O. A. No. 224/2009. Case: 1. D. L. Anilkumar S/o J. Dharmadas, Radio Operator, presently posted as Supervisor (Communication) O/o Commissioner of Central Excise and Customs, ICE Bhavan, Thiruvanathapuram, 2. V. Kumaraswamy, Supervisor (Communication) Central Excise Head quarters, Thiruvanathapuram, 3. M. R. Ramesh, Radio Operator, Central Excise Head quarters Cochin Vs 1. Union of India, Represented by the Secretary, Department of Revenue, Ministry of Finance North Block, New Delhi, 2. Secretary, Department of Expenditure, Ministry of Finance, North Block, New Delhi, 3. Chairman Board of Central Excise and Customs North Block, New Delhi, 4. Commissioner, Directorate of Logistics, A Wing, New Delhi, 5. Additional Director (Communication), Shopping Centre, New Delhi, 6. Commissioner, Customs Preventive, Commissionerate, Ernakulam Kochi, 7. Commissioner, Central Excise and Customs Central Revenue Building, Thiruvanathapuram, 8. Commissioner, Central Excise and Customs Central Revenue Building, Cochin. Central Administrative Tribunal
| Case Number | O. A. No. 224/2009 |
| Judges | P. R. Raman (Judicial Member) & K. Noorjehan (Administrative Member) |
| Issue | Service Law |
| Judgement Date | June 14, 2011 |
| Court | Central Administrative Tribunal |
Judgment:
K. Noorjehan (Administrative Member), (Ernakulam Bench)
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The applicants, Radio Operators in the Telecommunication wing of the respondents department are aggrieved by Annexure A1 order to the effect that they may be withdrawn from the section of the main stream where they stand deputed now.
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Brief facts of the case as stated by the applicants are that the Telecommunication wing is a dying cadre hence this wing was not included in the restructuring process of the respondent department and likely to be closed down. Presently the applicants are working in the main stream of the respondent department. Even though they are working in the main stream but restrained to participate in the examination for promotion to the post of Inspectors. The 1st applicant has filed OA 634/2005 before this Tribunal seeking modification of the recruitment rules to enable consideration of Radio Operators to the post of Senior Tax Assistants in the ministerial wing and for further promotion as Inspector of Central Excise on the ground that the category of Radio Operators is a dying cadre and therefore do not have any prospects for further promotion. It is also stated that even though the department started the process of merger of the telecommunication personnel with the main stream but waited for the report of the SIU. The aforesaid OA was disposed of directing the respondents to expedite the policy decision on the issue of merger within a period of three months. The SIU report of the Department of Expenditure reveals that there is no justification for continuance of the office/staff of the telecommunication wing of CBEC which needs to be wound up. Now the department is reviving the Telecommunication wing which according to the applicant would be a loss in exchequer to the respondents. It is submitted that if Annexure A1 is implemented and the applicants are withdrawn from deputation, it would be disadvantageous to the applicants interest. Therefore the applicants prays for a direction to the respondents to allow the merger of Radio Operators and Supervisors to the post of Inspectors on ad hoc basis
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The respondents have filed reply statement controverting the plea of the applicants. They submitted that for operation of upgraded communication systems and usage of X-ray scanner and electronic survellance system qualified technical staff is essentially required. The telecommunication wing was established in 1974 and the wireless communication covers the Customs formations along the Indo-Pak border, Indo-Nepal border and Indo-Bangladesh border and the coastal lines to watch the antismuggling activities and ensure national security. Due to the liberalisation of economy there...
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