O.A. Nos. 643/2009 and 400/2010. Case: 1. Joju M. Mampilly, Inspector of Central Excise and K. Sreevallabha Senan, Inspector of Central Excise, 2. Joseph K. John Inspector of Central Excise Vs 1. Union of India (UOI) represented by Secretary, Department of Revenue, Ministry of Finance and Ors., [Alongwith O.A. Nos. 650 and 835/2009], 2. The Commissioner of Central Excise, The Chief Commissioner of Central Excise Kerala Zone, The Chief Commissioner of Central Excise Mumbai Zone and Union of India (UOI) represented by Secretary, Department of Revenue, Ministry of Finance. Central Administrative Tribunal
| Case Number | O.A. Nos. 643/2009 and 400/2010 |
| Judges | George Paracken (J) and K. Noorjehan (A), Members |
| Issue | Customs Act |
| Judgement Date | May 16, 2011 |
| Court | Central Administrative Tribunal |
Order:
George Paracken, Member (J), (Ernakulam Bench)
1. The grievance of the applicants in O.A.643/2009, 650/2009 and 835/2009 are against:
i) F. No. A.22015/19/2006-Ad.III.A dated 27.3.2009 regarding relaxation of ban on Inter Commissioner ate Transfer (ICT for short) in Groups-B, C and D posts on "spouse ground". According to the said letter, the Central Board of Excise & Customs (CBEC for short) considered and deliberated upon the instructions of the Do PT contained in their O.M. No. 28034/7/96-Estt(A) dated 30.4.1986 amended by the O.M. dated 12.6.1997 and O.M dated 23.8.2004 amending to which husband and wife are, as far as possible, and within the constraints of administrative convenience, posted at the same station in its meeting held on 4.3.2009 and decided to relax their earlier instructions regarding ICT partially and to permit IC Ts of Groups-B, C and D officers beyond the Commission rates i.e from one Cadre Controlling Authority to another, without loss of seniority, subject to certain conditions. The said letter is reproduced as under:
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No. A.22015/19/2006-Ad.III.A
Government of India's Ministry of Finance
Department of Revenue
Central Board of Excise & CustomsHUDCO, Vishala (9th Floor), Bhikaji Cama Place,
R.K. Puram, New Delhi-110 066,
Dated, the 27th March, 2009.To
All the Chief Commissioners/Directors General under CBEC (by name)All the Commissioners in-charge of Directorates under CBEC (by name)
Subject: Ban on Inter-Commissioner ate Transfers (ICT) in Group B, C and D posts - Relaxation on Spouse Ground.
Sir/Madam,
I am directed to refer to the Board's Circular F. No. A.22015/3/2004-Ad.IIIA dated 19.02.2004, as modified vide the letter dated 09.03.2004, vide which the Inter-Commissioner ate Transfers of Groups-B, C and D officers were banned. Although the term used was Inter-Commissioner ate Transfers', the ban was actually confined to transfers from one Cadre Controlling Authority to another. There was no ban on transfers amongst the Commission rates having common cadre, where no loss of seniority was involved, as was clarified vide letter dated 09.03.2004 referred to above.
2. However, it has been pointed out that the instructions of the DO PT (contained in their OM No. 28034/7/86-Estt(A) dated 03.04.1986 as amended by OM dated 12.06.1997 and 23.08.2004), provide that "a husband and wife are, as far as possible, and within the constraints of administrative convenience, posted at the same station."
3. The Board deliberated upon the issue in its meeting held on 04.03.2009 and have decided to partially relax the earlier instructions of the Board as referred to above, in order to facilitate posting of husband and wife at the same station in line with the instructions of the DO PT. Accordingly, it has now been decided to permit inter-Commissioner ate transfers of Groups-B, C and D officers beyond the Commissioner ate having common cadres, i.e. from one Cadre Controlling Authority to another, without any loss of seniority, subject to the following conditions:
a) The transfer/change of cadre shall be permissible only in cases where the spouse is employed with either the Central Government/a State Government.
b) The option for change of cadre must be exercised within six months of the initial appointment of the officer, if the officer is married at the time of such initial appointment. In case of marriage taking place subsequent to the initial appointment, the option must be exercised within six months of the marriage. Further, as far as the past cases are concerned, the option must be exercised within six months of the issue of these instructions.
4. The procedure for change of cadre will be the same as stipulated in the Board's instructions dated 19.02.2004 referred to above, i.e the change of cadre will take place with the approval of the transferor and transferee Cadre Controlling Authorities. There will be no need to seek approval of the Board for this purpose.
5. The above instructions are being issued with the approval of the Chairman, CBEC and may be brought to the notice of all concerned for compliance.
