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Showing posts from October, 2017

The existential crisis for the department

Dear Comrades and friends, Wishing you all a very happy Diwali – the day of light, bright and colourful.   May the light lead us to better days ahead. Within our department, we face an existential crisis.   If it has not been noticed, then this is the moment to grasp it. The former leadership sat over the signals, repeatedly highlighted by persons like Com. Pyne and Com. Mouli that the GST was going to be a huge avalanche for the department and that we as an organisation had to be prepared for it.   It fell on deaf ears, until the DR IRS Association got involved. Even then, in spite of almost the entire body present in the Preconvention meeting at Delhi preferring to proceed on our charter, under our own flag, it was compromised and we saw our leader go along with DR IRS and Appraisers, whose interests have never been in unison with ours, through out the history of the department. Now, the ‘ring fencing of Customs’, ‘liquidation of legacy issues in a jiffy’, ‘di...

The existential crisis for the department

Dear Comrades and friends, Wishing you all a very happy Diwali – the day of light, bright and colourful.   May the light lead us to better days ahead. Within our department, we face an existential crisis.   If it has not been noticed, then this is the moment to grasp it. The former leadership sat over the signals, repeatedly highlighted by persons like Com. Pyne and Com. Mouli that the GST was going to be a huge avalanche for the department and that we as an organisation had to be prepared for it.   It fell on deaf ears, until the DR IRS Association got involved. Even then, in spite of almost the entire body present in the Preconvention meeting at Delhi preferring to proceed on our charter, under our own flag, it was compromised and we saw our leader go along with DR IRS and Appraisers, whose interests have never been in unison with ours, through out the history of the department. Now, the ‘ring fencing of Customs’, ‘liquidation of legacy issue...

Supreme Court Order in Subramaniam case

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No(s). 8883 of 2011 UNION OF INDIA AND ORS. Appellant(s) VERSUS M.SUBRAMANIAM Respondent(s) WITH SLP(C) No. 23513 of 2015 AND SLP(C) No. 3189 of 2015 AND SLP(C) No. 17576 of 2017 O R D E R We have heard learned counsel for the parties and perused the record. We do not see any ground to interfere with the impugned order(s). The appeal and also the special leave petitions filed by the Union of India are accordingly dismissed. ..........................J. (ADARSH KUMAR GOEL) ..........................J. (UDAY UMESH LALIT) New Delhi, October 10, 2017. ITEM NO.4 COURT NO.10 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 8883 of 2011 UNION OF INDIA AND ORS. Appellant(s) VERSUS M.SUBRAMANIAM Respondent(s) (IA NO 6 – Applications for impleadment TO BE LISTED) WITH SLP(C) No. 23513/2015 (XI -A) SLP(C) No. 3189/2015 (XI -A) SLP(C) No. 17576/2017 (XI -A) (With Interim Relief) Date:...

Supreme Court Order in Subramaniam case

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No(s). 8883 of 2011 UNION OF INDIA AND ORS. Appellant(s) VERSUS M.SUBRAMANIAM Respondent(s) WITH SLP(C) No. 23513 of 2015 AND SLP(C) No. 3189 of 2015 AND SLP(C) No. 17576 of 2017 O R D E R We have heard learned counsel for the parties and perused the record. We do not see any ground to interfere with the impugned order(s). The appeal and also the special leave petitions filed by the Union of India are accordingly dismissed. ..........................J. (ADARSH KUMAR GOEL) ..........................J. (UDAY UMESH LALIT) New Delhi, October 10, 2017. ITEM NO.4 COURT NO.10 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Civil Appeal No(s). 8883 of 2011 UNION OF INDIA AND ORS. Appellant(s) VERSUS M.SUBRAMANIAM Respondent(s) (IA NO 6 – Applications for impleadment TO BE LISTED) WITH SLP(C) No. 23513/2015 (XI -A) SLP(C) No. 3189/2...

Request for implementatation of 5400 order in rem

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ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS (Representing the Superintendents of C.Ex & CGST) [Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008] 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018. Email id: aisacbitc@gmail.com & manimohanr66@gmail.com President Sanjay Srinivasan Vice Presidents:   Prabir Mukhopadhyay Sanjay Kumar   H.S. Bajaj   K.S. Kumar P.K. Jaishankar Iyer Secretary General   R. Manimohan (09443063989) Asst Secy General   Shishir Agnihotri Joint Secretaries: Kousik Roy D. S. Thakur Malkit Singh   Kalugasala Moorthy Sandip Panvalkar Core Committee: R. Chandramouli Tirthankar Pyne Ajit Kumar K.G. Office Secretary: K.R.Dinesh Kumar (09443935875) Ref. No: CBEC/29/2017                                Date: 11.10.2017 ...

