ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION CHENNAI BRANCH: March 2015

Tuesday, 31 March 2015

Monday, 30 March 2015

letter to CC dated 30.03.2015

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION

CHENNAI BRANCH

(Formerly All India Federation of Central Excise Executive Officers)

Affiliated to the Confederation of Central Government Employees & Workers Recognised by Ministry of Finance

(vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07)

Address for Correspondence:

121, Nungambakkam High Road,

Phone : 09791027999 Chennai-600034

President: Lokesh Kumar Singh General Secretary: P. Karunakar Reddy

Dated : 30.03.2015.

The Chief Commissioner of Central Excise

Cadre Controlling Authority

Chennai Zone, Chennai 34

Sir,

(By FAX)

Sub : Consequential Vacancies - Promotion to the grade of Superintendent – Reg.

* * * * *

In continuation to the earlier letters on the above subject, the following few lines are submitted for kind consideration of the Chief Commissioner.

1. In respect of the present cases pending at CAT, Chennai the department has submitted before the Hon’ble CAT that the DPCs held for promotion to the grade of Inspectors from the year 2002 onwards are to be reviewed in light of Board’s Instructions vide letter F.No.C-18013/25/2004 dated 04.10.2004 to implement Hon’ble Mumbai High Court order dated 17.10.2003, but not being done due to the pendency of SLP CC No.5272-5284/2008 before the Hon’ble Supreme court in the case of Shri. A. Karunanithi.

2. The said SLP along with other bunch of cases was decided by the Hon’ble Supreme Court on 26.03.2015 in CA.No.2485-2490/2010. Vide the said order Hon’ble Supreme Court has upheld the Recruitment rules of Tax Assistant and Senior Tax Assistant. This order is not directly related to the review of DPCs of Inspectors as the proposed review is based on Recruitment Rules of Inspectors.

3. An other case in SLP No.22916 and 22917 of 2009 filed by Shri.P.S.Narasimman, Erstwhile ministerial officer of Chennai Custom House challenging the Inspector RR and Operation of Clause 12(b) of the Inspector RR and applicability of Hon’ble Mumbai High Court judgment dated 17.10.2003 has been de-tagged from the cases in CA.No.2485-2490/2010 and the said SLPs have not been taken up for hearing so far and the decision in the above said SLPs may have an impact on the review proposed and present batch of cases pending in Hon’ble CAT, Chennai.

4. Also The Hon'ble Andhra Pradesh High Court vide order dated 2.3.2005 in W.P.No.7963/2004 had directed the department to fill up the vacancies in the cadre of Inspector of Central Excise in respect of the vacancies which arose prior to 7.12.2002 in accordance with the then existing Recruitment Rules. The Board vide letter F.No.32022/70/2003-AD.IIIA dated 26.9.05 communicated that the said orders were accepted and issued directions to all the Commissionerates to take similar action for identical cases in their jurisdiction.

5. Also the Board has been issuing various letters viz a) F.No.32022/70/2003-AD.IIIA dated 26.9.05, b) F.No. 32022/70/2003-AD.IIIA Dated 17.5.2006, c) F.No. 32022/70/2003-AD.IIIA Dated 19.07.2006, d) F.No.A.34011/16/2003-Ad.III A dated 2.2.2006, e) F.No.A.32033/41/2006 Ad.III A dated 23.07.2007, addressed to the Commissioner, Customs House, Mumbai, f) F.No.C-18013/25/2004 Ad.III B dated 4.10.2004 etc, for implementation of various judgments of Hon’ble CATs and Hon’ble High Courts.

In view of the above it is requested that since the case of CA.No.2485-2490/2010 is settled vide order of the Hon’ble Supreme Court dated 26.03.2015., now the department may like to review the DPCs from the year 2002 onwards as per the Judgments of Hon’ble Mumbai High Court and also Andhra Pradesh High Court on the issue read with the directions given by the Board from time to time.

The selective implementation of Hon’ble High Court orders and boards letters may further lead to judicial disputes and would disturb the harmony among the officers. Hence it is requested that a comprehensive review may be carried out implementing all the judgments read with the Board’s directions in this regard. In this regard reference may be drawn to the ESTABLISHMENT ORDER NUMBER 188 /2013 DATED 21.11.2013 of the COMMISSIONER OF CENTRAL EXCISE, BANGALORE – I, wherein a comprehensive review was carried out.

It is requested that the matter may be taken on top priority and the chief commissioner may like to give an appointment to the undersigned to put forth all the issues related to the present dispute.

Yours sincerely,

(P.KARUNAKAR REDDY)

General Secretary

Copy to the Secretary General / President, All India Central Excise Inspector’s Federation.

Copy to the General Secretary,

AICEIA Zonal Units, Tamil Nadu.

Thursday, 26 March 2015

Supreme Court judgement in case of TA&STA RR.

