To, Dated:19" Sept.2022 Chairperson and Ex-Officio Secretary, To the Government of India, Central Electricity Authority, Room No. 201 (North), Sewa Bhawan, R.K Puram New Delhi — 110066 Subject: Final Representation for Seeking Relaxation for a period of One Months 8 days for determining crucial date for promotion. Respected Sir/ Madam, With due respect and concern, | Ashish Goel, S/o Late Sh. Ram Chander Goel R/o House No 15, Road No.9, East Punjabi Bagh, New Delhi — 110026 was posted as Deputy Director, Central Electricity Authority, Minis y of Power bearing EMP No: 100356, I am writing this letter to you bringing in light a critical issue conceming my Promotion from Dy. Director to Director. | have presented facts of my representation as hereunder. FACTS IN BRIEF; 1. That I joined my service on 09.09.1987 as TA/TO in Central Electricity Authority, Ministry of Power, Go(herein referred as “CEA”) of India and thereafter | was promoted as Assistant Director Grade ~ II on 15.05.1997. It almost took 10 years to be promoted to the post of Assistant Director Grade — I as on 17.08.2007 where I served for 5 more years and was promoted to Deputy Director as on 03.07.2012. As on 08.02.2020 I completed my eligibility criteria for being promoted to the post of Director for panel year 2020. As per the earlier Recruitment Rules, 1995 (herein referred as “earlier RR”) the crucial date for assessing the eligibility criteria for promotions were from 1* April to 31° March i.e., Financial Year. However, vide DoPT OM dated 08.05.2017 changed the crucial date for assessing the eligibility criteria for promotions from financial year to calendar year i.e., from 1% January to 31% December. That it is pertinent to mention that as per the earlier Recruitment Rules 1995, | was to be promoted on I* April 2020 as I did complete my eligibility for promotion on 08" February 2020 from the post of Dy. Director to Director. - That it is worthwhile to mention that as per the earlier RR. crucial date for assessing the eligibility criteria for promotions were 1% April 2020, whereby 1 would have completed my eligibility criteria on 8° February 2020 andhad been promoted on 01* April 2020 and superannuated on 31° May 2020. That as the rule established in the OM dated 08.05.2017 was detrimental to my service as there was change in crucial date for assessing the eligibility criteria for promotions. Subsequently, I wrote numerous representations to the CEA allowing me a relaxation of 40 days in order that I could be considered for promotion in the Panel year 2020 to the post of Director ‘That based on my anticipation I represented my concern to the Chairperson, CEA vide letter No. 9/X/AG/Pers./2019- Gm/446 dated 11.04.2019. Wherein, | mentioned plethora of grounds for considering a relaxation of 40 days in accordance with the Rules and regulations. Copy of my representation is annexed herewith as ANNEXURE A-I for your kind perusal. That based on my representation the Director, CEA issue letter No. 2/3/2019-Adm.1 (CEA) dated 20.08.2019 to the Secretary to the Govt. of India, Ministry of Power, Shram Shakti Bhavan, Rafi Marg, New Delhi explaining the entire issue. It is worthwhile to mention that Para 4 of the letter reads as follows “In view of above, it is felts that there are sufficient grounds for seeking one time relaxation in8: eligibility criteria/qualifying service in respect of Shri Ashish Goel, Deputy Director and Shri Ugrasen Prasad, Deputy Director for considering them for promotion against vacant posts of JAG (Director) in the Panel Year 2020.”. That on the bare reading and perusal of the above- mentioned letter it is as clear as day light that the CEA based on my representation allowed and recommended the request for my relaxation, Copy of the letter No. 2/3/2019-Adm.1 (CEA) dated 20.08.2019 is annexed herewith as ANNEXURE ~ A2 for your kind perusal. That subsequent to the letter No. 2/3/2019-Adm.1 (CEA) dated 20.08.2019 there was no communication and no response from any concemed departments concerning my issue of considering relaxation for 40 days. However, the Under Secretary vide Letter No. 2/3/2019- Adm.I (CEA) dated 29.01.2020 issued a letter and under Para 4 of the same it reads as follows “ In view of the grounds mentioned as above and in terms of provision for relaxation as contined in Rule 16 of Central Power Engineering (Group A) Service Rules 2015, Ministry of Power is requested to reconsider their decision conveyed vide letter no. A 32013/06/2019- Adml dated 25.07.2019 and 13.01.2020 and to take up the matter with DoPT forgranting relaxation of 1 month 8 days and 3 months eligibility criteria respect in respect of Shri Ashish Goel , and Shri Ugrasen Prasad respectively for considering them for promotion from senior time scale (Deputy Director) to Junior Administrative Grade (JAG) in the panel year 2020.” Copy of Letter No. 2/3/2019- Adm.1 (CEA) dated 29.01.2020 is annexed herewith as ANNEXURE -A3 for your kind perusal. 10.It is pertinent and worthwhile to mention that subsequent to the representation sent by me dated 11.04.2019, so far no action has been affirmed by the concerned department. Moreover, I have on numerous instances/ occasions have written reminders to concemed authorities through various mediums. Copy of the reminders are being annexed as ANNEXURE A4 (Colly.) for your kind perusal and consideration. 