Recognised by the Government of India vide Letter F.No.B 12017/15/2001 Ad IV A Dated 29th April, 2004
Head Office: 3rd Floor, New Custom House, Ballard Estate, Mumbai - 400 001 (INDIA)
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AIFSC/MUM/AM/55/2009

19.11.2009

To
Shri V. Sridhar,
Chairman,
Central Board of Excise & Customs,
North Block, New Delhi - 110 002.

Sub: Acute stagnation - reg.

Respected Sir,

We are sincerely grateful to you for granting us some time out of your busy schedule for having a discussion on some of our issues primarily on acute stagnation.

1. I hereunder refer to the extensively discussed and most important issue of acute stagnation of our Cadre, which has almost ruined the motivation, enthusiasm and moral of the Cadre. Today, it is certain that the Direct Recruit Inspectors/Preventive Officers, who have joined the department after 1982, will retire with a single promotion in whole of life.

2. The proposal, which is under active consideration of the Board to change the promotion ratio to 15:2:1 for Supdt of Cen Ex, Supdt of Cus and Appraiser, is unacceptable to us.

3. I humbly draw your kind attention to the office note written in his own hand by the then JS (Admn) Shri Saurabh Chandra on 28.03.2005 on note sheet page no. 30 of file F.No. A-32012/3/2004-AD. II. The note is actually an out come of a detailed discussion, we had with the JS (Admn), M(P&V) & Chairman, CBEC during 2004-05. It is believed, that in addition to our discussion, the then JS (Admn) had carried out his own study on the relevant points of law and cadre strength and only thereafter he made the proposal of changing the promotion ratio to 9:2:1 for Supdt of Cen Ex, Supdt of Cus and Appraiser. The proposal was accepted by the M (P&V) on 28.03.2005 and approved by the Chairman, CBEC on 30.03.2005. We, after convincing our members, had given our unhappy consent to such a change only in the interest of final settlement and end of prolonged legal battle. However, the powerful lobby of one of the said three cadres, who had been gaining illegally with the blessings of a section of Board officials, played the usual dirty game and the accepted decision of the Board could not be implemented even till today.

4. We may submit that there is no substantial change in the cadre strength of the concerned three cadres or the relevant policy after the decision was taken on 30.03.2005 as mentioned above. Therefore, we do not accept any departure from the decision of the Board, already taken.

5. Moreover, the policy for apportionment of vacancies for promotion from Gr-B to Gr-A between Central Excise and Customs, as laid down by the Hon’ble Supreme Court in the matter, has not been changed as on date. In case it is considered, it has to be done by a fresh determination.

6. The eligibility criteria for promotion to Gr-A may be made to 5 (five) years of regular service in Gr-B including for promotion on ad hoc basis. In last 10 years, the Supdts of both Cen Ex and Customs, who have been promoted, had more than 10 years of regular service but the Appraisers did not have such length of regular service when promoted.

7. The issue of change of the ratio may be dealt separately and may not be mixed with any consideration for liquidating the stagnation through a one-time measure. We emphasise that making any change in the promotion ratio while keeping unchanged the number of entry level posts will serve no extra-ordinary purpose. It is suggested that the entry level Gr-A posts may be substantially increased by reducing the posts at the higher levels to make the promotion prospect at least to 5:1 for Gr-B : Gr-A.

8. Further, the proposal prepared by the DOPM suggesting to create the cadre of Senior Superintendents between the cadre of Superintendent and the Asst. Commissioner, is timed out and is totally unacceptable.

The problem of acute stagnation may be taken up on priority so that further damage to our cadre can be avoided.

Thanking you,

Yours faithfully,

(ANUPAM MAJUMDAR)
PRESIDENT