Request for immediate DPC since there are no stays in operation

 

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Ref. No: CBIC/45/2020 Date: 15.10.2020

To

1) Shri. M. Ajit Kumar,Chairman, CBIC, New Delhi.

2) Smt. Sungita Sharma, Member (And & Vig), CBIC, New Delhi.

Sir/Madam,

Sub: Promotions – DPC for promotion from Group ‘B’ to Group ‘A’ – issue of AISL from 1.1.2007 - re-designation as Assistant Commissioners - reg.

Ref: Letters of this Association dated 01.06.2020, 11.06.2020 and 22.06.2020 on the above subject.

The All India Executive Committee Meeting of this Association held through video conferencing on 11.10.2020 discussed the regrettable situation of around 2000 posts lying vacant in the Grade of Assistant Commissioners on one hand, while on the other hand there are around 2000 Superintendents of Central Excise who have completed more than 30 years of service from joining as Inspector itself. Every month, Superintendents are retiring without getting even a second promotion in their entire career.

2.1. It is learnt that there is a doubt regarding the implications of the Interim Orders of the Hon’ble Supreme Court in the matter of Jarnail Singh, in respect of promotions from Group ‘B’ to Group ‘A’ in our department, as a result of which the DPC is being delayed. In this regard, we would like to draw your kind attention to the fact that, the matter in Jarnail Singh which is related to reservations, has not affected any other promotions, in any other cadre in our department itself and therefore cannot have a bearing on the Group ‘B’ to Group ‘A’ promotions also. Promotions from Group ‘B’ to Group ‘A’ have been ordered several times even after the Jarnail Singh Case, which is pending since 2011. Hence we do not understand how this could be a reason for delay in conducting of DPC for Group ‘B’ to Group ‘A’ in our department.

2.2. Apart from that, as on date there are no stay orders known to be in operation on DPC from Group ‘B’ to Group ‘A’ in any Courts or Tribunals.

2.3. Further, even if any appeal is pending or is to be preferred by theepartment, but no stay has been obtained in the appeal stage, the existing order of the Tribunal or Court could be implemented subject to the outcome of the appeal.

2.4. Hence, the AIEC of this Association resolved unanimously to urge on the CBIC to order promotions from Group ‘B’ to Group ‘A’ at the earliest.

3. The AIEC meeting also resolved to urge upon the CBIC and the DGHRM to immediately release the All India Seniority List of Superintendents from 1.1.2007 so that there would be sufficient number of persons in the consideration zone for any DPC, considering the number of vacancies lying in the cadre of Assistant Commissioners.

4. The AIEC also resolved to urge on the CBIC to simultaneously pursue the proposal submitted by this Association for re-designation of Superintendents as Assistant Commissioners so that:

(i) All those who are seniors and have put in more number of years of service from the grade of Inspectors but are not in the Consideration zone or even in the AISL as on date due to regional imbalances and/or faulty/non-uniform implementation of circulars related to seniority and promotions in different zones, also get covered and could retire at least as Assistant Commissioners and

(ii) When the Branch B Service proposed in the Cadre Restructuring gets through, we will have more number of posts to cater to the category of those officers in this department who are at the cutting edge, but are otherwise doomed to retire without even a second promotion in their entire career of almost 4 decades.

5. Therefore this Association requests your good selves to give immediate directions to the DGHRM on the above issues so that our members do not retire without even getting a second promotion in their career.

With earnest hopes,

Yours truly,

(R. Manimohan)

Secretary General

Copy for necessary action to:

1) The DG, DGHRM, CBIC, New Delhi.

2) The Commissioner (Co-ordination), CBIC, New Delhi.


(R. Manimohan)

Secretary General