RETIRED OFFICERS DISCRIMINATED AGAINST BY CBEC WHILE GRANTING RARE II ND PROMOTION
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The Central Board of Excise & Customs(CBEC) issued Establishment Order No.33/2017 dated 23-2-2017 granting promotion to 732 Superintendents of Central Excise(Group B Gazetted Officers) to the post of Assistant Commissioner(Group A).The promotions were effected for the vacancy years(panel years) 2014-15 and 2015-16, after a long wait from the previous Departmental Promotion Committee(DPC) meeting held in October’2014 as the aspect of promotion involved complex litigations on various issues.The Govt.of India had in 2013 created 2118 temporary posts of Assistant Commissioner specifically to address the perennial problem of stagnation confronted by the Group B officers who hitherto had to retire from service spanning more than 35 years with a solitary promotion to the Group B post of Superintendent after their initial appointment to the post of Inspector of Central Excise.The instant promotions were effected against the vacancies that existed out of the temporarily created 2118 posts. While effecting the aforesaid promotion,the CBEC ignored the laid down and governing DPC guidelines issued by the Govt.of India,Department of Personnel,Public Grievances and Pensions(DOPT) vide Office Memorandum No.22011/4/98-Estt.(D) dated 12-10-1998 on the aspect of treatment to be meted out to officers who were in harness during the panel year (vacancy year) for which promotions are being effected but had retired at the time of actual conduct of DPC meetings.The relevant portion of the guidelines read as under;
“According to legal opinion also it would not be in order if eligible employees,who were within the zone of consideration for the relevant year(s) but are not actually in service when the DPC is being held, are not considered while preparing year-wise zone of consideration/panel and,consequently,their juniors are considered( in their places) who would not have been in the zone of consideration if the DPC(s) had been held in time.This is considered imperative to identify the correct zone of consideration for relevant year(s).Names of the retired officials are also be included in the panel(s).Such retired officials would,however,have no right for actual promotion.”
The CBEC in the past had adhered to the aforesaid DOPT guidelines and included the names of retired officers in the consideration zones for promotion but the guidelines have been flouted this time.The non adherence to laid down procedure and precedents has resulted in discrimination to the retired officers who were in service and eligible for promotion but were not promoted due to non conduct of timely DPC meetings.The discriminated officers thus retired after rendering more than 30-35 years of unblemished service with just a solitary promotion to Group B contrary to the specific DOPT guidelines.The ignored retired officers are feeling let down by the Department. Notwithstanding the fact that retired officers could not be actually promoted,mandated inclusion in consideration zone gives them a sense of fair treatment as they were denied the legitimate claim to promotion owing to none of their fault or lapse.
Honourable Finance Minister and the CBEC authorities are requested to look into the aforesaid for redressel.
Impact of Change sought;
Being a retired Superintendent of Central Excise and eligible for promotion to the post of Assistant Commissioner during the vacancy year, for which promotion effected ,after my retirement.Several such officers and their families are feeling let down by non inclusion of their names in consideration zone for the rare IInd promotion in the entire career spanning more than three decades, flouting laid down DOPT guidelines.A sense of fair play and restoration of pride with regards to the Govt.employer shall be the outcome.
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