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 4^th 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