11. That despite these directions issued by respective department no action was taken and no communication was brought to me regarding my request for relaxation for 40 days. The inaction and non-compliance of the above- mentioned letters has resulted into this final representation. GROUNDS FOR ALLOWING RELAXATIO!‘That based on the facts and circumstances as mentioned above, I present following grounds for considering my relaxation and considering my promotion for the Panel year 2020. A. Because I was promoted to the post of AD-II in May. 1997 the prevailing Recruitment Rules in force were Recruitment Rules dated 20.08.1990, which provides for a weightage of 50% of the service rendered at AD-II level subject to a maximum of two years for promotion to Dy. Director Level. The Department should have considered to give benefits of weightage to those officers who were already in AD-II level prior to the notification of the New RR dated 21* May 2005. B. Because as per previous rule, the date for computing the eligibility for promotion was 1* April which was subsequently changed to 1% day of Calendar year. Had the earlier rule been in force, | would have been eligible for the post of Director as on 08.02.2020 and would have been promoted as on 1% April 2020 and subsequently Superannuated on 31.05.2020. C. Because as on 01.01.2020 vacancies at JAG level was 32 and as per the seniority list my serial no was 23 However, only 22 candidates were considered for theD. Vacant post leaving me which is detrimental to the service that I have rendered / served in the department. Because Para 16 of the Central Power Engineering (Group A) Service Rules, states that “where the government is of opinion that it is necessary or expedient so to do, it may, by order, for reasons to be recorded in writing, and in consultation with the commission, relax any of the provision of these rules with respect to any class or category of persons” Because the Director, CEA issue letter No. 2/3/2019- ‘Adm. (CEA) dated 20.08.2019 to the Secretary to the Govt. of India, Ministry of Power, Shram Shakti Bhavan, Rafi Marg, New Delhi explaining the entire issue. It is worthwhile to mention that Para 4 of the letter reads as follows “In view of above, it is felts that there are sufficient grounds for seeking one time relaxation in eligibility y criteria/qualifying service in respect of Shri Ashish Goel, Deputy Director and Shri. Ugrasen Prasad, Deputy Director for considering them for promotion against vacant posts of JAG (Director) in the Panel Year 2020.”. That on the bare reading and perusal of the above-mentioned letter it is as clear asdaylight that the CEA based on my representation allowed and recommended the request for my relaxation. Because the Under Secretary vide Letter No. 2/3/2019- Adm.I (CEA) dated 29.01.2020 issued a letter and under Para 4 of the same it reads as follows “ In view of the grounds mentioned as above and in terms of provision ‘for relaxation as contained in Rule 16 of Central Power Engineering (Group A) Service Rules 2015, Ministry of Power is requested to reconsider their decision conveyed vide letter no. A 32013/06/2019- Adil dated 25.07.2019 and 13.01.2020 and to take up the matter with DoPT for granting relaxation of | month 8 days and 3 months eligibility criteria respect in respect of Shri Ashish Goel , and Shri Ugrasen Prasad respectively for considering them for promotion from senior time scale (Deputy Director) to Junior Administrative Grade (JAG) in the panel year 2020.” . Because | joined as Technical Assistant post in CEA on 09.09.1987 and my promotion to AD-1 (Group A) took almost 20 years against prescribed qualifying service of 7 years due to non-availability of vacancy in the promotional grade.H. Because in Balaji Vs D/o Revenue on 12" February 2020 The Hon'ble Central Administrative Tribunal, Bangalore Bench in OA No. 170/ 0096/2019 did take up the same issue and further directed the concerned respondent to consider the same as early as possible and pass appropriate orders. Copy of the Judgement is annexed herewith as ANNEXURE AS for your kind perusal. I. Because as per the OM No. F. No. AB-14017/17/2018- Estt.RR dated 12 August 2021 under para 3 it is admitted that for the Vacancy year 2019, 2020 and 2021 relaxation has been granted on case-to-case basis. It is worthwhile to mention that what could have been a better case than mine where the department itself admits that there are grounds for seeking relaxation and I have not received the same. In light of the above facts and grounds, I request you to kindly accept my humble representation as it would deeply succour my grievances related to the promotion and relaxation, Moreover, I have vested my faith and belief in you.At last, I request your kind and necessary action on my grievance ‘Thanking You, $2 Ashish Goel Deputy Director (Retd.) 15/9, East Punjabi Bagh, New Delhi — 110026 Mob No. 9810192489 ENCLOSURES: - « ANNEXURE Al — LETTER NO.9/X/AG/PERS./2019- GM/446 DATED 11.04.2019 * ANNEXURE A2- LETTER NO. 2/3/2019-ADM.I (CEA) DATED 20.08.2019 NEXURE A3- LETTER NO. (CEA) DATED 29.01.2021 * ANNEXURE Ad (Colly) - Copy of Reminders * ANNEXURE AS- OA NO, 170/ 00096/2019 /2019- ADM. COPY TO: - 1. HON’BLE CABINET MINISTER, Power, New & Renewable Energy, Shram Shakti Bhawan, Rafi Marg, New Delhi~ 110001 2. HON’BLE MINISTER OF STATE FOR POWER, 8, Shram Shakti Bhawan, Rafi Marg, New Delhi- 110001 3. HON’BLE SECRETARY TO THE GOI, MINISTRY OF POWER, Shram Shakti Bhawan, Rafi Marg, New Delhi- 110001 4. HONBLE SECRETARY, DoPT, 112. North Block. Delhi ~ 110001 ba Ashish Goel Deputy Director (Retd.) 15/9, East Punjabi Bagh, New Delhi — 26 Mob No. 9810192489 10ANNEXURE A1 No snvacrPers zore-cm | YY6~ patos To ‘The Chairperson, CEA, ‘Sews Bhawan, RK Puram, New Delhi. ‘Subject:- Seeking Relaxation for promotion to the grade of Director. Respected Sir, W am presently working as Dy. Director w.e-f. 01.04.2012 in GM Division of GO&D wing, CEA and ‘willbe surerennuating in May, 2020. After the revision of seniority lst, the undersigned deemed to be the Assistant Director w.e.f, 09/02/2007 AS ber present rules, | shall complete 13 years of service to become eligible for promotion to the Post of Director on 08/02/2020 (40 days short of eligibility period for the penal of 2006 which will be going to promote wef. 1* January,2020), In this regard, following facts are submitted:- * When the undersigned promoted to the post of AD-li in May, 1997 the prevailing Recruitment Rules in force were the Recruitment Rules (RR), dated, 20" Aug. 1990 (Sony closed), which provides for a weightage of 50% of the service rendered at AD- Mi level subject to 2 maximum of two years for promotion to Dy. Dir. level. The Department should have considered to give benefit of weightage to those officers who were already in AD-1I level prior to the notification of the new RRs dated 21" ‘Apt, 2005 (copy closed) * AS per previous rule, the date for computing the eligibility for promotion was 1% ‘April which was subsequently changed to 1" January. ie. 1® day of the calendar ‘year Hed the earlier rule been in force, | would have become eligible for the post of Directer 88.0n 1 April, 2020, i.e, before my retirement and would be promoted s nce the number of vacancies arriving as on 01.01.2020 at JAGevel would be 32 and at present I'am at SI. No. 23 as per the seniority ist. It's pertinent to mention here that 28 per the para 17 of RR, power to relax any provisions of utes lies with the Government.a In view of the above, it is humbly requested to give relaxation of only 40 days for consideration for promotion to the grade of Director in January, 2020 so that | am not deprived of my promation tothe post of Director because of changes made in Recruitment Rules and change of date of alighbilty itis pertinent to mention here that always the-changes in the rules are made by Govt with an intention to rationalize the procedures and simplifying them for giving benefit to the employees ‘Thanks and hoping for a favorable action, Encl As Above Yours faithfully £ bs (Ashish Goef Deputy Director VC: 2637 Mo.9810192489 Copy to. Secretary, CEA / ae9 ear ANNEXURE A2 12 ana arery Government of India Rage sare Ministry of Power attr Raga wETCT/ Central Electricity Authority ar a, are Ser, /Sewa Bhawan + RK Puram AE Ratt - 110 006/ New Detht - 110 066 No.2/3/2019-Adm.1(CEA) To The Secretary to the Govt. of India, Ministry of Power, Shram Shakti Bhavan, Rafi Marg, New Delhi, [Attn : she Hausuanthang Guite, US (Admn), MoP] Subject : Request for elaxation in eligibility criteria for-promotion from the $rade of Deputy Director to the Brade of Director in CEA for the Panel Regarding. dated 20.08.2019 Senior Time Scale (Deputy Director) (Director) inthe Panel Year 2020 i CEA to MOP, there are Only 2 officers namely Shit ashish Gost and Shri BS Superannuating during 2020 (1.¢. yn ‘May 2020 ana November 2020 respectively), fi. The service. details of | 1960. | 09.02.2007 | 01.04. 207z | Usrasen | 07.72.1960 107 2007 | 01.04.2077 Prasadvi. vii. viii. the promotional grade, o sentineering (Gra a Scale (Deputy Dire et slog nee they hay comple eared me Service In the STs gi<) BI SErog i Scale of the Servicer” ME Veir yun, i from the above bt st the requistte qualifying vata Sh vee 0 Wvely. The Cructal ‘date prot ce (rR, Shei Goat ap saitice for promotion in JAG for di S Tespectivaly, As existing. Year 2024 (ag thee sr tht qt AS aie te i but at that time they wens Pot be inserce MEIC a5 on ace ju ce, DoPT vide om No.2201174/2013.cet¢ (©) dated 8 May 2017 hy a had changed the cane Year from financial year calendar eur tre the panel year 2ore peas and cructat date for determining ality for promotion from tr - April to 4% Jani from the Panel Year 2016 antatds. As per the earlier rule Position, the vacancy year. ‘Would have been 2020-24 (inste: of and the crucial date for de ining eligibility would h (instead of present 4s fanuary 2020), Had the eerie tule been 1 Shri Goel woud hava fulfilled the etigibtity criteria Service for promotion to the post of Director in the Panel Year 2020-24 as on Isr ‘April 2020, Shei - Usrasen. Prasad belongs to ‘Ortho pi Category and he had earlier Tequested for ‘extending all benefits/facitities as Per entitlement after he had been declared ‘as handicap, Person. In this connection it Is stated that his Fequest was examined in per ntation with Ministry of Power wi Ministry have conveyed: that “ag er DoPT”: Website of Supreme Court of India, the abovementioned ‘Civil Appeal is stilt Pending. Hence, at this duncture, it may ‘Not be appropriate to take any decision on this matter.” + Shri Ashish Goel and Shri Ugrasen Prasad Joined as Technical Assistant foun ra Jn CEA on 09.09.1987 and 09.12. 