Dear Comrades,

Date: 01.05.2013

Good morning to every one of you. Please find enclose herewith some attachments for your information and comments as well. I think what has been said in the Judgment applies to all the recruitments made across the country in any of the Central Government Service.

There are some citations in the Judgment and these judgments support our view points that Seniority list of the Inspectors should be maintained on All India Basis and where ever recruitment is by of Promotion, necessary changes should have been made in the recruitment Rules.

It is clearly provided in the RR handbook that these should be reviewed and amended every five years. As for as inspectors are concerned they are Group B officers after 2004 and authority for framing RRs for Group B Officers is DOPT and UPSC and not CBEC.

Thus RRs for inspectors should have framed and reviewed as early as 2004 but RRa for inspectors still classify inspectors as Group C Officers and if you go through special provisions given in RR4, no inspector can be posted outside a commissionerate without the permission from Board.

All of u r requested to kindly go through the judgment and sent me your comments on the same. I request all Superintendents and Inspectors of Central Excise to kindly contribute at least one day salary and fill a very strong case in the Supreme Court.

It is heartening to note that Examiners of 1990 Batch are already Assistant Commissioner, whereas our brothers of 1988 batch in Shillong Zone are still waiting for their first dream promotion and authorities concerned are insensitive to such an important issue. Inspectors and Superintendents please contribute at least a one day salary for the purpose if not two days. We are being humiliated and tortured by the

authorities concerned in order to appease examiners and appraisers. Please awake and enlighten yourself now. Encl: 1. Hand Book on Recruitment Rules 2. Superintendent of CE Recruitment Rules 3. Supreme Court Judgment on All India Selection 4. Earlier letter dated 16.04.2013

Comradely yours RC Sharma, President Team AICEIA Circle Chandigarh

ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION CHANDIGARH CIRCLE

(Comprising: Central Excise, Customs & Service Tax Commissionerates in Punjab, Himachal, J&K and Chandigarh)
Office Address : Room No 7, Central Revenue Building, Sector 17-C, Chandigarh th H.O :15/1 Strand Road, Custom House, M.S.Building, 7 floor, Kolkata-700001
{Recognized by Ministry of Finance vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08}

R. C. SHARMA

Web Page : www.aiceiachd.blogspot.com BHAGWAN SINGH

GENERAL SECRETARY MOBILE NO. 9872703835 E Mail: gillbs_887@rediffmail.com DATED: 16 /04/13

PRESIDENT MOBILE NO. 8054635014 E Mail: ramesh659524@yahoo.com

REF. NO. AICEIA CHD CIRCLE/PRESIDENT/ 28 /2013

ADDRESS FOR CORRESPONDENCE: SH. MUNISH ARYA, OFFICE SECRETARY Room No. 519, 5th Floor, Central Revenue Building, Plot No. 19, Sector 17-C, Chandigarh

Dear Comrades, Please find enclose herewith a Judgment by Honble Supreme Court of India, in a writ petition filed by a person namely S. Radhey Shayam Singh, who appears knowledgeable and learned person. In the petition the Recruitment Process by Staff Selection Commission of India on Zonal/ Region basis was challenged and Honble Apex Court not only took cognigence of the same but also directed Union of India that in future all the selections are to be made on All India basis. The operative part of the Judgment is reproduced below:10. The argument advanced by the learned counsel for the respondents

WORKING PRESIDENT

TILAK RAJ 9988379986

Asstt. General Secretary

H. L. KAUL

Liason Secretary

VINOD KUMAR 9417337876

that this process of zone-wise selection is in vogue since 1975 and has stood the test of time cannot be accepted for the simple reason that it was never challenged by anybody and was not subjected to judicial scrutiny at all. If on judicial scrutiny it cannot stand the test of reasonableness and constitutionality it cannot be allowed to continue and has to be struck down. But we make it clear that this judgment will have prospective application and whatever selections and appointments have so far been made in accordance with the impugned process of selection shall not be disturbed on the basis of this judgment. But in future no such selection shall be made on the zonal basis. If the Government is keen to make zonewise selection after allocating some posts for each zone it may make such scheme or rules or adopt such process of selection which may not clash with the provisions contained in Article 14 and 16 of the Constitution of India having regard to the guidelines laid down by this Court from time to time in various pronouncements. In the facts and circumstances of the case we make no order as to costs. The appeals and writ petitions are allowed as indicated above. Radhey Shyam Singh & Ors vs Union Of India & Ors on 9 December, 1996 Thus Honble Court has made it clear beyond doubt that in future no such selection shall be made on the zonal basis. Now the question is what is selection, appointment and Recruitment and what are the procedures and processes which are mandatory in order to make selections or appointments:In para 3.12.1- Column 11 it is provided as under (Method of Recruitment whether by direct Recruitment, or by promotion or deputation/ Transfer and percentage of vacancies to be filled by various methods) Different methods of Recruitment are:

Office Secy:

MUNISH ARYA 9646979009

Treasurer

RAJ KUMAR

A B C D

Promotion Direct Recruitment Deputation Transfer

E F

Re-employment and Short Term Contract

Thus from the Hand Book of Recruitment Rules issued by GOI, it is abundantly clear that Promotion is one method of Recruitment. Thus keeping in view the above Recruitment Processes and procedures, Recruitment Rules provided for the post of Superintendent of Central Excise, expressly provide that Recruitment to this post is only by way of promotion and in any case direct Recruitment can not be more than 5% at any given time. Thus going by the Judgment of Honble Apex Court and Recruitment Rules, it is clear beyond doubt that when this Judgment has been accepted by Government of India i.e DOPT, necessary instruction and directions to all the Ministries and departments should have been issued and made it mandatory that hereafter all the Recruitments by way of promotion be made by drawing All India Seniority list of all the inspectors but for all those who had already been promoted. Thus to my mind and as far as I can understand all the promotion in any of the Cadre made on Zonal basis after this judgment are void and ultra virus to the provisions of Constitution India and Voilative of the Article 14 & 16 of the Constitution as in some of the Zones Inspectors of 2002 Batch have been promoted whereas in Shillong Zone inspectors of 1988 Batch are still waiting for their first dream promotion. The discrimination caused does not end here itself. For every ones surprise, Inspectors who are recruited on All India Merit Basis and who are high in the merit List are allocated to Stagnating Zones, whereas those who are down the merit list are allocated to the Zones where the promotion of the Inspectors to the Grade of Superintendent are very fast. Thus those who are high in the merit list will be devoid of their merit and will be made to suffer because of the highhandedness and ill framed Policies by the Administration. Not only this, it has also come to my notice that in certain cases inspectors who are high in the merit have joined the department in more stagnating Zones, whereas those who are at the bottom of the merit list have joined much earlier than those who are high in Ranking. Guess what you want to call this. I am sending this message to all Inspectors and Superintendents, who are recruited by any of the process

enumerated above, as their recruitment is hit by the hit judgment. Please try to explore the Judicial or any other remedies.
Sincerely Yours

RC Sharma President, Team AICEIA, Chandigarh Circle