursday, March 1, 2018

Demands day observed with great spirit and fervour all through out India



























































Dear Comrades and friends,

Congratulations to each and every one who participated in the agitation programme of Demands Day on 28.02.2018.

Photos from some quarters are given above which give a rough idea of how the demands day was observed in various parts of the country.

Elements inimical to the interests of the cadre had tried to sabotage the programme.  But the cadre came out in full support to get themselves heard.

And yes, we shall be heard.

Otherwise, we will have to think on the further course of action.

Long live unity and long live the spirit of Association.

with fraternal greetings,
R. Manimohan,
SG, AIACEGEO


Congratulations, celebrations and retrospection.

 Dear Member and Friends, Hearty Congratulations to all the Superintendents who are promoted as Assistant Commissioners in the order dated 1...