1987 Fespectively. Their ceeseoion to Assistant Director-! (Group A) took Prescribed qualifying service of 7 years due to nor, For.the Panel Year 2020, there are 36 vacancies in the JAG in CEA. However, TS ilar DPC for promotion of only 22 officers from S CAG has ben submfed woh en om 2020, 28 no other 14at eY OF expedient so to do, it for reasons to be recorded in tn "9, and tn consultation with the moth relax any of the provisions of th es2 rules with respect to any class or “Ategory of Persons”, flew re, there are Sufficient Srounds for seeking one time Felaxation in. eligibility; Criteria/qualifying Service in respect of ‘Shri Ashish Goel, Deputy pj grasen Prasad, Deputy Director for considering them for Promotion against the vaca‘ Fests of JAG (Director in the Panct Year 2020, Yours faithfully, (Goutam Ghash) Director Tel. No. 011-26732501ANNEXURE AS» 0 | cos Kino Att fe. SAsue Ae GOVERNMENT OF INDIA 4 CENTRAL ELECTRICITY AUTHORITY ‘SEWA BHAWAN, R K PURAM NEW DEL! : 120.066 Dated:29,01.2020 No.2/3/2019-Adm4(CEA) id fF India, Secretary to Government of India, Ministry of Powey, Shram Shakti Bhavan, Rafi Mare, New Dethi de Subject: Request for relaxation in chai cttete te iprenetin| fone me Director to the grade of Direct ou sh Ashish Goel and Shri Ugrasen Prasad, Deputy Directors, CEA. (Attention Shri, Hausuanchang Guite, US(Admn), MOP ) Sir, a undersigned is directed to refer to Mistry of Power letter no. novaenorseaant dated 13.01.2020 on the above noted subject wherein i ve conveyed that the proposal of CEA for grant of one time relaxation in the eligi y criteria for promotion of Deputy Director to the grant of Director in CEA for th Panel year 2020 has not been agreed to for want of any new justification, 2. oe this regard, itis stated that detailed justifications for consideration of the Moposal were furnished vide this office letter of even number dated 20.08.2019 {Copy enclosed). Subsequently, clarification sought by MOP were also furnished vide this office letter of even number dated 31.10. 2019, 3. __The proposal merit consideration in view of the peculiar circumstance of the ‘Quirement of qualifying service. Both the officers are retiring in 2020 and therefore ‘would be deprived of Promotion to JAG grade despite patting in 32 years of selfless service. It is therefore requested that the proposal of CEA may please be reconsidered keeping in view of the following; a Cccording to Central Power Engineering (Group A) Service Rules 2015, CPES officers in the Senior Time Scale (Deputy Director) would become liatble tor promotion to JAG once they have completed 13 years of regular Group A Service including 4 years’ service in the STS or nine year years of ‘egular service in the Senior Time Scale of the Service, AYr ancl year 2021 (as they Gro doz"), but by that be considered for promotion to JAG against the ment Service fee as on iid complete their qualifying servi Jou com pould have superannuated from Govern 0 1d changed /2013-Estt.(D) dated 8 May 2017 ha‘ tn 0 calendar year from the care year ‘Year 2019 onwards. AS per the fen 2020-21 (instead tarller rate positon, the vacancy year would have been 2020 71 intense Sf present 2020) and the crucial date for determining eligpiity woud ave been ‘+ April 2020 (Instead of present 1 January 2020), Had the earlier rule been in force, both Shri Ashish Goel and Shri Ugrasen Prasad would have fulfilled the eligibility criteria of 13 years of Group J ice for promotion to the post of Director in the Panel Year 2020-21 as on ‘April 2020, : , Shri Ashish Goel and Shri Ugrasen Prasad joined as Technical & SSsistant. (Group 8)” posts in CEA on. 09.09.1987 and. 09.12.1987 respectively. Their promotion to Assistant Director-| (Group A) took almost 20 years against prescribed qualifying service of 7 years due to non- availability of vacancy in the promotional grade. It is felt that due to change in the crucial date for determination of eligibility, the above Z mentioned officers after rendering more than 32 years of service, are being wrongly denied of their just reward by way of promotion to JAG. &. 0PT vide OM No-2201 the vacancy year from financial year i for det 2019 onwards and crucial date from 1 Apri to 1# January from the Panel e. For the-Panel Year 2020, there are 36 vacancies in the JAG in CEA. However, a proposal for holding regular DPC for promotion of only 22 officers from STS to JAG has been submitted to UPSC for the panel year 2020, as no other candidates are fulfilling the eligibility criteria for promotion from STS to JAG. Therefore, sufficient vacancies are available in JAG for the Panel Year 2020. While grant of relaxation in the qualifying of service would not only facilitate grant of promotion in JAG grade to Shri Ashish Goel and Shri Ugrasen Prasad at the end of their of their career, functioning at Director level in CEA would also be strengthened. f. Rule 16 of Central