15/1 Strand Road, Custom House, M.S.

Building, 7th floor, Kolkata-700001

ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION

President : Manoj K P 09446422618 Working President: N. Venkitakrishnan 09840746290 Vice President (NZ): Malkit Singh Vice President (SZ): Reddy B P K Vice President (WZ): R.K.Meena Vice President (EZ): Sanjay Singh Vice President (CZ): Samir K. Sinha Secretary General: Kousik Roy 09831007827 Asst. Secy. General: Ajit K.G. 09826193027 Liaison Secretary: Shibaji Ch. Nayak 09437090969 Organising Secretary: Ajay Kumar Saini 09868029311 Jt. Secretary (NZ): Aabhay Singh Jt. Secretary (SZ): C.G.Prabhu Jt. Secretary (WZ): Sanjay Sriniwasan Jt. Secretary (EZ): Rajashish Dutta Jt. Secretary (CZ): H.K.Ghoshal Address for Correspondence: Block-B Flat No. 301 68, Shibpur Road, Shibpur, Mandirtala, Howrah-711102 Phone : 03322420693 Cell : 09831007827 E.Mail: sgaiceia@gmail.com, roy.kousik@rediffmail. com manojmythree@hotma il.com Web Page : www.aiceia.blogspot.c om

(Affiliated to the Confederation of Central Government Employees & Workers) Recognised by Ministry of Finance [vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08] Ref. No. AICIEA/CBEC/149/2011 19.08.2011 To Sri S.Dutt Majumder, Chairman, Central Board of Excise & Customs, Department of Revenue, Ministry of Finance, North Block, New Delhi.

Sir, Sub: Representation Apex Court Order dt.3.8.2011. We wish to submit our views on the issue of revision of Recruitment Rules as the Honble Supreme Court directed the Union government while disposing of the C.A. NO. 1198/2005 & I.A. No. 325/2010 on 3.8.2011 to amend the Recruitment Rule for Gr.A officers in CBEC after considering the representations from the Associations. It is in this context that this association, being the major stake holder in the entire exercise, submits the following:

1. At the outset, we would like to intervene in the issue due to the fact that gross
anomaly has been meted out to the cadre of Inspector of CE by denying promotions as compared to their counterparts in the Customs cadres and as such the composition of feeder cadres itself has the malady and the remedy lies in introduction of base cadre seniority of Gr.B officers for the promotion to Assistant Commissioner of Customs & CE. It is a matter beyond doubt that the apex court has appreciated the fallacy of the present skewed ratio for effecting promotions to the cadre of Assistant Commissioner of Customs & Central Excise from the 3 feeder cadres of CBEC. In order to arrive at the fair and just representation of all the 3 cadres in promotions, as mandated by the Hon.SC, nothing short of promoting an officer who has joined either as an Inspector of CE or a Preventive Officer of Customs at par with the level to which the last Examiner of Customs of equal seniority has been promoted shall suffice. We take this opportunity to request the Board to do the needful on this aspect in order to rectify the anomaly meted out to the Inspectors and Superintendents of CE comprising 90% of the Gr.B cadre of CBEC. We propose that the CBEC should approach the DoP&T seeking issue of guidelines for taking into account the base-cadre (Inspectors grade) seniority for effecting promotions to Gr.A cadre where corrections have to be first made to the seniority lists of the feeder cadre (Gr.B gazetted cadres).The extant instructions of DOPT governing situations where promotions to a grade are made from more than one grade provide only for considering seniority lists of the respective cadres & fixation of a quota for each feeder cadre. In view of the affidavit filed in the SC during the course of proceedings of the Appeal, I.A and WP stating that amendment of Recruitment Rules was underway by the CBEC in consultation with an expert body DOPT with an eye to resolve the peculiar situation that obtains in our Department now, it needs to be appreciated that because of the earlier anomalous ratio, the cadres of Appraisers and Superintendent (Customs) include numerous officers who got their promotions to that cadre by enjoying an unjust advantage on account of vacancies arising in their respective cadres due to continuance of the skewed ratio for promotion to the grade of Assistant Commissioner of Customs & CE from the three feeder cadres. Not only so, this has caused corresponding injury to the Inspectors of Central Excise who would have otherwise been duly promoted as Superintendents of CE much earlier. The reference to be made to DoP&T in this matter is all the more necessary and this fact has been noted with approval in the Courts Order disposing of the Appeal, I.A and WP.

15/1 Strand Road, Custom House, M.S.Building, 7th floor, Kolkata-700001

ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION

President : Manoj K P 09446422618 Working President: N. Venkitakrishnan 09840746290 Vice President (NZ): Malkit Singh Vice President (SZ): Reddy B P K Vice President (WZ): R.K.Meena Vice President (EZ): Sanjay Singh Vice President (CZ): Samir K. Sinha Secretary General: Kousik Roy 09831007827 Asst. Secy. General: Ajit K.G. 09826193027 Liaison Secretary: Shibaji Ch. Nayak 09437090969 Organising Secretary: Ajay Kumar Saini 09868029311 Jt. Secretary (NZ): Aabhay Singh Jt. Secretary (SZ): C.G.Prabhu Jt. Secretary (WZ): Sanjay Sriniwasan Jt. Secretary (EZ): Rajashish Dutta Jt. Secretary (CZ): H.K.Ghoshal Address for Correspondence: Block-B Flat No. 301 68, Shibpur Road, Shibpur, Mandirtala, Howrah-711102 Phone : 03322420693 Cell : 09831007827 E.Mail: sgaiceia@gmail.com, roy.kousik@rediffmail.c om manojmythree@hotmail .com Web Page : www.aiceia.blogspot.co m

