LATEST HAPPENINGS

AIFSC/MUM/AM/ /2009

24.02.2009

To
The Member (P & E),
Central Board of Excise and Customs,
North Block,
New Delhi.

Sub: Release of backlog vacancy of 104 posts accrued to the cadre of Supdt. of Customs (Preventive).

Sir,

The officials of the CBEC is well aware of the fact that the cadre of the Supdt. Of Customs is the worst sufferer in the matter of promotion to the posts of Assistant Commissioner of Customs and Central Excise. This is a common scenario today that Preventive officers of 1975 batch promoted as Supdt. Of Customs in 1996 are working under Examiners of 1983/5 batch promoted as Appraisers in 1998 and further promoted as Assistant Commissioners in 2004/5.

The Hon’ble Supreme Court in writ petition no. 306/88 as published in 1997(1)SCC520 at para 18 has inter alia stated that “ Review all post-1979 ad hoc promotions to the post of Senior Supdt./Assistant Collector in the promotee quota in the light of the present proposal, redetermine the respective placement of the promotee officers in the combined Group A seniority list and regularize accordingly the post of Ad-hoc promotions”. At para 16 (6.3) the Hon’ble Supreme Court has stated that “ To sum up, according to the above formula, each bunch of 9 vacancies in he promotion quota for Group B feeder cadres will be apportioned in the ratio of 6:1:2 consisting of Central Excise Supdts, Customs (P) Supdts. and Customs Appraisers respectively”.

As per data supplied by CPIO/AD II vide letter dated 20.03.2008 issued from F.NO. C-50/RTI/09/2008-AD II total number of AD-hoc promotions made from the three feeder cadres are as under:

Period	Supdt. Of Central Excise	Supdt. Of Customs (Preventive)	Customs Appraisers
1980 - 1996	1834	150	492
1997 - 2007	624	142	321
Total	2458	292	813
Grand Total of all the three cadres	3563
If apportioned in the ratio of 6 :1 :2 between these 3 cadres as per the Group A service rules, 1987 as amended in 1998
No. of posts falling in the share of these 3 cadres ought to be	6/9 of 3563 =2375	1/9 of 3563 =396	2/9 of 3563 =792
Excess (+)/ less (-) promotion accrued to these cadres	2458-2375= ( + 83 )	292 – 396= ( - 104 )	813 – 792= ( + 21 )
Thus it can be seen that the cadre of Supdt. Of Customs has got 104 less posts even by the existing ratio resulting in Preventive officers Of Customs of 1975 Promoted as Supdts. Of Customs in 1996 are working as subordinate to Examiners of 1985 batch promoted as Customs Appraisers in 1998.

From above, it can be seen that the order of the Hon’ble Supreme Court and the Indian Customs and Central Excise Group A (amendment) rules, 1998 dated 23.3.1998 has been flouted by the CBEC . The Hon’ble Supreme Court in the matter of IA No. 4,6-8 in writ petition ( C ) no, 306/88with no. 651/1997 as reported in (1999) 3 SCC 384 at para 18 has inter alia stated that “ Thus if one of these groups in the quota has had more promotions earlier and if the Govt. of India wants to offset the said advantage, such an action can not be said to be unfair.”

The Hon’ble Supreme Court has themselves mandated the CBEC to give the backlog to the cadres who have been deprived of their legitimate number of posts in the promotion to group A cadre. It is therefore urged that the backlog of 104 posts accrued to the cadre of Supdt. Of Customs (Preventive) may be given before giving any posts to the other cadres.

Thanking you,

Yours sincerely,

(ANUPAM MAJUMDAR)
PRESIDENT