Letter to CC on promotions
Ref No. JCM/01/10
Date:- 30.04.2010
To,
The Honourable Commissioner,
Central Excise, Bangalore –I,
Bangalore.
Respected Sir,
Sub:- Request for convening of the regional council of JCM – reg.
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Please refer this Association letter Ref No.Assn/JCM/09 dated 07.09.09, requesting for participation in the regional council of the JCM (copy enclosed for reference). Please find enclosed herewith a copy of the OM F. No. B.12017/15/2005-AD.IVA dated 04.03.2010, communicating the recognition granted to the All India Association.
2. The last JCM was held on 12.03.09, and thereafter no JCM has been convened till date. It would be relevant to refer to DOP&T’s instructions issued vide OM No.1/7/87-JCA dated 15.04.88, which states that “Where the structure of the Department permits, the Regional/Office Councils are constituted at Regional /Office levels. This Council will also consist of both Official side and Staff side. The strength of the Council will be determined by the size of the employees in a region or office and the Head of the Region/Office will be its chairman. These Councils will deal with regional/local problems. The meetings of the Regional/Office Councils are required to be held at least once in two months.”
3. Since there are several issues affecting the cadre that require consultation/discussion between the Official side and Staff side, it is humbly requested that necessary instructions to convene the regional council of the JCM be issued immediately.
Thanking you,
Yours faithfully,
Sd/-
(M. CHOKKALINGAM)
GENERAL SECRETARY
**************
The Honourable Chief Commissioner,
Central Excise, Bangalore Zone,
Bangalore.
Respected Sir,
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2. As per the Model Calendar for DPC issued by DOP &T vide its OM No.22011/9/98-Estt.(D) dated 08.09.98 read with OM of even no. dated 13.10.98, DPCs should be held at regular intervals to draw panels which could be utilized for making promotions against the vacancies occurring during the course of the Year and concerned authorities are required to initiate action to fill up existing as well as anticipated vacancies well in advance of the expiry of the previous panel. As per the time schedule for convening DPCs an illustrative pattern has been depicted, which clearly shows that for the financial Year 2000-2001 the DPC has to be held by Nov-99, the panel to be approved by January 2000, and the select panel be kept ready not later than 31st March, 2000.
3. Therefore the DPC for the Year 2010-11 should have been held by the end of November-2009, and panels available for all grades by March,2010. Contrary to the above, the DPC for the past years, including that of 2009-10, are yet to be held, due to which more than 50% of the sanctioned posts in the grade of DOS remain vacant for the past so many Years. Owing to this the creation of chain vacancies are blocked, affecting the career prospects severely, in respect of the Officers of the lower grade. Several representations have been submitted by the affected candidates in the past seeking timely promotions. At least a handful of Officers who are due to retire on superannuation during the current Year, had specifically requested that their candidature be considered for promotion to the higher grade, before their retirement. Any promotion which is granted to a person after his or her retirement does not benefit them in any manner and such promotions are only a loss to other potential Officers waiting for promotions below the line. It appears that these obvious facts are being overlooked, as nothing positive has happened over the last two years, in respect of the Ministerial cadre, more particularly in the grade of DOS.
4. It is an acknowledged fact beginning from November, 2007, that about 30 extra vacancies to the grade of Inspector were taken into account and promotions to these vacancies were effected from the lower grades as per the Recruitment Rules of the Inspectors of Central Excise. It is also known that action was taken to review the said review DPC and reversion of the Officers who were promoted in excess was also under consideration. However, the action is yet to attain finality for a period of more than 2½ years. It appears that a time consuming exercise which was carried out for a longer period, is pending without any final outcome. It does not inspire any confidence even today, that something fruitful would emerge in the near future, at a time when the eligible Officers are languishing in the lower grade without getting their rightful/due promotions.
5. It is not the wish of this Association that any Officer should be reverted to a lower grade for no fault of his or her. But if the law of the land has to be followed without causing difficulties to innocent people, the beneficiaries of such unintended benefits will have to face the consequences arising out of such benefits bestowed on them, which were not due in the first place. If the administration wishes that these Officers should not be reverted, then such Officers may be allowed to remain in the grade on ad-hoc basis, temporarily, as there are ample vacancies which are available against the DR quota. There are a few inspectors who are continuing on Ad-hoc basis for the past 4-5 Years. Similar benefits could be allowed to such Officers who are likely to be reverted.
6. At any cost this situation should not continue to hang in balance anymore, while the eligible, innocent beneficiaries are denied their rightful dues, in favour of few others. It is not only important to identify the mistakes occurred in the past and find the reasons for that, it is equally imperative that immediate corrective measures are taken to rectify those mistakes without much delay. As stated earlier, these mistakes have been identified long ago, and necessary action was also taken to rectify them, but the process has not come to a conclusion, due to which the promotion of the eligible STAs to the cadre of DOS has been held up.
