Wednesday, October 30, 2019
Wednesday, August 1, 2018
New office bearers of All India Central Excise & Service Tax Ministerial Officers Association, Pune Zonal Unit
The General Body Meeting of the All India Central Excise & Service Tax Ministerial Officers Association, Pune Zonal Unit was held on 27th July, 2018. The members who have been elected in the new body of the Association is as shown.
Sunday, January 29, 2017
Sub: - Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in the Case of N R Parmar v/s. Union of India-reg.
MUMBAI/PUNE /NASIK/AURANGABAD, CENTRAL EXCISE,
CUSTOMS &
SERVICE TAX MINISTERIAL OFFICERS ASSOCIATION
41/A,
SASSOON ROAD : ICE HOUSE : OPP. WADIA COLLEGE : PUNE-411001
Phone
Nos.(O) 020-26051840 Ext.5107.
Fax. 26058564/ 26051654.
(Affiliated to AICEMOF
& Recognized by the Government of India vide F.No. B.12017/03/2013-Ad.IV A
dated 01.05.2013)
_________________________________________________________________________________
H.B.MAHAJANI,
PRESIDENT, 603, A.J.AVENUE, SHAHU Colony, KARVE NAGAR, PUNE-52. (M) 9225517243
SHIVAJI
VALU, GENERAL SECRETARY, VARDHMAN TOWN SHIP BLDG. NO. ‘D ‘FLAT NO.606, 6 TH
FLOOR SASANE NAGAR HADAPSAR, PUNE 411028 (M) 9850420126
F.No.MPNA/Corr/MOA/15-16
Pune,
the
To,
The Chief Commissioner,
Central Excise, Customs
& Service Tax,
Pune Zone, Pune.
Sub:
- Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in
the Case of N R Parmar v/s. Union of India-reg.
Respected Sir,
Your kind attention is invited to the
Board’s letter F.No. A 32022/06/2014-Ad.III.A dated 08.09.14, 15.12.15 &
14.10.2016 and DoPT letter no. 20011/1/2012-Estt(D) dated 4th March,
2014 on the subject of ‘Inter-se
seniority of direct recruits and promotees’ (copy enclosed). This
association is in receipt of numerous representations from a number of our
cadre members of this Zone on the above referenced subject.
02. In this respect, vide above referred
letters, the Board had directed all the Cadre Controlling Authorities under
CBEC to revise the seniority of Direct Recruits and Promotees for the
following posts in the same manner as interpreted by the Hon’ble
Supreme Court vide directions dated 27.11.2012 in the case of N.R. Parmar &
Ors Vs UOI & Ors (Civil Appeal No. 7514-7515 of 2005).
|
Sl.No
|
Name of the
Post
|
|
1
|
Inspector (Central
Excise)
|
|
2
|
Inspector (Preventive
Officer)
|
|
3
|
Inspector (Examiner)
|
|
4
|
Tax Assistant
(Central Excise)
|
|
5
|
Tax Assistant
(Customs Zone)
|
|
6
|
Tax Assistant
(Directorates)
|
03. Sir, Cadre Control Cell, Pune Zone is the
Cadre Controlling Authority of cadres appearing at Sl.No 4 & 5 of the above
list. Since SSC Examination for Direct Recruitment of Tax Assistants had
commenced from 2004 onwards, the inter-se seniority of Direct Recruits and
Promotees from the Vacancy Year 2004-05 onwards needs to be considered for
revision in Pune Zone.
Despite
repeated reminders from the Board in this regard, it is unfortunate that
Cadre Control Cell, Pune Zone is dragging its feet on an issue that has far
reaching implications on the career of hundreds of officers. For an exercise of
this magnitude, difference in opinion and roadblocks are bound to occur and
that in itself is no reason to withhold the initiation of the exercise. In
comparison, Cadre Controlling Authorities of significantly larger formations
like Delhi Zone, Kolkata Zone, Chennai Zone, Vadodara Zone etc. have already
revised / is in the process of revising the seniority list of Tax Assistants.
04. Sir, it is also pertinent here to note that
the initiation of a similar exercise in Mumbai Cadre Control Cell, which is the
Cadre Controlling Authority for Inspectors, is currently held up due to the
delay from our side. Meaningful revision of seniority list of inspectors can
only be undertaken after that of Tax Assistants is completed so as to avoid any
future litigations or need to provide retrospective effect of corrections.
