Ref.No.AICEIA/GS/29/2016 Dated 18.3.2016
To
The
Chief Commissioner of Central Excise,
Kochi
Zone.
Respected
Sir,
Sub:
Forwarding of Inter Zonal Transfer Application- Reg.
*****
Please
refer to our letters AICEIA/GS/47/2015 dated 21.07.2015,
AICEIA/GS/48/2015 dated 03.08.2015, AICEIA/GS/58/2015 dated
06.11.2015 and meeting of the office bearers with you on 14.9.2015,
06.11.2015, 27.01.2016 and 09.3.2016 on the issue of the Inter Zonal
Transfer. We are enclosing these correspondences again for ready
reference.
It is
learned that vide letter C.No II/13/32/2012- CC (KZ) I, it has been
decided to issue NOC in respect of 14 applicants to various Zones.
The decision to start forwarding of the applicants is welcome move
considering the fact that over last three years no application has
been forwarded from this Zone for the Inter Zonal Transfer. We also
welcome the decision to consider the applications of female
candidates and that of candidates with physical disability or having
serious medical ailments.
However we
would like to place on our record, our disappointment over the manner
and the yardsticks applied by the administration in forwarding of the
application in respect of other candidates. It is seen that even the
guidelines outlined by the CBEC in forwarding of the IZT application
itself have been violated by the administration while making the
decision of forwarding of application to various Zones. The
administration has chosen to forward applications of those who
are working in the cadre of Inspector from 2015,
whereas the application of officers who are working as Inspector from
the years 2010, 2011, 2012 & 2013 are not being considered.
In
our meetings and in the correspondences with the administration, we
had brought to your notice the need for a transparent policy in
respect of Inter Zonal Transfer request, where we had primarily
submitted the following key points
- The Inter Zonal transfer necessitates loss of seniority and thus seniority in the cadre of Inspector cannot be overlooked. We had specifically mentioned that the seniority in the cadre of the Inspector and not date of joining in the department in other cadre be considered, as the officer becomes the junior most in the joining Zone. It is adding salt to the wound if the seniority in the present Zone is not considered.
- Though there is no specific transfer policy formulated by the CBEC in respect of Inter Zonal Transfer, the instructions of the Government regarding transfer should be considered (DoPT OM dated 10.05.1990 in respect of physically handicapped candidates and DoPT OM dated 12.06.1997 in respect of Spouse ground transfer, further reiterated vide DoPT Letter F.No 28034/9/2009 Estt (A) dated 30.09.2009).
At
every meeting the administration had brought about the vacancy
position in the Zone as the reason for not considering the
application. We had reiterated at those meetings with backing of
statistical data that the vacancy in the Zone is due to vacancy in
the promotion quota and it cannot be filled up by CGL Examination
conducted by SSC. Further any vacancy by transfer of the applicant
to another Zone can be filled up by subsequent CGL Exam as well. It
may be noted that the number of vacancies reported by the
administration for CGL, 2014 Examination was 46 only. We had also
informed about the dismally small number of Tax Assistants in the
Zone so that even after promotion these promotee quota vacancies
cannot be filled up.
Accordingly we had requested the administration to consider
submitting a proposal to CBEC for converting the promotee quota to
Direct quota,
without
affecting the career prospects of incumbents in the ministerial
cadre, as CBEC had sought proposal for one time
relaxation in RR of Inspectors as a one time measure to fill up
the vacancies. The proposal, if considered, would have brought down
the vacancy position in the Zone.
However
administration chose to ignore all these suggestions made from our
end while forwarding of the application till now. We are not making
an objection solely because the proposal made by the Association has
been ignored by the administration but even the guidelines laid down
by CBEC vide letter F.No. A. 22015/23/2011 –Ad.III.A dated
27.10.2011, while lifting the ban of Inter Zonal Transfer, has been
violated by the administration. The point
(v) of terms and condition specifies that under no circumstances,
request for ICT should be entertained till the officer appointed in a
particular Commissionerate/ post completes the prescribed probation
period. We have ample proof with us to
show that this condition has been violated in considering the Inter
Zonal Transfer. This has led to the general belief among the cadre
that the decision have been arrived at to favour certain individuals
who are working in close proximity with the administration and the
administration is showing total disregard to the rights of other
officers.
In our discussion with your good self, we had been
assured that the officers would not approach the CAT in this matter
as a suitable decision will be taken by the administration. We still
believe that legal cases will not bring solution to the issue of IZT.
However with the decision taken by the administration, which we
believe is unjustifiable, we cannot force our members any longer to
not take any legal course in this matter. The entire cadre of
Inspectors is aggrieved by the decision taken by the
administration
and we would
be forced to initiate agitation programmes for protecting our rights.
Under
these circumstances, we request that a suitable action be taken,
which takes into account the concerns of all the affected officers.
Thanking you,
Encl:
As above
Yours faithfully,
(C.JAYADEEP)
GENERAL SECRETARY
