Respected Sir,

I am physically handicapped employee working in the Central Excise Dept. as Deputy Office Supt(DOS),which is a Ministerial Cadre.

In our Department, there are two avenues for promotion viz. (1) Inspector of Central Excise,(Executive Cadre) and DOS (Ministerial Cadre). Usually UDC/TA are feeder cadre for promotion to the grade of Inspector of Central Excise .PH employees in the Department are not allowed to become Inspector and there was only one option to become D.O.S. Ministry of Social Justice vide Notification No.16/25 /NI dated 31.5.2001 identifying the post of Inspector of Central Excise also can be handled by PH employees. As there was no option to become Inspector, I was promoted as DOS. After promulgation of Notification dated 31.5.2001 of Social Justice and Empowerment. I am eligible for the post of Inspector of Central Excise.

My request for becoming Inspector was not acceded to by the Department ,based on the grounds that Notification of Social Justice and Empowerment dated 31.5.2001 was issued only in the year 2001 and is not having any retrospective effect further once promoted to the cadre of DOS, cannot be reverted for purpose becoming Inspector as per CBEC letter F.No.A.32011/10/88.AD.III A dated 10.06.88, which was issued with consultation of Department of Personal and Training.

I filed the case with Central Administrative Tribunal, Chennai, vide O.A.No.381/2005 dated 25.1.06 and passed the Judgment that impugned orders already passed by the Department ,not acceding to my request was set aside and Department is relying upon a General instructions issued vide Ministry’s F.No. A.32011/10/88.AD.III A dated 10.6.88( with consultation of DOPT issued) and stating that while considering such cases, the respondents are expected to take all possible efforts to give equal opportunity to the Physically Handicapped employees and treating the equals as unequals amount to discrimination. Three months time was allowed by the CAT., Chennai to pass the speaking order and O.A.was allowed.

The Department had gone on appeal against the Order of CAT, Chennai vide W.P.NO.13306/06 (W.P.M.P.No.14629/2006) to High Court, Chennai. The High Court, Chennai also upheld the order of the CAT, Chennai and W .P filed by the Department was dismissed directing that no prejudice would be caused for reconsidering the matter afresh and appropriate orders to be passed in accordance with law in force.

The Department vide letter C.No. II/39/131/05 Estt. CCA dated 20.9.06 passed the speaking order negatively stating that as per the CBEC Ministry’s instructions vide letter F. No. B.12017/5/91-AD.III B dated 13.7.1993 and F. No. A.32011/9/95.AD.III A dated 19.4.06, Physically Handicapped persons should not be allowed to the Cadre post of Inspector of Central Excise.

Further vide F .No. A.32011/10/88. AD.III A dated 10.6.88 Finance Ministry had stated that matter of reversion of DOS (LII) for reversion to their substantive grade of U.D.C. for further promotion to the other cadre such as Inspector of Central Excise is not allowable, the decision taken by the Department was issued in consultation with DOPT ,Ministry of Personnel, Pensions, Public Grievances. The same instructions has been reiterated by Ministry of Finance letter F.No.32022/24/92 AD.III A dated 10.9.1992.

3% reservation is not implemented in our Department. Presently, Ministry of Finance (Department of revenue) has issued letter F. No. A.12034/62/2005 AD.III B dated 5.06.2006 and 27.11.06 reiterating that 3% Quota should be reserved for PH persons in the Customs and Central Excise Department for appointment/promotion of Inspector of Central Excise/P.O/Examiner.

Based on the judgement of Kerala High Court in O.P.(CAT) No.204 of 2010 and W.P.(C) No. 14028 of 2010 dated 26/9/2011, Shri.C.A. Joseph, Administrative Officer was promoted as Inspector of Central Excise vide Commissioner of Central Excise, Cochin Order No.201/12 dated 5.11.12(issued from file C.No.II/3/8/2012)

In view of the above, my request may be considered for promotion to the grade of Inspector of Central Excise .

Yours faithfully,

CELL 99940 57848

(M.ABDUL JABAR)