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Catch Up Rule and Reservation in Promotions

February 13, 2018

Reservation in Promotions

 

Central Administrative Tribunal  (CAT) Chandigarh has recently quashed multiple promotions at Central Board of Excise and Customs Ludhiana. Court in its order observed, the competent authority has ignored the principles of catch -up rule with impunity and wrongly applied the policy of reservation.

The petition is filed by one of the employees of the department wherein the authority (CBEC) has promoted juniors to appellant on applying policy of reservation.

The promotions in question are from cadre of Superintendent of Customs  (preventive) to the post of Assistant Commissioners of Customs and Central Excise ahead of him on the basis of reservation in promotion.  Thus ignoring the mandate of Apex Court, which is Supreme Court of India.

As per record, applicant and other respondents who got the advantage had joined in the year 1992, as Preventive Officers (customs) . The respondents were promoted as Superintendent in the year 2002 on 17 Oct, 2002 wherein the applicant of general category got promotion on 13th May in the same year.

Thereafter, the applicant and respondents remained in the same category of Superintendent of Customs (preventive ) until the authority  (CBEC ) promoted respondents (10 in number) to the posts of assistant commissioners of customs (preventive ) ignoring the applicant by not applying catch up rule on the grounds of reservation.

The court held this order of authority illegal and bad in law,  thereby directing them to make new seniority list within 3 months of this order which came on thursday 8.2.2018

The applicants and respondents are working for commissioner of customs officer Ludhiana. The impugned promotions were made on the basis of reservation in promotion against the mandate of service law.

Now that the seniority list of may 2016 along with promotion of February 2018 are gone, the authorities  (CBEC) have to comply the orders of CAT Chandigarh. The authorities have to implement the principle of catch-up rule and then give promotions to the post of assistant commissioner of customs and central excise without applying the policy of reservation in promotion.

Earlier it was DSP posting, then transfer of Forest officer and now Catch-up rule, the CAT tribunal Chandigarh is quick and responsive on finding any discrepancy or anamoly from the normal rule when it comes to services matters of central  government employees.

If you are facing a similar issues on problem related to service matter in your department, then LegalSeva can be of quick help to you. Dial 9988817966 or write to us at satish@legalseva.net. We will surely assist you in the best way we can. 

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