Power Engineering (Group A) Service Rules 2015 states that ‘where the Government is of opinion that it is necessary or expedient 50 to do, it may, by order, for reasons to be recorded in writing, and in consultation with the Commission, relax any of the provisions of these rules with respect to any class or category of Persons”. g. In view of above, there are sufficient grounds for seeking relaxation in eligibility criteria/quatifying service in respect of Shri Ashish Goel, Deputy Director and Shri Ugrasen Prasad, Deputy Director for considering them for Promotion against the vacant posts of JAG (Director) in the Panel Year 2020. “ 4. In view of grounds mentioned as above and in terms of provision for relaxation Aas contained in Rule 16 of the Central Power Engineering (Group A) Service Rules 2015, Ministry of Power is requested to reconsider their decision conveyed vide 171B letter no, 4 32013/06/2019. 4 ine Matter with p, ting 25.07.2015 and 13, eligibility criteria mee ranting relaxation of ‘ macs days and 3 months in Dee CtNEly for considerin’ (eSPECt Of Shrt aca Goel, and Shri Ugrasen Prasad Or Administer $F Promotion fran Senior Time Scale (Deputy "inistrtive Grade (ag) iru Panel Year 2020. 1.2020 and to take up . CE yy (Prakash Ekka) Under Secretary (P) 18Annexure Aa (Uteg) 4 No: SIX/AGIPers./2019-6M )+33 Date: 16/08/2019 To, ‘The Director(Adm), CEA, ‘Sewa Bhawan, R.K. Puram, New Dethi. Subject:- Seeking Relaxation for promotion to the grade of Director. Respected Sir, This is with reference to my earlier representation dated 11/04/2019 on the above cited subject. Itis learnt that the Ministry of Power has not considered the same. In this regard, it is requested that as per previous rule, the date for computing the eligibility for promotion was 1* April which was subsequently changed to 1* January, i.e. 1* day of the calendar year. Had the earlier rule been in force, | would have become eligible for the post of Director as on 1® April, 2020, i.e. before my retirement (31/05/2020) and would be promoted since the number of vacancies arriving as on 01.01.2020 at JAG level would be 32 and at present, | am at SI. No. 23 as per the seniority list. In view of the above, it is humbly requested to give relaxation of only 40 days for consideration for promotion to the grade of Director in January, 2020 so that | am not deprived of my promotion to the post of Director because of changes made in Recruitment Rules and change of date of eligibility. Thanks and hoping for a favorable action, Yours faithfully, A ea bie Els |'4 (Ashish Goel) Deputy Director UC: 2637 Mo.9810192489 e‘Gmail - Seeking relaxation for promotion to the grade of Director. 20 gmail.cor ASHISH GOEL Tue, Feb 8, 2022 at 3:02 PM To: mishra.vk65@gov.in Respected sir Y application dated 18/6/2021 on the above subject, | have not received any response. Kindly do the needful Thanking you. Yours faithfully ASHISH GOEL Tue, Feb 8, 2022 at 3:03 PM To: chair@nic.in tvead-a%s3Ar-52054312932870272188simpl-msg-a%3ArS935..._ 11 hitps-mail google camimailu!0/7k=2a974026e28view=ptBsearch=allgpermth8128722, 1216 PM ‘Gmail - Fiwd: Reminder 2 Seeking relaxation for promotion to the grade of Director Gmail ASHISH Fwd: Reminder 2 Seeking relaxation for promotion to the grade of Director. ASHISH GOEL Tue, Mar 8, 2022 at 8:48 PM To: mishra. vk6@gov.in Ce: chair@nic.in Sir, Refrence my mail dated 8/2/2022, | have not received any response from you Kindly look into the matter and do the needful Ashish Goel Ex Dy Director, CEA Mo. 9810192489 ———- Forwarded message From: ASHISH GOEL Date: Tue, Feb 8, 2022, 3:02 PM Subject: Seeking relaxation for promotion to the grade of Director. To: Respected sit, my application dated 18/8/2021 on the above subject, | have not received any response. Kindly do the needful Thanking you. Yours faithfully ps /imail google commmaivul0/mk=2a974026c28.view=plasearch=allépermthid=thvead-a%3Ar-45628478287495266396simpl-msg-atsIA-442.. 1/1sizeiz2, 1217 PM Gmail - Fic: Reminder 3 Seeking relaxation for promotion to the grade of Director, a2 G i SI L Tue, Mar 15, 2022 at 11:07 AM To: mishra. vK65@gov.in, chair@nic.in — Forwarded message From: ASHISH GOEL <2: Date: Tue, Mar 8, 2022, 8:48 PM Subject: Fwd: Reminder 2 Seeking relaxation for promotion to the grade of Director. To: Ce: Sir, Refrence my mail dated 8/2/2022, | have not received any response from you. Kindly look into the matter and do the needful Ashish Goel Ex Dy Director, CEA ‘Mo. 9810192489 Forwarded message From ASHISH GOEL Date: Tue, Feb 8, 2022, 3:02 PM Subject: Seeking relaxation for promotion to the grade of Director. To: Respected sir ny application dated 18/8/2021 on the above subject, | have not received any response. Kindly do the needful Thanking you. Yours faithfully ASHISH GOEL Mon, Mer 21, 2022 at 10:24 AM To: mishra.vk65@gow.in, chair@nic.in Sir, Wr t my earlier mails , i have not received any response. Kinaly look into the matter, ASHISH GOEL Wed, Mar 30, 2022 at 11:11 AM To: mishra.vk85@govin, chair@nic.in Forwarded message ——- From: ASHISH GOEL , Respected Sirs, This is with reference to my earlier malls dated 08/02/2022, 08/03/2022 and 21/03/2022 on the above subject matter , have not received any response PLEASE {ook into the matter and