Letter to the chief Commissioner on AGT Policy

KARNATAKA CUSTOMS, CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICERS' ASSOCIATION, BANGALORE.

Date:- 22.03.2011

Dear Members,

A copy of the letter submitted to the Chief Commissioner, Central Excise, Bangalore Zone, Bangalore, requesting for certain amendments in AGT Policy of Administrative Officers, is placed below for information.

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Ref:- AGT/01/2011                                                                          Date:- 27.01.2011



To,
The Chief Commissioner,
Central Excise, Bangalore Zone,
Bangalore.


Madam,

Sub:- Annual General Transfers –Guidelines for transfer and postings

in the grade of Administrative Officers –amendments – reg.

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Please refer to the Transfer guidelines, 2005, circulated vide Office letter C.No.II/3/9/2005 Estt. dated 01.03.05 for the grade of Administrative Officers and subsequent amendments issued vide C.No.II/3/8/2006.Estt dated 11.07.06 and 13.07.06 and C.No.II/03/04/2007 Estt ‘B’ dated 23/5/2007. In this regard, this association wishes to submit the following points for consideration and inclusion in the guidelines before the ensuing AGT:-

(i) Kind attention is invited to para (f) of the Guidelines, which deals with the postings on deputations. All such deputations are for a initial period of three years extendable by two years. However, deputation allowances are allowed only upto the fourth year and hence it is requested that the extension of deputation for the fifth Year may not be granted in normal circumstances. Extension may be allowed only in special circumstances, on the condition that such Officers on return from deputation shall be posted outside Bangalore if they are due, as per the station seniority list. Therefore, the following addition may be incorporated to the para (f).

“Applications/willingness for deputation in respect of Officers who have returned from outstation posting shall be considered on priority. All such deputations will be for a period of three years extendable by one Year (i.e., upto four years only). Extension for the fifth year will not be allowed in normal circumstances. Officers who are granted extension for fifth year under special circumstances, are liable to be posted outside Bangalore if they are due as per the station seniority list, on completion of their tenure, even during the middle of the Year, in accordance with the station seniority list.”

(ii) Kind attention is invited to para 4 of amendment issued vide letter C.No.II/3/4/2007.Estt. dated 23.05.07, wherein it has been decided that until such time a countrywide uniform policy is framed, the minimum tenure for an Administrative Officer in LTU shall be two years. This Association had vide its letter Ref.No.AGT/01/2010 dated 17.02.2010, requested for treating the tenure of any Ministerial Officer posted to LTU as just like any other posting among the formations within Bangalore and requested for suitable amendments in the policy. However, no such amendments were issued.

In this regard, it is to state that in the case of Executive Officers, it has already been decided that the tenure of posting to LTU will not be counted towards outstation tenure w.e.f AGT 2010. Therefore, it is humbly submitted that the postings to LTU, Bangalore in respect of Ministerial Officers i.e., Administrative Officers also, the tenure of posting to LTU be treated just like any other posting among other Commissionerates without any fixed tenure and the same may not be counted towards outstation seniority in respect of these Officers. Therefore it is requested to kindly make suitable amendments/addition in the guidelines to this extent.

(iii) At present there is no specific policy for posting of Administrative Officers to Bangalore Customs and it is being done on the basis of seniority. The nature of work in the customs formations and headquarters is stressful for various reasons. The formations like ACC have 6 days week and have to cater to large number of Officers compared to that of other formations on the Central Excise side. The ICD is located in whitefield and those who are posted there has to travel a lot. Therefore, it is felt that the postings to these formations i.e., Customs may be made after calling for willingness from all Officers. It is also suggested that the Officers who are on the verge of their retirement (preferably three years from the date of their retirement) may not be considered due to the stress involved in the nature of duties. It is also requested to have a fixed tenure of four years in Customs, similar to that of Executive officers and other Ministerial cadre, which is being followed presently. Therefore, it is requested that the para (g) of the Transfer guidelines may please be amended accordingly.

(iv) Further, kind attention is invited to the amendment of the AGT Policy of 2005, issued vide C.No.II/3/8/2006.Estt. dated 11.07.06 where it has been stated that “Further, the tenure of two years/ one year outside Bangalore should be completed without taking any leave more than what is falling due in two years / one year and non-compliance will lead to continuance of the outstation posting beyond the said tenure.” In this regard, it is to state that after the implementation of 6th CPC, female officers are eligible for availing child care leave upto 2 years subject to certain conditions. Therefore the said clause for computation of tenure during the outstation tenure, after availment of leave which is referred above, requires modification and it is requested to consider amending the same by incorporating a new clause as under:-

The tenure of two years /one year outside Bangalore should be completed without taking any leave more than what is falling due in two years /one year, which includes a maximum of 45 days of Child Care Leave per year, and non-compliance will lead to continuance of the outstation posting beyond the said tenure.

(v) It is seen that the orders of AGT in respect of the grade of Administrative Officer does not specify the reasons for retaining an Officer who is due for outside posting as per the station seniority list. In this regard, it is submitted that the Transfer guidelines should be adhered to strictly. In any case, if there is a deviation from the guidelines and the station seniority list due to which an Officer is granted retention on administrative exigencies or personal/medical grounds, it is requested that as a measure of transparency, the reason (Administrative or personal) for such retention may be specified in the AGT order itself.

It is requested to kindly consider these suggestions and issue suitable amendments to the Transfer guidelines. As the AGT policy have been amended several times since the Year 2005, it is requested to issue a revised/ consolidated Transfer Guidelines, incorporating all the amendments made to the policy till date and the ones suggested hereinabove.

Thanking you,

Yours faithfully,

Sd/-

(M. Chokkalingam)

General Secretary

All Comments/correspondences may be addressed to karccemoa@gmail.com