Wednesday, 25 March 2015

LETTER TO CC REGARDING DPC

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION

CHENNAI BRANCH

(Formerly All India Federation of Central Excise Executive Officers)

Affiliated to the Confederation of Central Government Employees & Workers

Recognised by Ministry of Finance

(vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07)

Address for Correspondence:

121, Nungambakkam High Road,

Phone : 09791027999 Chennai-600034

President: Lokesh Kumar Singh General Secretary: P.Karunakar Reddy

Dated: 24.03.2015

The Chief Commissioner of Central Excise

Cadre Controlling Authority

Chennai Zone, Chennai 34

Sir, (By FAX)

Sub: Consequential Vacancies - Promotion to the grade of Superintendent – Reg.

* * * * *

It is learnt that the case filed by few Inspectors in CAT, Chennai in connection with holding DPCs has been adjourned to 7^th of April 2015 with out any specific direction to Department. In this regard it is requested that the DPC may be convened at the earliest before 31^st of March 2015 ie before end of the vacancy year 2014-15.

It is also learnt that the office bearers from All India Central Excise Inspector Association have approached the Member (P&V) on 23.03.15 and brought to the notice about the delay in holding DPC at Chennai CCA, and the Member (P&V) has given suitable directions to hold DPC immediately.

If the DPC is convened before end of the vacancy year there is a possibility of regaining lost seniority wrt other zones. However if the DPC is not convened and orders issued by 31^st March 2015 we will be in disadvantageous position and it may not be possible to seek re-fixation of seniority wrt other zones within the same vacancy year.

Further it is also learnt that the reduction in qualifying service of inspectors to three years for promotion to the grade of Superintendent, by amending recruitment rules of Superintendent, is in advanced stage and if that is implemented from next vacancy year then the whole of the Tamilnadu and Puducherry cadre who have rendered more than 12 years of service in the cadre of inspector would be in danger of being placed along with or junior to other well placed zones like Delhi, Bhubaneswar, Bangalore, Ahmadabad etc who have far less service in the cadre.

In order to avoid future litigations and to render justice to the stagnated cadre it is again requested that the matter may be taken on priority and convene DPC immediately.

Thanking you,

Yours sincerely,

(P. KARUNAKAR REDDY)

General Secretary

Copy to: the Secretary General / President, All India Central Excise Inspector’s Federation.

Copy to: the General Secretary, AICEIA Zonal Units, Tamil Nadu.

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION

CHENNAI BRANCH

(Formerly All India Federation of Central Excise Executive Officers)

Affiliated to the Confederation of Central Government Employees & Workers

Recognised by Ministry of Finance

(vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07)

Address for Correspondence:

121, Nungambakkam High Road,

Phone : 09791027999 Chennai-600034

President: Lokesh Kumar Singh General Secretary: P.Karunakar Reddy

Dated: 20.03.2015

The Chief Commissioner of Central Excise

Cadre Controlling Authority

Chennai Zone, Chennai 34

Sir, (By FAX)

Sub: Consequential Vacancies - Promotion to the grade of Superintendent – Reg.

* * * * *

It is with deep regret the Chennai Branch of the All India Central Excise Inspector’s Association bring the following to the attention of Chief Commissioner of Central Excise.

In spite of several representations both in writing and in person, DPC has not been convened. Due to delay in conducting DPC, the eligible Inspectors of Tamil Nadu have lost

1. Their all India seniority in the Superintendents cadre.

2. Monetary benefit that would have accrued to them on fixation of pay on promotion.

3. The entitlement to higher grade pay of Rs.5400/- on completion of 4 years of service as Superintendent is also getting postponed. As on this day due to the delay, the Officers who are going to retire during the period from October 2018 to March 2019 will retire without reaching the Grade pay of Rs.5400/- thereby resulting in a perpetual loss of Rs.300/- in the Basic Pension. Added with Dearness Relief the said loss would be a huge amount after retirement. It is needless to say that in further revision of pension by Pay Commissions, the loss would be huge.

In other zones the DPC for the vacancies arising in the year 2015-16 are being conducted as per the existing directions. This situation leads to the possibility of the Inspectors of Tamil Nadu becoming juniors to the Inspectors of other zones who will get their promotion against the retirement vacancies of 2015-16.

The administration has effectively spoiled the career progression of more than 300 Inspectors of Tamil Nadu all of whom have served the Department for more than 20 years or above. This association is wondering as to why the DPC is not being conducted when there seems to be no obstacles for holding DPC. In other departments the department will urge the courts to clear way for holding DPC and give promotions but in our department it is other way and trying not to give promotions. This shows the attitude of the department towards participatory and inclusive governance. With this kind of handling of the issues the department cannot expect for better performance from the officers.

Yours sincerely,

(KARUNAKAR REDDY)

General Secretary

Copy to: the Secretary General / President, All India Central Excise Inspector’s Federation.

Copy to: the General Secretary, AICEIA Zonal Units, Tamil Nadu.