Request for implementatation of 5400 order in rem

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ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS (Representing the Superintendents of C.Ex & CGST) [Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008] 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018. Email id: aisacbitc@gmail.com & manimohanr66@gmail.com President Sanjay Srinivasan Vice Presidents:   Prabir Mukhopadhyay Sanjay Kumar   H.S. Bajaj   K.S. Kumar P.K. Jaishankar Iyer Secretary General   R. Manimohan (09443063989) Asst Secy General   Shishir Agnihotri Joint Secretaries: Kousik Roy D. S. Thakur Malkit Singh   Kalugasala Moorthy Sandip Panvalkar Core Committee: R. Chandramouli Tirthankar Pyne Ajit Kumar K.G. Office Secretary: K.R.Dinesh Kumar (09443935875) Ref. No: CBEC/29/2017               ...

For DPC to the posts of ACs

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I have been getting calls from various parts of the country enquiring about the present status of implementation of the N.R.Parmar judgement and the DPC for the posts of ACs lying vacant. While some have insisted that Parmar judgement should be got implemented, some others have pleaded that they may be promoted because they may not get a promotion at all. This dichotomy within the cadre is understandable. Unlike some others who try to bring pressure on those who have gone to Court, we have tried to make the Board take some concrete steps to avoid forcing members to go to courts to get a settled law implemented and also to ensure that the promotional posts are not allowed to lie vacant when people are totally demoralised by stagnation. We said this on 18.08.2017 during our meeting with the Member (Admn) and reitereated it on 15.09.17 to him. In the light of the dismissal of the Review petition of the department in the case before the Madras High Court, we have urged the Board o...

For DPC to the posts of ACs

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I have been getting calls from various parts of the country enquiring about the present status of implementation of the N.R.Parmar judgement and the DPC for the posts of ACs lying vacant. While some have insisted that Parmar judgement should be got implemented, some others have pleaded that they may be promoted because they may not get a promotion at all. This dichotomy within the cadre is understandable. Unlike some others who try to bring pressure on those who have gone to Court, we have tried to make the Board take some concrete steps to avoid forcing members to go to courts to get a settled law implemented and also to ensure that the promotional posts are not allowed to lie vacant when people are totally demoralised by stagnation. We said this on 18.08.2017 during our meeting with the Member (Admn) and reitereated it on 15.09.17 to him. In the light of the dismissal of the Review petition of the department in the case before the Madras High Court, we have urg...

ON SUBRAMANIAM CASE

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Dear Comrades, By this time news would have reached all of you that the SLP filed by the Dept against the Madras High Court Order in the Subramaniam case with regard to grant of GP 5400 on completion of 4 years in GP 4800 has been dismissed by the Supreme Court yesterday.  [For those who have asked me its impact implications etc, I would like to explain in simple terms that by this decision, it is held that who ever completed four years of continuous service in the GP 4800 shall be eligible to get GP 5400 PB-2. The contention of the dept that it will apply only to those who got promoted to the GP 4800 and only from that date, is rejected by the Hon'ble SC.]  We have work to do in this matter at the level of the Board and Ministry, so that the process of its implementation is quickened. By a quirk of luck I could be available in the court when the matter came up for hearing – due to a trip planned to Delhi for organisational purposes at the insistence of Com. Anu...

ON SUBRAMANIAM CASE

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Dear Comrades, By this time news would have reached all of you that the SLP filed by the Dept against the Madras High Court Order in the Subramaniam case with regard to grant of GP 5400 on completion of 4 years in GP 4800 has been dismissed by the Supreme Court yesterday.  [For those who have asked me its impact implications etc, I would like to explain in simple terms that by this decision, it is held that who ever completed four years of continuous service in the GP 4800 shall be eligible to get GP 5400 PB-2. The contention of the dept that it will apply only to those who got promoted to the GP 4800 and only from that date, is rejected by the Hon'ble SC.]  We have work to do in this matter at the level of the Board and Ministry, so that the process of its implementation is quickened. By a quirk of luck I could be available in the court when the matter came up for hearing – due to a trip planned to Delhi for organisational purposes at the ins...