ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
R. Chandramouli 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: P. Parwani,
L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G.
Srinath (South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J. D. Patil
(West) Joint
Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, A. Vajpeyi
(North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya
(East); Jasram Meena, M. K. Mishra (West) Office Secretary: C. S. Sharma
Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan
Kumar
(Recognised by G.O.I., Min. of
Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 214/RR/14
Dt. 19.11.14
To,
Sh. K. Srivastava,
The Chairman, CBEC,
North Block, New Delhi.
Sub: Discriminatory IRS Recruitment Rules in r/o cadre restructuring.
Sir,
It is submitted
with due regards that the file regarding amended IRS
recruitment Rules in r/o cadre restructuring is o be placed before your goodself
for approval. As this Association came to know, the concerned hand has
bifurcated the post of Asstt. Commissioner into two grades in very unfortunate
& discriminatory manner under proposed rules.
2. The regular post
of Asstt. Commissioner has been mentioned in higher grade than the temporary
post of Asstt. Commissioner. No need to say that all temporary posts are meant
for the promotion of the promotee officers only and regular posts are to be
distributed between the direct & promotee officers in the ratio of 50:50.
It seems that the temporary posts of Asstt. Commissioner have intentionally
been placed at lower grade than the regular posts to discriminate the former
category due to the reasons known only to the concerned hand, whereas no such
discriminatory approval was made by the cabinet or any other concerned
authority/nodal department.
3. In the existing IRS recruitment Rules
also, there has been shown no difference between the regular and temporary
posts. The post has been defined as ‘post means any post whether
permanent or temporary’ under the existing rules giving equal respect &
importance to both of the categories without any discrimination under the same
grade. It is also worth to mention that all of the posts of Asstt. Commissioner,
whether temporary or regular, have been created on the basis of the functional
requirement of the CBEC without any differentiation between their function, job
or work responsibilities.
4.
To show the temporary post of Asstt. Commissioner in the lower grade than the
regular post of the same designation clearly means the creation of one more new
post between the grade of Asstt. Commissioner and Superintendent. No need to
submit that nothing such was either proposed by the CBEC in the cadre
restructuring nor was approved by the cabinet.
5.
There is also no difference between the pay scale or classification of the
temporary and regular posts of Asstt. Commissioner. Both have been placed in
the same pay band & grade pay and also classified as Group ‘A’ without any
clause of subordination. Same procedure is adopted to conduct the DPC for
promotion to both from the common Group ‘B’ gazetted post of Superintendent
(whether Central Excise or Customs) or Appraiser.
6.
In view of the above, it will not only be unlawful to place the temporary post
of Asstt. Commissioner in a lower grade than regular post of the same
designation but also be the gross injustice & discrimination to the
promotee officers. Two grades can’t be created for a single post whether it is
technically termed as regular or temporary.
7.
It is, therefore, requested to kindly not to make any differentiation between
the regular and temporary posts of Asstt.
Commissioner by bifurcating the same post under two grades.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
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