NEW DELHI. CBEC has okayed for a prospective alteration of the feeder ratio for promotion to Group – A, Junior Time Scale in IRS (C&CE) to 13 Superintendents Central Excise, 2 Superintendents Customs Preventive and 1 Appraiser in its Board Meeting held recently.
CBEC has also decided to approach Supreme Court for a clarificatory order for prospective implementation of the said ratio.
Since the logic for revision of ratio is based on the sanctioned strength of the three feeder cadres (Superintendents Central Excise -11507, Superintendents of Customs Preventive -1582 & Appraiser – 859) which was revised long back; All India Association of Central Excise Gazetted Executive Officers is expected to move Supreme Court for retrospective implementation of the ratio.There has been drastic change in ratio of cadre strength of Superintendents since 1997. CBEC had been sleeping since 1997 and it is only in 2011 the ratio has been revised after a dynamic administrator Praveen Mahajan took over as Member(P & V) in CBEC. Praveen is known for her integrity and no-nonsense approach and is also tipped to be first lady Chairman of CBEC in 2012.
Supreme Court in Civil Appeal No.1198/2005 directed the Superintendents of Central Excise, Superintendents of Customs (Preventive) and Customs Appraisers to make representations to the Union of India suggesting the changes as according to them should be made in the Recruitment Rules for promotion to Group-A post of Assistant Commissioner (Central Excise & Customs). It further directed the Union of India to consider such representations including those made before it in the light of subsequent development in the cadre strength of the three feeder categories of Group-B services and amend / revise the Recruitment Rules including altering the existing ratio to secure just and fair representation for all the three feeder categories. The Supreme Court further directed that all ad-hoc promotions made to Group-A shall abide by the final decision taken by the Department.
The following issues were decided by the Board :
(i) Drawal of Common Seniority List for all three feeder Gazetted Executive grades : This is likely to be challenged by the executive cadres as done in W.P. 306/1988 and is not supported by DOPT guidelines.
(ii) Drawal of Common Seniority List of all three Group-B feeder grades on the basis of base cadre seniority : The system was non-workable in view of the wide disparity in promotion from Inspector, Central Excise to Superintendent, Central Excise grade; as also not supported by any DOPT guideline. The suggestion is also administratively not feasible.
(iii) Revision of Promotion Quota on the basis of sanctioned strength : In view of the DOPT’s guidelines (OM No.20011/1/2008-Estt.(D) dated 11.11.2010) revision of promotion quota on the basis of the sanctioned strength of the three Group-B executive grades is the logical way forward and in terms of the existing regular sanctioned strength of each of the grades, the ratio of 13 (Central Excise) : 2(Cus. Prev.) : 1 (Appraiser), with the condition that the said ratio would be revised whenever the sanctioned strength of any of the feeder grade undergoes change is the most plausible manner for resolution of the issue.
A suggestion for implementing the ratio retrospectively from dates matching the alteration in Cadre strength of the feeder categories was also considered. The suggestion was however, fraught with the obvious possibility of reversal of officers at different levels thereby compounding the implementational issues with many of the officers having since retired. Thus in the alternative proposal for implementation of the ratio on a prospective basis was made out.
(source;- AIT News Network - http://www.allindiantaxes.com/ait-news-415.php)