Blocking of promotional prospects of Inspectors by filling up the vacant post of Superintendent in Jaipur Zone through Inter Commissionerate Transfer

 

Friends, this is a most important issue that I would like to address you is “the Blocking of promotional prospects of Superintendent Central Excise by Posting Superintendent of other zone on Inter Commissionerate Transfer basis against the vacant post of Superintendent of Central Excise in Jaipur Zone”.

It has also came to our notice that one Superintendent of Mumbai zone has applied for Inter Commissionerate Transfer to Jaipur Zone on the basis of CBEC's recent circular issued vide F. No. A.22015/19/2006-Ad.III.A dated 27.03.2009 against the vacant post of Superintendent which should have been filled up by promoting inspector of Central Excise Jaipur Zone. The case is in the process of approval with the administration. If such a practice comes into existence the hapless inspectors of Central Excise would never think of promotion.

The RR rules for Superintendents stipulate that the Superintendent post under a particular carder controlling authority shall be filled by promotion from amongst the inspectors on the strength of that particular cadre controlling authority. There is no deputation post/ICT  in the cadre of Superintendent in this Zone.

More than 50% of Inspectors in Jaipur Zone are waiting for promotions after putting in regular service of about 15 to 20 years and this will not only block the promotions of the Inspectors recruited on the strength of Jaipur Zone but will also be illegal and unjust on the following grounds :- 

I.            The post of Superintendent of Central Excise, ‘Group-B’ is a Gazetted post to be purely filled through promotions from the feeder cadre of Inspectors of Central Excise, only.  Therefore, the persons being considered for ICT in the cadre of Superintendent of Central Excise ‘Group B’ will certainly block the promotional avenues of our Cadre

II.            The Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, New Delhi , vide Office Memorandum No. AB 14017/71/89-Estt. (RR) dated 03.10.1989 have issued consolidated instructions in cases where the appointment is to be made on transfer basis or transfer on deputation basis including short term contract.  The said office memorandum is applicable only for the posts where the vacancies existing in a particular Cadre can be filled on appointment on transfer basis or transfer on deputation basis including short term contract.  This is not the case in the Cadre of Superintendent Group B posts in our department as these posts are to be filled by promotion only.  As sufficient number of eligible officers is available in our zone, a vacant post in the cadre of superintendent can be filled immediately.  If any ICT/ deputation is allowed against a vacant post meant for promotion, it will jeopardize the rights of the senior most Inspector of our zone who is otherwise going to be considered for promotio.

III.            The Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, New Delhi , vide Office Memorandum No. AB 14017/30/2006-Estt. (RR) dated 29.11.2006 have issued instructions on implications of overstay while on deputation.  The terms and conditions of deputation are thereby devised to be governed strictly.  As per the instructions, if the borrowing organization likes a relaxation from these terms, they should obtain approval of the DOPT prior to the start of deputation.  This assumes much importance in the wake of acute stagnation problem in the Cadre, when the unauthorized deputations are being allowed by blocking the promotions of senior most Inspectors.

IV.            The Board Office letter F. No. B – 12017/28/2008-Ad.IV.A dated 07.10.2008 in the context of Minutes of the Meeting/Interaction of Chairman, CBEC with the All India Central Excise Inspectors Association is relevant in this case.  The Association recorded request at Point No. 5 for revival of ICT on request or alternative mechanism instead of deputations.  The Board informed that in view of the large number of problems being faced on account of disputes pertaining to seniority etc., ICT is feasible only with All India unified cadre with All India transfer liability.  When requested that pending resumption of ICT, the deputations from one cadre to another, for which the provision exists, may be considered on liberal basis, the Board informed that this would be examined.  Even if there are any instructions on liberal consideration of requests for deputation these are to be implemented with respect to the Cadre where the provision for such deputation exists.  However, in the Cadre of Superintendents, these provisions do not exist and the promotional avenues of the feeder Cadre could not be blocked.

Friends, the issue is more important than the AGT and to discuss the issue in depth, it is essential to call a General Body Meeting. Therefore, I request all of you to express your views on the issue. 

Further,the progress made in the membership drive, deduction of contribution towards membership fee, DDO certificates/preparation of electoral roll for election of the officer bearers of the Association is also required to be discussed in the meeting. The association needs to be strengthened and taken to grass root level for which election needs to be completed at the ealiest.  The association being  a recoganised body under the CCS (RSA ) 1993 is bound by the Rules and the constitution. The election to elect the office bearers of the Units  ,Branches and Circle office bearers have to be conducted as per the constitution. Therefore, the amended constitution of the Association will be placed before the august body for their approval. 

 A formal notice/ agenda for General Body meeting is being issued separately, in consultation with general members/ members of Circle executive committee.