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.

To

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.