intimate the status of my application dated 18/08/2021. hrps#mail google com/mailul0/7ike2a97 4026-28 view=pt&search=al&permthid=thread-a%3Ar-348739685 7625681861 asimpl-msg-a%3Ar-427 2/2eizaiz2, 12:24PM. ‘Gmail - Five: Reminder 3 Seeking relaxation for promotion to the grade of Director 4 ASHISH GOEL Wed, Mar 30, 2022 at 11:11 AM To: mishra,vKBS@govin, chair@nic.in ~- Forwarded message From: ASHISH GOEL , mail. com> Respected Sirs, This is with reference to my earlier mails dated 08/02/2022, 08/03/2022 and 21/03/2022 on the above subject maiter | have not received any response PLEASE look into the matter and intimate the status of my application dated 18/08/2021. hips mai google comimaiVul0/7ik=2a87 402626 view=pl&search=alapetmmsgid=msg-a%s3A18587897997 7386084898simplemsg-e3AOSE7. 11926/22, 12.19 PM ‘Gmail - Fwd: Reminder 5 Seeking relaxation for promotion to the grade cf Director. as i GOEL Wed, Apr 20, 2022 at 12:59 PM To: mishra.vk65@gov.in, chair@nic.in Sir, - Wet my earlier 4 reminders dated 08/02/2022, 08/03/2022 , 21/03/2022 and 30/03/2022 on the above subject matter , i have not received any response. Kindly look into the matter and do the needful Ashish Goel Ex Dy Director Mo 9810192488 Forwarded message From: ASHISH GOEL Date: Wed, Mar 30, 2022, 11:11 AM ‘Subject: Fwd: Reminder 3 Seeking relaxation for promotion to the grade of Director. To: < S@agov in>, = Forwarded message From: ASHISH GOEL Date: Mon, Mar 21, 2022 at 10:24 AM Subject Reminder 4 Seeking relaxation for promotion to the grade of Director. To: , Respected Sirs, This is with reference to my earlier mails dated 08/02/2022, 08/03/2022 and 21/03/2022 on the above subject matter Ihave not received any response. PLEASE look into the matter and i jimate the status of my application dated 18/08/2021. Ashish Goel Ex Dy Director. Mo. 9810192489 On Tue, Mar 15, 2022, 11:07 AM ASHISH GOEL wrote: Forwarded message From: ASHISH GOEL 1@gmail. com> Sir, Refrence my mail dated 8/2/2022, | have not received any response from you. Kindly look into the matter and do the needful Ashish Goel Ex Dy Director, CEA Mo. 9810192480 = Forwarded message From. ASHISH GOEL hitps mail google comMmaiVu/0/7ik=2a87402628view=ptasearch: read-a%43A'-3789065 143683243827 &simpl=msg-a%3Ar6087.. 1/28128/22, 1219 PM Gmail - Fwd: Reminder 5 Seeking relaxation for promotion to the grade of Director. 26 Respected sir, , ("my application dated 18/8/2021 on the above subject, | have not received any response, Kindly do the needful, Thanking you. Yours faithfully Ashish Goel Ex Dy Director, CEA. Mo,9810192489. ASHISH GOEL Fri, May 20, 2022 at 10:46 AM To: goyal rakesh@nic.in Ce: chair@nic.in REMINDER no.8 Subject: Seeking relaxation for promotion to the grade of Director. Sir, Wirt, my earlier mails dated 08/02/2022, 08/03/2022 , 21/03/2022 30/03/2022 and 20/04/2022 on the above subject matter , i have not received any response ASHISH GOEL Wed, Jun 15, 2022 at 12:25 PM To: chair@nic.in, goyal.rakesh@nic.in REMINDER no.7 Subject: Seeking relaxation for promotion to the grade of Director. Sir, Wert. my earlier mails dated 08/02/2022, 08/03/2022 , 21/03/2022 30/03/2022 , 20/04/2022 and 20/05/2022 on the above subject matter , i have not received any response. httpsv/mail google comimai/ul0!7ik=2a6740260284 tasearch=allspermthidsthiead-a%3Ar-3780068 149683243827 8simplemeg-a%3ArS007... 2/28128/22, 1229 PM ‘Gmail - Fwd: Reminder 5 Seeking relaxation for promotion to the grade of Director Fwd: Reminder § Seeking relaxation for promotion to the grade of Director. ASHISH GOEL Fri, May 20, 2022 at 10:46 AM To: goyal.akesh@nic in Ce: chair@nic.in REMINDER no.6 Subject: Seeking relaxation for promotion to the grade of Director. Sir, Weck. my earlier mails dated 08/02/2022, 08/03/2022 , 21/03/2022 30/03/2022 and 20/04/2022 on the above ‘subject matter , i have not received any response. femsg-o%63A8454,. 1/1 hips mail google comimai/ui0/?ik=2a97 4026028view=pt&search=allspermmsgid=mey-a%¢3Ar64545161408212720538simpI28/22, 1228 PM ‘Gmail - Fwd: Reminder 5 Seeking relaxation for promotion to the grade of Director. Fwd: Reminder 5 Seeking relaxation for promotion to the grade of Director. ASHISH GOEL Wed, Jun 15, 2022 at 12:25 PM To: chair@nic.in, goyal.rakesh@nic.in REMINDER no.7 ‘Subject: Seeking relaxation for promotion to the grade of Director. Witt my earlier mails dated 08/02/2022, 08/03/2022 , 21/03/2022 30/03/2022 , 20/04/2022 and 20/08/2022 on the above subject matter , i have not received any response. hips fm google com/msilul0/7ike2a97 402626 view=pt&search=alipermmsgid=msg-a%3ArS 1049974406617 174448simplemsg-2%3AS104 1/1ANNEXURE AS x4 Balajvs D/O Revenue on 12 February, 2020, Central Administrative Tribunal - Bangalore Balaji vs D/O Revenue on 12 February, 2020 Bench: Cv Sankar 1 ‘0A.No.176/00096/2019/CAT/Bangalore Ben CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH: BANGALORE ORIGINAL APPLICATION NO.176/00096/2019 DATED THIS THE 12th DAY OF FEBRUARY, 2020 HON'BLE DR.K.B.SURESH, JUDICIAL MEMBER HON'BLE SHRI C.V.SANKAR, ADMINISTRATIVE MEMBER Balaji S/o Shri Sham Rao ‘Aged about 31 years R/o Room No.21, Type-II Income Tax Quarters Jaya Nagar Sedam road, Kalburgi. Applicant (By Advocate Shri.T.C.Gupta) Vs. i Union of India through the Finance Secretary Ministry of Finance Department of Revenue Government of India New Delhi-119861. 