(Affiliated to the Confederation of Central Government Employees & Workers) Recognised by Ministry of Finance [vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08] 2. The apex court has also directed that the recruitment rules be
amended/revised including altering the existing ratio. It is our request that steps taken in this connection should include the objective to bring the parity as discussed in para (1) above with the overriding consideration for maintaining/continuing the seniority position as it stood in the base cadre. However, for the time being, the feeder cadre strengths of the Gr. B posts under CBEC has to be determined considering and adding total sanctioned posts of the cadres under different wings of CBEC viz. Central Excise, Service Tax and Customs Commissionerates including all posts manned by officers from the Central Excise stream, Directorates, NCB, CESTAT etc. to arrive at the new ratio. 3. The Government is also bound to ante date the amendment to the recruitment rules owing to the direction of the apex Court that all the ad hoc promotions to the grade of Assistant Commissioner shall abide by the decision taken to give effect to the order of the Court. The Government at some point of time is required to regularise the ad hoc promotions resorted to since 1997 and the same can be done only in terms of the amendment to be carried out in the recruitment rules. 4. This Association is of the firm view that two steps are required to carry out the directions of the apex Court: i. To grant promotion to the Central Excise stream so as to make them on par with the batches who have received promotion to the Group A cadre from the Customs Appraising stream. Part of this exercise can be done by reviewing the ad hoc promotions already done as required by the terms of the apex court order dt.3.8.2011 and by creation of supernumerary posts which can be regularised at the time of restructuring or on any later date where vacancies arise on account of promotion, superannuation etc. ii. Fix the ratio for promotion among the three feeder cadres based on their cadre strengths with a provision to review the ratio periodically, say every five years, or at any time when substantial alteration in the relative cadre strengths occur (for instance once the ensuing cadre restructuring exercise in the CBEC is completed) to factor in the change in cadre strength. The ratio so created shall be converted into quotas within the promotee quota at the entry level Group A posts by maintaining a post based roster. This mechanism would ensure continuance of the proportional representation.( ref. DoP&Ts O.M. No.20011/1/2008-Estt.(D) Dated 11th

November 2010 page-20 point no.5 )

5. This Association also requests the following changes in the recruitment rules along with requests in the preceding paragraph: i.) The enhancement of promotion quota in the entry level Group A posts to 75% from the present 50%. It may be appreciated that Government is not filling up the entire DR vacancies at present and therefore the change is DR quota would not make any material change in the present recruitment pattern.

15/1 Strand Road, Custom House, M.S.Building, 7th floor, Kolkata-700001

ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION

(Affiliated to the Confederation of Central Government Employees & Workers) Recognised by Ministry of Finance [vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]
President : Manoj K P 09446422618 Working President: N. Venkitakrishnan 09840746290 Vice President (NZ): Malkit Singh Vice President (SZ): Reddy B P K Vice President (WZ): R.K.Meena Vice President (EZ): Sanjay Singh Vice President (CZ): Samir K. Sinha Secretary General: Kousik Roy 09831007827 Asst. Secy. General: Ajit K.G. 09826193027 Liaison Secretary: Shibaji Ch. Nayak 09437090969 Organising Secretary: Ajay Kumar Saini 09868029311 Jt. Secretary (NZ): Aabhay Singh Jt. Secretary (SZ): C.G.Prabhu Jt. Secretary (WZ): Sanjay Sriniwasan Jt. Secretary (EZ): Rajashish Dutta Jt. Secretary (CZ): H.K.Ghoshal Address for Correspondence: Block-B Flat No. 301 68, Shibpur Road, Shibpur, Mandirtala, Howrah-711102 Phone : 03322420693 Cell : 09831007827 E.Mail: sgaiceia@gmail.com, roy.kousik@rediffmail.c om manojmythree@hotmai l.com Web Page : www.aiceia.blogspot.co m

ii.) For the purpose of filling up the entry level Group A posts the vacancies in the Assistant Commissioner and Deputy Commissioner posts should be taken together. 6. In order to arrive at the revised ratio, the strength of Superintendents of Central Excise should calculated as the sum total of the posts in Central Excise/Service Tax Commissionerates, composite Commissionerates, Customs Commissionertaes manned by Central Excise Officers at Group B Level and in various Directorates. The strength of the three Group B Gazetted Executive Cadres as on. In the above formations are as follows. Superintendent of Central Excise 12214 Appraiser 859 Superintendent of Customs 1589

Based on Feeder Cadre Strength, the respective percentages in Group B are: Superintendent of Central Excise 83.35% Appraiser - 5% Superintendent of Customs - 11% In conclusion we reiterate that the subject Supreme Court Order vindicates this Associations consistent stand that a grave injustice has been continuing for long in the method of career advancements of Inspectors of Central Excise vis--vis their counterparts from the Customs side, and in this backdrop this opportunity to address this vexatious issue in its entirety should be utilised effectively to secure fair and just treatment to this cadre. Yours faithfully KOUSIK ROY SECRETARY GENERAL

Copy forwarded to Mem(P&V) for information. KOUSIK ROY SECRETARY GENERAL