ALL INDIA FEDERATION OF SUPERINTENDENTS OF CUSTOMS
HQ: New Custom House, Mumbai - 400 001

ANNUAL CONFERENCE 2007

(Visakhapatnam, 14th & 15th June, 2007)

SOME IMPORTANT LETTERS WRITTBN BY THE FEDERATION

AIFSC/02/2006

02.02.06

The Commissioner of Customs (Admn.),
Airport & Air Cargo Complex,
Kolkata Custom House,
15/1, Strand Road,
Kolkata.

Sir,

Sub: Deployment of Superintendents (P) reg:-

At the out set we thank you for having accepted the invitation of the Association of the Superintendents of Customs, Kolkata and giving your valuable time and advice at the inauguration ceremony of the Annual Conference of the All India Federation of the Superintendents of Customs held on 18th of January 2006 at Kolkata.

We are also thankful to you for giving us a patient hearing on 20th January at your office on various issues relating to the Superintendents (P) of Kolkata Custom House.

In Mumbai Customs Zone the Superintendents (P) are given the work of Export Clearance in all the three Custom Houses ie New Custom House, Mumbai, Jawaharlal Nehru Custom House and Air Cargo Complex, Mumbai. The copy of local orders issued by all three Custom Houses showing deployment of Supdts in Export Clearance work [highlighted] is enclosed for your kind perusal.

In view of above, and in view of our discussion with you on 29th instant, 2006 it is requested that in Kolkata Customs Commissionerate also, the Superintendents (P) may be given the Export Clearance work, to apprise and acquaint them with the field knowledge of Export Clearance which will in turn help them as and when they are posted for intelligence and investigation work in units like SIIB, CIU etc.

We hope that our request will be given a pragmatic and positive consideration.

Thanking you in anticipation.

Yours faithfully,

(AP.S.Dhillon)
General Secretary.

Copy: General Secretary, Association of the Supdts of Customs (P), Kolkata.

AIFSC/07/2006

14.04.06

The Chairman,
Central Board of Excise & Customs,
North Block,
New Delhi-110 002.

Sub: Holding of routine DPC for promotion to the post of the Asst. Commissioner Of Customs & Central Excise reg:-

Respected Sir,

Kindly refer the subject above.

As the process of holding DPC and order of promotion always faced with demands and counter demands from the concerned cadres to get more share of the available vacancies, in absence' of a clarifying note about the number of available vacancy and the manner of their distribution among the feeder cadres, there always exist a cloud of suspicion on the Board to favour some of the feeder cadre. This issue was discussed at length with our members and the consensus view emerged out of such discussions are submitted in the following paragraphs:-

1. The last promotion orderwas issued before one year and in the mean time some of our eligible Superintendents were retired without getting their due promotion. It may thus be considered that the eligibility list for each year may be prepared in advance and the promotion may immediately be made when the vacancies become available by conducting DPC's regularly as per laid down norms.

2. The earlier promotion orders including the last one carried a note to state that "the promotions have been made purely on ad-hoc basis for a limited period of Six Months "However, after six months of those promotions, no further order was issued nor any action was taken to respect such an important condition/clause ofthe promotion orders. In fact, the last order of regularization was issued more than 8 years back. It is surprising that some ad-hoc AC's were given further ad-hoc promotion as DC. We are frustrated with the continuity of ad-hocism in promotion of AC's against the norms of DOPT and eamestly request to bring an end to the ad-hocism and regularize all the promotions to the grade of AC's in line with the order of the Apex Court.

3. The Superintendents of Customs are getting promotion as AC at a very late stage of their service life due to severe stagnation in our cadre. Majority ofthose promoted AC's do not get any further promotion till their retirement. It has been observed that some of the Superintendents whose postings on promotion have been given at far off places, prefer to opt for voluntary retirement due to age, family compulsions etc. As a result, the cadre of Superintendents immediately loose the vacancy which was offered, resulting in reverting the vacancy back to the slot of9 (promotion ratio 6:1:2 between the three feeder cadres). In view of the above and also on human consideration of age factor, on promotion our cadre may be given a postings within the zone, preferably near their parent Commissionerate.

We shall be obliged ifthe above points are taken for kind consideration and immediate action.

Thanking you,

Yours faithfully,

(A.P.S.Dhillon)
General Secretary

Copy to: 1. The Member (P & V), C.B.E.C, North Block, New Delhi. 2. The Member (Customs), C.B.E.C, North Block, New Delhi. 3. The Joint Secretary (Admn.), C.B.E.C, North Block, New Delhi.

AIFSC/09/2006

19.05.06

The Chairman,
Central Board of Excise & Customs,
North Block,
New Delhi-110 002.