2 Pr. Chief Conmissioner of Income Tax karnataka & Goa Region Queens Road, Bangalore-569001. 3. Secretary Department of Personnel and Training North Block New Delhi-119961. «+ +Respondents, (By Advocate Shri.H.R.Sreedhara, ACGSC) ORDER (PER HON'BLE SHRI C.V.SANKAR, MEMBER (ADMN) The facts of the case are that the applicant who joined as MTS in the year 2012 in the 2nd respondent's office was promoted as Tax Assistant(TA) on 1.4.2016. Now 2 OA.No.170/00096/2019/CAT/Bangalore Bench he is due for Indian Kanoon -hitp:/indlarkanoon.ora/doc!t11137100/ 'Balai vs D/O Revenue on 12 February, 2020 promotion to the post of Sr.Tax. Assistant(Sr.TA) as well as to the post of Inspector of Income Tax. ‘As per the Recruitment Rules(RRs) for Sr.TA as well as for Inspector, the eligibility for promotion is 3 years service as TA and passing of departmental examination of Ministerial Staff and departmental examination of Inspector respectively. The applicant passed departmental examination of Ministerial staff in the year 2016 and also the departmental examination of Inspector in 2018 and completed 3 years service as TA on 31.3.2019 for further promotion to Sr.TA ‘as well as Inspector. As per DOPT OM dtd.28.5.2014(Annexure-A2), the erstwhile crucial date for determining eligibility for promotion of 1st January was changed to 1st April from 2015-16. The DOPT OM dtd.28.1.2015(Annexure-Ag) further clarified OM dtd.28.5.2014 regarding crucial date of 1st April from 2015-16. As per DOPT OM dtd.8.5.2017(Annexure- A4), the crucial date for determining eligibility for promotion was changed to 1 st January for the vacancy year 2019. The applicant filed representation dtd.22.10,2018(Annexure-As) against the DOPT order dtd.8.5.2017 changing the crucial date of eligibility with a request to change crucial date of eligibility for the ‘vacaney year 2019 from 1 st January 2019 to 1st April 2019 or allow relaxation of service of 3 months for next promotion for the transitional year of 2019. However, the respondents rejected the said representation by their order dtd.28.11,.2018(Annexure-A1). The applicant submits that as per CBDT directions dtd.17.12.2018(Annexure-A6) the respondents are going to hold DPC for the promotions shortly on the basis of DOPT OM did.8.5.2017 revising the crucial date of eligibility from gist March to ist January for the vacancy year w.e.f. 2019 due to which the applicant will not complete 3 years service as TA on 1.1.2019 and will not be considered for promotion for the vacancy year 2019 in the ensuing 3 OA.No.170/00096/2019/CAT/Bangalore Bench DPC but will have to wait for 1.1.2020 the next vacancy year. The change of crucial date without providing any opportunity of being heard is arbitrary and illegal. The respondents are changing the crucial date frequently which will now cause irreparable loss to him in present as well as in future promotions without any fault of his. Without providing appropriate measures/concession to the applicant who is being adversely affected during this transitional period, changing crucial date from ist April to ist January from 2019 is arbitrary and illegal and against the principles of natural justice. 2. The applicant has filed MA.389/2019 seeking additional relief and submits that as per the FAQs on RRs issued by the DOPT No.AB.14017/13/2013-Estt. (RR) (1349)(Annexure-A7), para 10 specifies that ‘the Ministries/Departments are competent to relax the RRs for Group 'C’ posts’. Thus the statement made by the respondents in letter dtd.28.11.2018 is not as per law. The respondents have already granted relaxation in the RRs of Sr.TA in their OM No.2129 dtd.14.7.2017, in the RRs of TA in OM No.2130 dtd.14.7.2017, in the RRs of Stenographer Gr.II in OM No.9658 dtd.10.3.2017 and in the RRs of TA in OM No.7900 dtd.29.3.2019(Annexure-A8). Vide DOPT OM dtd.8.5.2017, the crucial date of eligibility has been changed on the ground of non availability of APARs of reckoning period for sending the proposals to the UPSC. Further, the DOPT in the OM held that for the transitional year of 2018, the vacancy period shall be from 1 st April 2018 to gist December 2018. The crucial date of eligibility shall be 1 st April, 2018 for the transitional year. For the applicant, the year 2019 is also a transitional year as he will complete three years service on 31 st March. Further, the change of crucial date has been made mainly keeping in view the DPCs held by the UPSC, whereas for the applicant only local level DPC is to be conducted. Indian Kanoon - hitp:vindlankanoon orgdoc/ 11137100) 23) Bala ve D/O Revenue on 12 February, 2020, 4 0A.No.170/00096/2019/CAT/Bangalore Bench To change the crucial date on the ground of 'APAR and that too again and again is not justified. Therefore, the applicant has filed the present OA. seeking to quash the order dtd.28,11,2018(Annexure-A1) with a direction to the respondents to consider him for promotion in the ensuing DPC for the vacancy year 2019 giving requisite relaxation in the eligibility criterion and also to quash the DOPT OM dtd.8.5.2017(Annexure-A4) by considering him for promotion in the convening review DPC as on 1st April 2019 for the vacancy year 2019 and with all consequential benefits. 