Yours faithfully,
Sd/-
(K.K. Kattar)
Under Secretary to the Government of India Copy to:All the Recognised Staff Associations. Concerned (under CBEC) - for information and circulation among their members.
ii) Letter F. No. A.22015/11/2008-Ad.III.A dated 29.7.2009 lifting the ban on ICT of Groups-B, C and D and relaxation in respect of appointments against "compassionate ground" vacancies quota. By this letter, the CBEC has permitted ICT of Groups-B, C and D officers from the jurisdiction of one Cadre Controlling Authority to another in case of officers appointed against the 5% compassionate vacancies quota, without any loss of seniority. The said letter is reproduced as under:
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No. A.22015/11/2008-Ad.III.A
Government of India
Ministry of Finance
Department of Revenue Central Board of Excise & CustomsHUDCO, Vishala (9th Floor), Bhikaji Cama Place,
R.K. Puram, New Delhi-110 066,
Dated, the 29th July, 2009.To
All the Cadre Controlling authorities (CC As) under CBEC.Subject: Ban on Inter-Commissioner ate Transfers (ICT) in Group-B, C and D posts - Relaxation in respect of Appointments against Compassionate Quota vacancies.
Sir/Madam,
I am directed to refer to the Board's circular -
No. A.22015/3/2004-Ad.IIIA dated 19.02.2004, as modified vide letter dated 09.03.2004, vide which the Inter-Commissioner ate Transfers of Groups-B, C and D officers were banned. The ban was relaxed on spouse ground vide Board's Circular No. 22015/19/2006-Ad.IIA dated 27th March, 2009, without any loss of seniority and subject to specific conditions. This was done to facilitate posting of husband and wife at the same station in line with the instructions issued by the Department of Personnel and Training.
2. The proposal for considering similar relaxation in cases where officers have been appointed against the 5; compassionate vacancies quota, has been under consideration of the Board. The matter was discussed in the Board Meeting held on 22.07.2009. After careful consideration of all relevant factors, the Board was of the view that the ban on ICT has been causing undue hardships to compassionate appointees and was therefore, the ICT ban should be relaxed in such cases.
3. Accordingly, it has now been decided to permit inter-Commissioner ate transfers of Groups-B, C and D officers from the jurisdiction of one Cadre Controlling Authority to another, in case of officers appointed against the 5% compassionate vacancies quota, without any loss of seniority. However, all requests for such transfers shall have to be referred to the Board and the decision will be taken at the Board level for permitting the transfers.
Yours faithfully,
Sd/-
(K.K. Khattar)
Under Secretary to Government of Indiaiii) Letter F. No. A.22015/18/2009. Ad. III. A dated 7.8.2009 issued to one Shri F.M. Jaswal clarifying that the aforesaid letter dated 27.3.2009 of the CBEC DoPT instructions regarding posting on "spouse ground" did not make any distinction between direct recruitment quota and promotion quota vacancies and therefore, the relaxation in ban on ICT on "spouse ground" shall be applicable to all categories of employees i.e. direct recruitment quota and promotion quota employees. The said letter is reproduced as under:
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No. A.22015/18/2009-Ad.III.A
Government of India
Ministry of FinanceDepartment of Revenue
Central Board of Excise & CustomsHUDCO, Vishala (9th Floor), Bhikaji Cama Place,
R.K. Puram, New Delhi-110 066,
Dated, the 7th August, 2009.Ms. F.M. Jaswal,
Commissioner of Central Excise, Delhi-I,
C.R. Building, I.P. Estate,
New Delhi.Subject: Ban on Inter-Commissioner ate Transfers (ICT) in Group B, C and D posts - Relaxation on Spouse Ground - Clarification - reg.
Madam,
I am directed to refer to your letter C. No. II-3(15) Et.I/2009/3978dated Nil, with reference to Board's Circular F. No. A.22015/19/22006-Ad.III.A dated 27th March, 2009, vide which the ban on ICT was relaxed on spouse ground, without any loss of seniority and subject to specific conditions. This was done to facilitate posting of husband and wife at the same station in line with the instructions issued by the Department of Personnel and Training. You have sought a clarification as to whether such requests can be considered against Promotion Quota vacancies also, as in some cadres like Superintendents; there are only Promotion Quota vacancies.2. The matter has been examined in the Board. The DoPT instructions regarding postings on spouse ground do not make any distinction between DR quota and Promotion Quota vacancies. So is the case with the Board's instructions issued vide letter dated 27.03.2009. Accordingly, it is hereby clarified that the relaxation in ban on ICT on spouse ground granted vide Board's Instructions dated 27.03.2009 shall be applicable to all categories of employees, i.e. DR quota as well as Promotion Quota employees.
Yours faithfully,
Sd/-
(K.K. Khattar)
Under Secretary to the Government of IndiaCopy to:
All the Cadre Controlling Authorities (CC As) under CBEC - for kind information and necessary action.
Brief facts:
O.A.643/2009
2. The applicants are working under the 3rd Respondent which is the Cadre Controlling Authority of the Inspectors of Central Excise. They have the zonal seniority determined and maintained separately. The first applicant joined the 3rd Respondent, i.e. the Chief Commissioner of Customs & Central Excise, Kerala Zone, Central Revenue Building, I.S. Press Road, Cochin as Inspector of Central Excise on 1.5.1995 as a direct recruit. The 2nd applicant was promoted to the cadre of Inspector of Central Excise on 7.5.2008 under the promotional quota. Both of them are aspirants to the higher cadre of Superintendents of Central Excise, to which placements are made on 100% promotion as per the relevant recruitment rules.
O.A.650/2009
3. The 1st applicant in this case is the Association of...
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