7. Initially, the DPC for the Years 2004-05 and 2005-06 for promotion to the grade of STAs were held on 12th October, 2007, the panels of which were not released and put on hold due to administrative reasons. These were subsequently released and orders for promotions were issued on 10th April, 2008, giving promotions with immediate effect, when they could have easily been promoted on notional basis. Though all these officers were eligible for promotion as on 01.01.2007, and there were sufficient vacancies available for considering all of these Officers for notional promotion from the date of completing the qualifying service, they have not been extended such a benefit. Nevertheless, these Officers could have at least been promoted notionally with effect from the date of DPC which was held during October, 2007, which aspect has also not been considered. Similarly, the DPC for the years 2006-07, 2007-08 and 2008-09, were held only in December 2009 and orders issued with immediate effect. These Officers could have also been granted notional benefits from the date of completing the qualifying service/ date of creation of vacancy. By not extending this benefit, all these STAs are not only incurring a monetary loss of about Rs.1000/- p.m., (approximately Rs.12000/- p.a. and Rs.6,60,000/- for 55 officers) for no fault of theirs, but losing one crucial year of qualifying service for promotion to the next grade, i.e., as DOS or Inspector, as the case may be.
8. An institution can achieve all round growth, only when it fulfils the minimum needs of its personnel and their welfare is assured. Unfortunately it is the destiny and fate of the Officers in the Ministerial cadre working in this Zones, to be waiting endlessly to get their due promotions, when so many posts in the higher grade are lying vacant. While this Association is of the firm belief that fruitful consultations can do away injustice, owing to non-consultation the only option left is to allow the administration to function and thereafter bring to notice any violation of rules and regulations/errors committed etc., and take up issues afresh. Till then, considerable damage is caused in terms of the image of the Administration which is now known to each and every Officer working in this Zone, as their career prospects are severely affected by the inordinate delay in getting their timely promotions.
9. The cadre re-organisation of the Commissionerates in CBEC is underway and from information available, it is certain that huge number of posts are likely to be created in the all the grades. Since the existing sanctioned posts in many of the higher grades of the zone remain vacant, sanction of additional posts are not going to benefit any of the Officers of the Ministerial cadre, unless immediate corrective measures are taken on a war footing.
10. It is pertinent to mention here that in Pune Customs & Central Excise Zone, vide an order dated 08.11.09, several Officers in the grade of Tax Assistants have been promoted to the grade of Senior Tax Assistants notionally, with effect from the date of vacancy/completing the qualifying service. Similarly, Tax Assistants in the Delhi zone have also been promoted as recently as on 13.04.10, to the grade of Senior Tax Assistants, soon after completing their qualifying service as on 01.01.2010. It is learnt that some of these promoted Officers belong to the 2006 Direct Recruitment batch.
11. The ADG (DOPM), had in the meeting held with the Office Bearers of the association on 08.04.2010 regarding cadre re-organisation, informed that the proposals are expected to be finalized and issued by 15.05.2010. It is pertinent to mention that there might be a temporary ban on filling up of the vacant posts for some time, before the cadre re-organisation is implemented.
12. Under these circumstances, it is humbly requested that;
(1) the discrepancies in the promotion to the grade of Inspectors which arose in the year 2005-06, be set right immediately, and the eligible candidates alone be promoted without any further delay;
(2) DPC for promotions to the grade of DOS be convened at the earliest and the existing vacancies be filled up immediately by granting notional promotions from retrospective dates;
(3) All promotions to the grade of STAs (from 2005-06) be reviewed consequent to the above action, and notional promotions may be granted from the date of creation of vacancy/completion of qualifying service;
(4) Grant promotions to all the eligible TAs to the grade of STAs immediately;
(5) Promote all the eligible LDCs (who were notionally promoted with effect from 20.09.02 vide E.O. No.35/2010 dated 31.03.10), to the grade of TAs and grant further promotions to those who are eligible.
13. Therefore, it is requested that necessary instructions may kindly be issued for settlement of the above issues on or before 14.05.2010, as orders on cadre re-organisation are likely to be issued by the Ministry by then. We wish to be heard by the Chief Commissioner and therefore seek an audience, at his time of convenience, in order to personally explain the facts and convey the grievances of the members of the Association. Hoping that these legitimate demands will be met, which may help boost the sagging morale of the Ministerial cadre, we remain.
Thanking you,
Yours faithfully,
Sd/-
(T.V. RAJALAKSHMI)
PRESIDENT
Sd/-
(U. MANJUNATH HOLLA)
TREASURER
Sd/-
(M. CHOKKALINGAM)
GENERAL SECRETARY
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KARNATAKA CUSTOMS, CENTRAL EXCISE, SERVICE TAX AND LTU MINISTERIAL OFFICERS' ASSOCIATION, BANGALORE.
