DG/HRD has sent a letter recently to Secretary SSC requesting to inform the details about change of pattern of examination from regional to All India for recruitment of Inspectors and Tax Assistants. DG/HRD has also requested for copies of results, merit lists etc of the examinations from the date of conversion of pattern of examination from zonal to all India.. Further DG/HRD has also examining the following OMs for preparation of all India seniority list of Inspectors and Tax Assistants retrospectively since 1975. 1. The relative seniority of all direct recruit shall be determined by the order of merit in which they are selected & persons appointed as a result of an earlier selection being senior to those, appointed as a result of a subsequent selection: [MHA OM No. 9/11/55-RPS dt.14.1.1960]{reaffirmed in para 2.1 of DoP&Ts OM No.20011/1/2008-Estt.(D) dt.11.11.2010} 2. . The DoP&T under OM No.AB-14017/12/97-Estt(RR) dt.24.9.1997 has clarified that - the Eligibility List as distinct from Seniority List, by referring to SC judgment dt.8.3.1988 that states Seniority can not be substituted for eligibility nor it can over-ride it in the matter of promotion to the next higher post. This OM further mentions at para 3 that, Ministry of Finance to take conscious decision to amend the relevant RRs/Service Rules. 3. . The Guidelines issued by DoPT (in 1993, in 2010) for Promotion requires that -The eligibility list for promotion shall be prepared with reference to the date of completion by the officers of the prescribed qualifying service in the respective grade/post.[in instant case, as Inspector Central Excise] 4. The Notification [davp3101(55)98] issued by the Secretary, Staff Selection Commission states that- the SC judgment dt.9.12.1997 in C.A.No.4190/1995 has struck down the scheme of zone-wise selections. As per legal advice/opinion received by the Commission subsequently, the above decision of the Honble Supreme Court would be applicable even in examinations which had been notified in accordance with the zonal scheme prior to the date of the said judgment, and select lists are required to be prepared on all India basis. Under the circumstances the proposed Joint Meeting of Inspectors and Superintendents are very crucial to decide for filing of a CAT case to stay the CR and retrospective removal of regional disparity in promotions. Therefore all are requested to attend the same without fail.
Posted on: Wed, 30 Oct 2013 09:49:30 +0000
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