04. In view of the above facts and
representations, it is humbly requested to issue directions to Cadre Control
Cell, Pune Zone for commencing the exercise for revising the seniority of
Direct Recruit and Promotee Tax Assistants at the earliest in the same manner
as interpreted by the Hon’ble Supreme Court vide directions dated 27.11.2012 in
the case of N.R. Parmar & Ors Vs UOI & Ors (Civil Appeal No. 7514-7515
of 2005).
With regards, thanking you.
Yours faithfully,
Sd/- Sd/-
(H.B.MAHAJANI) (SHIVAJI
VALU)
PRESIDENT
GENERAL SECRETARY,
Copy to
1.
The Additional Commissioner (CCC), Central
Excise, Customs & Service Tax, Pune Zone, Pune
2.
Secretary General, All India Central
Excise and Service Tax Ministerial Officers Association
Submission of certain points to be taken up for further action in the Executive Committee Meeting, Delhi
An Executive Committee meeting along with the Zonal leaders is scheduled to be held at 17:00 hrs on 19th January 2017 at Conference Hall/Library of CR Building in New Delhi to discuss about our pending issues with CBEC and the future course of action. The Mumbai/Pune /Nasik/Aurangabad, Central Excise, Customs & Service Tax Ministerial Officers Association is submitting the following points for pursuing with the Board.
1. Relaxation in RR for
TAs: This association has, time and again, highlighted the gross injustice
meted out to the Tax Assistants of the Combined Graduate Level 2012 & 2013
batches in the form of the revised RR for EAs. It is pertinent to note that
many of them had left lucrative jobs to join this department and this
mid-career revision of RR has left them high and dry. It is only fair that RR in
force during their recruitment should be applicable to them. On these line, the
Board may be urged to grant relaxation to the direct recruit Tax Assistants of
CGL 2012 & 2013 batches.
Further, as per the RR for
EA/Inspector issued by the Board's letter F.No.A-12018/30/2003-AdIII(B)
dt.26.12.2016, the qualifying period for promotion from TA to Inspector is 15
years. Further, only 10% of the total vacancies in the grade of Inspectors have
been identified, for promotion from the grade of EA. Considering the job
aspirations/ profile/ Educational qualifications of the candidates who appear
for and get selected as Tax Assistants through SSC these days, (some of whom
even have post graduate degrees in Engineering & Management), it is worth
mentioning that the attrition rates for Tax Assistants is bound to go up in an
alarming manner. This will result in undue disruption of various administrative
processes, since Tax Assistants in future may stick on to their current jobs
only until they get a job more in line with their career aspirations, since TA
in CBEC is no longer an attractive career option. This will result in a severe
paucity of trained and experienced TAs / EAs.
In this regard, kind
attention is further invited to the fact that several Tax Assistants who got
recruited through SSC CGLE 2014 in Pune Zone, did not even join, which can only
be attributed to the bleak career prospect that being a Tax Assistant in CBEC
now offers. In view of the above, it is requested that the Recruitment Rules in
various cadres may be appropriately relaxed, to offer better opportunities for
career enhancement, which will motivate the employees to offer their best in
the service of the Department.
2. Fixing of Seniority
between Direct Recruit 'Tax Assistant/Inspector and promotee Tax
Assistant/Inspector based on N.R. Parmar case of the Hon'ble Supreme Court
- Retrospective applicability has not been fixed, whereas, Delhi Zone and
Kolkata Zone being bigger Zone with more working strength than Pune Zone has
already implemented with effect from 01.01.1986. Many CCAs are delaying the
initiation of the exercising citing lack of relevant data since the seniority
has to be revised from 1986 in certain cases. The Board should be urged to
issue guidelines similar to what CBDT has issued and instruct the CCAs to
complete the exercise in a time bound manner.
3. Promotion to the grade
of A.O. from E.A. - The Comments for new/amended RR for A.O. were sought and
submitted several months ago but it has not been finalized till date due to
which promotions are held up and shortage of AO is hampering the administrative
work. The finalization of RR is the need of the hour as the feeder grade post
is renamed after Cadre Restructuring in 2014. It is requested to issue
executive instructions that DOS & STAs having 5 years of combined service
may be considered for promotion to the grade of Administrative Officer till the
finalization of RRs, as in this zone 85 vacancies are available and 65 DOS
presently working have completed more than 5 years.
4. Promotion to the grade
of CAO from AO- Considerable vacancies exist in the grade of CAO. Board may be requested
to direct various CCAs to hold the DPCs for CAOs regularly and in a time bound
manner.
Yours faithfully,
Sd/- Sd/-
(H.B.MAHAJANI) (SHIVAJI
VALU)
PRESIDENT
GENERAL SECRETARY,
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