Sub: Regularisation of ad-hoc promotion made to the post of Asst. Commissioner of Customs and Central Excise and holding of routine OPC for promotion to the post of the Asst. Commissioner Of Customs & Central Excise reg:-

Respected Sir,

Kindly refer to our letter noAIFSC/07/2006 dated 14.4.06 onthe subject above.

We are sincerely thankful to the Board that last year some of the backlog vacancies, which were due to us, were allotted to our cadre while making the promotions from Group B to Group A vide office order no 132/2005 dated 22.8.2005 issued from F.No 32012/3/2004Ad-11.

The promotions are still made on ad-hoc basis in excess to the Appraisers and Superintendents of Central Excise. As a result, they are enjoying all the fruits of promotion depriving our members, who are otherwise due.

It is further pointed out that so far since last ten years no exercise has been carried out to regularize the ad-hoc promotions made to the Group A. The out of turn and in other word illegal promotions given to other feeder cadres has become a norm and they are further being promoted to the grade of DC/Joint Commissioner of Customs & Central Excise, thus denying the legitimate rights of our members.

It is therefore, requested to initiate the process of regularization of all ad-hoc promotions in the light of the Hon'ble Apex Court Judgement and hold DPC at regular intervals as per set rules.

We shall be obliged ifthe above points are taken for kind consideration and immediate action.

Thanking you.

Yours faithfully,

(A. P.S.Dhilion)
General Secretary

Copy to: 1. The Member (P & V), C.B.E.C, North Block, New Delhi. 2. The Member(Customs), C.B.E.C, North BloCk, New Delhi. 3. The Joint Secretary (Admn.), C.B.E.C, North Block. 4. The General Secretary, The Association of Supdt. of Customs, Mumbai/Kolkata/Vishakapatnam.

AIFSC/13/2006

03.06.06

The Chairman,
Central Board Of Excise & Customs,
North Block,
New Delhi-11 0002.

Respected Sir,

Sub: Regularisation of ad-hoc promotion made to the post of Asst. Commissioner of Customs and Central Excise and holding of routine DPC for promotion to the post ofthe Asst. Commissioner of Customs & Central Excise at revised ratio as promised by the Govt. reg:-

Ref: Our earlier letter No-AIFSC/9/06 dt 19-05-06 on the subject.

Respected Sir,

Kindly refer to the subject above and our earlier letter dt 19-05-06.

At the outset we are thankful to the Board for initiating the process of holding DPC for promotion to the post of Asst. Commissioner of Customs & Central Excise. Mumbai Custom House is also in receipt of letter F.No A-32012/10/2006-Ad-II dt 15-4-06 from Board for furnishing the ACR and other details of more than hundred Superintendents (P) to be consider for promotion. In this list, there are names of Superintendents who got their promotion as Superintendents of Customs (P), Group 'B' as a result of restructuring (Upgradation) in 1996.

I am obliged to bring to your kind notice the following two promises made to our cadre in writing for consideration of increase in the ratio/quota of promotion of our cadre vis-à-vis Appraisers.

1. We were promised by the Board vide its letter F.No C.50/21/99-AD II dt 161h July 1999 (copy enclosed) that any change for the promotion to the IC & CES, Group A can be considered after the restructuring in CBEC is over.

2. We were also promised by the Joint Secretary (Admn), C.B.E.C Ms Charusheela Sohoni vide letter F. No C-18011/1/2001-AD II dt 15th October 2001 (Copy enclosed) that "need and justification for change in recruitment rules and ratio of 6:1:2 can be examined when these officers appointed against upgraded post in 1996-97 become due for promotion .... " As the current list of Supdt. (P), under consideration for promotion, includes the names of the Supdt.(P) who were appointed against upgraded post in 1996-97, the above promise of the Joint Secretary (Admn), CBEC needs immediate action.

In view of above it is requested that the ratio of quota of promotion between the Superintendents of Customs (P) and Appraisers may be given its due consideration to change in favour of the Supdt. of Customs (P) immediately in the light of the spirit of the orders of the Hon'ble Supreme Court in W.P No.306/88, which adjudged to fix the quota of promotion between the Superintendent of Customs and Appraisers in the ratio of their respective cadre strengths.

Thanking you,

Yours faithfully,

(A.P.S.Dhillon)
Secretary General

Copy to: 1. The Member (P & V), C.B.E.C, North Block, New Delhi, 2. The Member (Customs), C.B.E.C, North Block, New Delhi. 3. The Joint Secretary (Admn.), C.B.E.C, North Block. 4. The General Secretary, The Association of Supdt. of Customs , Mumbai/Kolkata/Vishakapatnam.