Counting of previous service in the same department for eligibility for promotion not seniority
R K SINGH
(Querist) 31 August 2016
This query is : Resolved
Dear Sir,
There are 3 grades under GR. B Non-gazetted Service under Central Board of Excise and Customs- Inspector(Central Excise), Inspector(Preventive Officers) and Inspector(Examiner). Inspector(Central Excise) works in Customs, Central Excise and Service Tax Commissionerates and other two works only in exclusive Customs Commissionerate. There is provision in recruitment rules for absorption in a transfer of an Inspector from any Customs Commissionerate to an exclusive Customs Commissionerate on direct absorption basis on transfer on request in direct quota vacancy as direct recruitment are considered in the public interest as per guidelines of DOPT and on absorption basis service is counted. In my case I was working in the post of Inspector of Customs under a Customs Commissionerate in the grade of Inspector(Central Excise) and after 5 years of regular service, I joined in the post of Inspector(Preventive Officer) under exclusive Customs Commissionerate through direct recruitment. I want my previous service to be counted for the purpose of eligibility(not for seniority) for promotion to the post of Superintendent which requires 8 years of regular service in the grade. My plea is my recruitment is also direct recruitment and in public interest only, then my service in the grade of Inspector(Central Excise) but in the post of Inspector of Customs should be treated as equal to the Inspector(Preventive Officer) under Customs as there is not a single difference in the duty of two grades under the Customs department. It is pertinent to mention here that seniority are maintained at Commissionerate/zone basis and absorption on transfer is also treated as new recruitment but in that case service is counted for eligibility not for seniority. It means that only eligible candidates can be under zone of consideration and if a senior is not eligible, he will out of consideration zone. I want to file a case. Please suggest me.
Ms.Usha Kapoor
(Expert) 01 September 2016
Dear Client,
Yes-after giving Legal Notice to your Department officials including the top Management you file a writ of mandamus in High Court seeking directions to your organization officials to consider your candidature on merit basis and count your service in other designation posts in the same Department for promotion and raising the same contentions before the Highcourt. You may win the case. Engage a good writ lawyer.Best of Luck!
Ms.Usha Kapoor
(Expert) 01 September 2016
Dear Client,
You can also file a case in CAT.
Raj Kumar Makkad
(Expert) 01 September 2016
If absorption on transfer is also treated as new recruitment in the post of Inspector(Preventive Officer) under exclusive Customs Commissionerate LIKE through direct recruitment then chances of past service for the purpose of promotion is not entitled as per general understanding of the rules. You shall to wait for next 3 years on this new post for the purpose of the consideration for the higher post as per rules you cited.
Rajendra K Goyal
(Expert) 01 September 2016
Agree with the expert raj kumar makkad.
R K SINGH
(Querist) 01 September 2016
Dear sir/madam,
But in direct absorption cases also, though it is done in direct recruitment quota, the previous service in Customs Department in any equivalent designation(out of three) is counted for the purpose of eligibility. Difference is only that I have come in direct quota through open examination from the previous equivalent post; whereas in the former case, it is done on request basis on direct recruitment through absorption on transfer. When I was relieved from previous post to present post, absorption on transfer basis policy was not functional for time being and it was again operational after when I joined in the post of Inspector(Preventive Officer) on direct recruitment through open examination. My previous service has been counted for all other purposes like pay protection, leave, Financial Upgradation, pension etc.
R K SINGH
(Querist) 01 September 2016
At the same time, I want to mention after promotion from GR. B to A, all cadres assimilates in one and it becomes Assistant Commissioner of Customs, Central Excise and Service Tax. This is unique feature under CBEC where one grade Inspector(Central Excise) is forced to work under three departments(Customs, Central Excise and Service Tax) in the post of Inspector and other two grades Inspector(Preventive Officer) and Inspector(Examiner) work under Customs Department only. Upto promotion to Gr. B Gazetted grades, the establishment remains the same. But when they are promoted to GR. A, they become Assistant Commissioner of Central Excise or Service Tax without a single day experience in that departments.
Guest
(Expert) 01 September 2016
Dear R.K. Singh,
Line of promotion and the seniority in the cadre you were recruited, as per the recruitment rules for your cadre are sacrosanct. If absorbed in other cadre, you cannot claim seniority and or promotion over and above the existing employees in the cadre at the time of your absorption in that cadre.
Joint penal submerged of different cadres together for the purpose of common recruitment to Group 'A' level after promotion from Group 'B' has no relevance for the purpose of promotions in the lower cadres.
P. Venu
(Expert) 01 September 2016
There appears to be merit in your contention. You may represent and can seek judicial review, if no positive response. The proper forum is CAT. High Court has no jurisdiction.
Raj Kumar Makkad
(Expert) 05 September 2016
Counting of previous service for all other prposes ipso facto do not make you entitled for the grant of the promotion or preference over the existing cadre as explained by ld. Dhingra ji.
Sudhir Kumar, Advocate
(Expert) 23 October 2016
You have been well enlightened by Mr Dhingra and Mr Makkar.
From given facts it appears that you left one cadre and got absorbed in one cadre.
Please correct me if facts are not so.
In such case your past service will only count towards pension/gratuity and priority for govt accommodation and eligibility for gpf advances / withdrawals.
You have agreed for zero seniority in new cadre.
Rajendra K Goyal
(Expert) 23 October 2016
Author need to clear the actual situation as mentioned in the advice from expert Sudhir Kumar.