Ref No.AGT/03/2010
Date:- 28.04.2010
To,
The Honourable Chief Commissioner,
Central Excise, Bangalore Zone,
Bangalore.
Respected Sir,
Sub:- Circulation of Station Seniority List in the Grade of Administrative
Officers – for Annual General Transfers – 2010 – regarding.
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Please refer to Office letter C.No.II/03/05/2010.Estt. dated 26.04.10, issued by the Additional Commissioner (P&V), Central Excise, Bangalore –I, communicating the Station Seniority list in the Grade of Administrative Officers to be considered for Transfers from and to Bangalore during the AGT-2010, and calling for forwarding of representations on the matter.
2. We regret to bring to your kind notice that this Association has not even been considered worth to be provided with a copy of the above referred letter, as it has been marked to the President, Central Excise and Customs Ministerial Supervisory Officers’ Association, combined Commissionerates of Karnataka, which ceased to exist with effect from 07.08.09. It may be recalled that after merger of the two Ministerial Officers Association, a new association has come into being by the name of “Karnataka Customs, Central Excise, Service Tax and LTU Ministerial Officers’ Association”, which fact was conveyed personally and in writing as well, alongwith the copy of the minutes of the General Body Meeting and the Bye-laws of the Association. Further, the affiliation granted by the All India Association to the Karnataka unit was also conveyed to the Administration, vide this association letter dated 07.09.09. The Ministry had vide letter dated 04.03.2010, communicated the recognition granted to the All India Association.
3. Despite all this, this Association has not been provided a copy of the said letter. This action on the part of the administration is very distressing to say the least. It leaves the association wondering as to whether any action will ever be taken on the various other correspondences submitted to the administration till date, if the association has not at all been taken on board till date. Therefore, it is our humble request that, if the administration is of the opinion that the correspondences received from this association should not be entertained, for whatever reasons, such an opinion may kindly be conveyed to us, so that we will restrain ourselves from making any further correspondences.
4. Apart from the above, it is to state that no consideration whatsoever has been given to the various suggestions of this association, let alone the question of extending an invitation to this Association for a discussion on the subject matter, because the members of this Association are not privileged as like that of the members of other Associations. In this regard, kind reference is invited to this association letters dated 17.02.2010 and 26.02.2010 (copies enclosed for reference). Owing to the various constraints and difficulties faced by the Officers due to transfers, and after considering the aspirations expressed by various Officers of the grade, this association had made a request to the Administration to (a) consider incorporating the various suggestions/amendments to the existing Guidelines and (b) consolidate and issue a revised transfer Guidelines. It is shocking to note that the station seniority list has been issued without even sparing any thought to the said suggestions/request for amendments for inclusion in the Transfer Guidelines.
5. Though the letter communicating the Seniority list has been dated as 26.04.10, it was obviously issued only on 27.04.2010, wherein the deadline for submission of the Proforma has been prescribed as 28.04.10. It may be recalled that during the AGT of 2009, the Seniority list was circulated on 24.03.09, with the last date for submission of the proforma by 08.04.09. Coincidentally, the AGT-proforma, Guidelines and the Station Seniority in respect of the Superintendents and Inspectors were circulated on 24.03.2010, and the last date for receipt of proformas was fixed as 09.04.2010. However, this benefit has not been extended to the grade of Administrative Officer for reasons best known to the administration. Even the Weather man of the country would announce the arrival of a Cyclone/rain/thunderstorm 48 hours in advance to create awareness among the citizens, while the administration has provided less than 48 hours for its Officers to respond to an AGT, as though a parliament question has to be replied after completing the process on expiry of the said deadline. In such a scenario, it would have been better that an AGT order could have been issued directly, without circulating a seniority list or calling for an option from the Officers concerned, and providing with less than 48 hours of time to respond. This association would like to convey the displeasure of the members and also lodge a strong protest for the shoddy treatment meted out to the Officers of this cadre, on this particular issue.
6. Considering the above sentiments, it is requested that this association may please be informed as to whether any amendments to the Transfer Guidelines, as suggested by the association are being considered or otherwise. It is further requested that the last date for submission of the proforma may be extended by a minimum of one week, so that all the Officers concerned could submit their requests for transfers.
Hoping that this request would be considered with the seriousness it deserves, we remain.
Thanking you,
Yours faithfully,
Sd/-
(T.V. RAJALAKSHMI)
PRESIDENT
Sd/-
(U. MANJUNATH HOLLA)
TREASURER
Sd/-
(M. CHOKKALINGAM)
GENERAL SECRETARY
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All Comments/correspondences may be addressed to karccemoa@gmail.com
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