Representation against Draft Seniority list of Inspectors dated 17.05.2016

F.No. AICEIA/2/Surat/2012                                      Dated :19.06.2016

To,

The Chief Commissioner,

Central Excise, Customs & Service Tax,

Vadodara Zone, Vadodara.

(Through  proper channel)

Sir,

            Subject : Representation- against the draft Seniority list of Inspectors of Central    Excise and Customs as on 01.01.2014, circulated vide F.No. II/34-01/CCO/2016 dated 17.05.2016 – regarding.

            Kindly refer to letter F.No. II/34-01/CCO/2016 dated 17.05.2016 regarding circulation of draft seniority list of INSPECTORS of Central Excise and Customs as on 01.01.2014 issued by the Addl. Commissioner (CCO), O/o the Chief Commissioner, Vadodara Zone.

2.         In this connection, we would like to bring to your kind notice that, a number of our cadre members have shown their anguish against the draft seniority list and we are compelled to represent against it. Brief facts regarding preparation of this draft seniority list are as under :

(i) A draft Seniority list of Inspectors was circulated vide letter No. II/34-08/CCO/2013 dated 14.10.2014 of CCO Vadodara.

(ii) The aforesaid draft Seniority list of Inspectors circulated vide letter dated 14.10.2014 was finalised vide Final Seniority List issued under letter No. II/34-08/CCO/2013 dated 11.05.2015 with the approval of the Chief Commissioner. Para 3 of the said letter read as under :

“3. With the issuance of this Seniority list, all the representations received against the Draft Seniority List circulated vide this office letter dated 14.10.2014 stand disposed off. However, this Seniority will be subject to the final outcome of OA 405/2014 pending before the Hon’ble CAT Ahmedabad Bench and SCA No. 15790 of 2014 pending before Hon’ble High Court of Gujarat and any other Court case in the similar issue in the territorial jurisdiction of Government of India.”

                       

            Accordingly, no scope was left for review of the aforesaid final seniority list unless a Court of law orders to the contrary or some substantial fresh representation is received.

(iii) A fresh Draft Seniority list has now been issued vide F.No. II/34-01/CCO/2016 dated 17.05.2016, wherein it is clearly mentioned at Para 2 as under :

“The draft seniority list of Inspectors has been prepared on the basis of Hon’ble CAT Ahmedabad’s Bench’s Order dated 15.12.2015 in OA No. 405/2014 filed by Shri Vijay Kumar Makode and Others in accordance with the directives issued by the Apex Court in the case of Shri N.R. Parmar & Others.”

Accordingly, the authority has itself declared that they have not received any fresh representation meanwhile and the changes occurred in the Final Seniority List are owing to the CAT Ahmedabad Orders only.

            (iv) OUR ASSOCIATION, WITHOUT PREJUDICES TO ANY INDIVIDUAL, HAS SUFFICIENT REASONS TO BELIEVE THAT THE DRAFT SENIORITY LIST ISSUED ON 17.05.2016 HAS BEEN DRAFTED BY PRESENTATION OF MISLEADING AND INCORRECT FACTS BY THE LOW LEVEL OFFICIALS BEFORE THE DECISION MAKING AUTHORITIES.

            (v) Being aggrieved with the said draft Seniority list, our Association submits the following representation for positive and sympathetic considerations by your             honour. 

3.         REPRESENTATION :

(i)                 Many Inspectors recruited through SSC Combined Graduate Level Examinations-2006, were wrongly allocated to Vadodara Zone, who were later redirected to some other zones as a result of CAT Cases or by Board level orders. For example Sl. No. 307, 312, 319, 321 etc. Since, these officers were never meant to be allocated to Vadodara Zone, their names should have been replaced with the direct recruit Inspectors correctly allocated to this zone. Such officers were never in the strength of our zone and they are in the Seniority lists of both Vadodara zone and their own zone. Continuing with their names in the seniority list of our zone, places the direct recruits of 2006 batch, far behind his actual position inter se the promotees. Direct recruits will have to suffer badly in their future career prospects, if such anomalies are not removed.

(ii)               Many Inspectors, who were not in the Final Seniority List of Inspectors circulated vide letter No. II/34-08/CCO/2013 dated 11.05.2015 have been inserted out of a sudden in the new draft seniority list. As the new draft seniority list has been prepared on the basis of Hon’ble CAT Ahmedabad’s Bench’s Order dated 15.12.2015 in OA No. 405/2014 filed by Shri Vijay Kumar Makode and Others in accordance with the directives issued by the Apex Court in the case of Shri N.R. Parmar & Others, as mentioned in the forwarding letter, it is shocking and surprising, that a number of new names of direct recruit Inspectors (such as Sl.No. 303, 304 etc.) have been added in the new draft seniority list, moreover when such names are nowhere in the final seniority list dated 11.05.2015 and there are no directions of any Court of law to insert these names in the seniority list and that too has been done without any representation, to the best of our knowledge. The direct recruit will have to suffer badly in their future career prospects, if such anomalies are not removed.

4.         PRAYER : In view of the above facts and representations, it is prayed that :

(i)                 The Draft Seniority list may be revised by deleting names of the direct recruits of 2006 batch, who were wrongly allocated by Board and were later correctly allocated to their parent zone. Their Seniority ranks may be replaced as per DOPT guidelines by correctly allocating to the Direct Recruits of our own zone.

(ii)               The newly inserted names, which were not in the final seniority list dated 11.05.2015, may kindly be deleted.

(iii)             No promotion orders may be issued or DPCs be held on the basis of this factually wrong seniority list, to avoid any litigation or need to provide retrospective effect of corrections, as a result of any new court orders.

(iv)             Any other relief, may kindly be granted.

                        With regards, thanking you.

           

                                                                                    Yours faithfully,

  -sd-

                                                                                    (M.S. Prabhat)

                                                                                    General Secretary

Copy to :

1.      The Member (P&V), CBEC, Department of Revenue, Ministry of Finance, New Delhi.

2.      The Secretary General, AICEIA.