3. Per contra, the respondents have submitted in their reply statement that the DoPT vide OM dtd.28.1.2015 issued instructions to follow the model calendar for DPCs conducted by the Ministries/Departments for grades/posts not associated with UPSC. As per the said OM, those departments which are following financial year as the vacancy year, the crucial date of eligibility for promotion would be ist April 2016 for the vacancy year 2016-17 and for those departments which are following calendar year based vacancy year, the crucial date of eligibility for promotion would be 1st January 2016. Since the Income Tax Department was following the financial year based vacancy year, the crucial date of eligibility would be 1st April 2016 for the vacancy year 2016-17 as per the said OM. Subsequently, the DoPT issued instructions vide OM dtd.8.5.2017 to follow uniform method of vacaney year based on calendar year from 2018 onwards, according to which the crucial date of eligibility will be 1 st of January of the vacancy year w.e.f. 2019. The year of 2018 being the transitional year, the vacancy period shall be from 1st April 2018 to ist December 2018. 4, The respondents submit that the applicant was recruited on 10.1.2012 in the grade of MTS. Based on one time relaxation given in qualifying service in the 5 OA.No.170/00096/2019/CAT/Bangalore Bench Recruitment Rules(RRs) for Tax Assistant by the CBDT, the applicant who had only completed a little over 4 years of service as on 1.4.2016 was promoted to the cadre of Tax Assistant in the year 2016 whereas the qualifying service for promotion to the cadre of Tax Assistant is 5 years of regular service in the grade. If the RRs had not been relaxed for one year in the year 2016, the applicant would not have become Tax Assistant in the year 2016 itself. He would have continued to be in the grade of MTS till he completed 5 years of regular service in the grade of MTS and he would have become eligible for promotion to the cadre of TA only in the year 2017. In fact, the applicant was one of the major beneficiaries of one time relaxation given by the CBDT. Further the OM was issued on 8.5.2017 itself and is binding on all the Central Govt. Departments w.e. 1.1.2019 but the applicant had not raised any objection at that time. However, he submitted representation on 22.10.2038 after the passage of nearly 17 months requesting the 2nd respondent to change the crucial date of eligibility from 1.1.2019 to 1.4.2019 and consider him for promotion. Since the 2 nd respondent is neither the competent authority to change the crucial date nor to take a decision with regard to relaxation, the representation was forwarded to the CBDT, New Delhi who clarified vide letter dtd.28.11.2018 that as per the extant instructions, the eligibility date for promotion for the vacancy year 2019 is 1.1.2019. Further, there is no provision in the said DoPT OMs regarding relaxation of change/shifting of crucial date of eligibility for promotion. The same was conveyed to the applicant vide OM dtd.3.1.2019 by the 2nd respondent(Annexure-R1). The OM has a transitional provision from 1.4.2018 to 31.12.2018. Hence, the claim of the applicant regarding not providing transitional provision is false and devoid of merits. Change of crucial date is effected by the DoPT and not by the 2 nd respondent and hence 6 OA.No.170/00096/2019/CAT/Bangalore Bench the Indian Kanoon -htp:lingiankanoon orgidoc!t1 1187100" aSR Balai vs D/O Revenue on 12 February, 2020, claim of not providing an opportunity of being heard is devoid of merit. Also his claim that he was put to irreparable loss is arbitrary and cannot be accepted. Therefore, the OA being devoid of merits is liable to be dismissed with exemplary costs. 5. The applicant has filed rejoinder reiterating the points made in the OA and submits that the relaxation for promotion in the year 2016 was given on All India basis to fill the huge number of vacancies in many cadres. Such relaxation for promotion was given vide CBDT orders dtd.4,3.2016 for TA, order dtd.27.9.2016 for SG Gr.II and SG Gr.I and order number 6744 for Sr.TA. Thereafter relaxation was given by further orders dtd.14.7.2017, 10.3.2017, 14.7.2017 and 29.3.2019. Those relaxations were not given by the DOPT but by the CBDT. This fact proves that the contention of the respondents that they have no power to give relaxation is incorrect and false. Also there was no agreement or commitment by the applicant that he will not be entitled for any subsequent relaxation. As per the DOPT FAQs on recruitment rules, the CBDT has been given powers to relax the rules/crucial date of eligibility for promotion and that the respondents have themselves given relaxation again and again, therefore, considering the DOPT FAQs and earlier relaxation orders of the respondents, there should be no problem with the department to relax the rules. The CBDT time and again has itself given relaxation, which shows that the CBDT/respondents have power to grant relaxation in the matter, The respondents have huge number of posts of Sr.TA at 711 and Inspector at 220, lying vacant for promotion quota as per the information given by the respondent vide their letter dtd.17.1.2018. Therefore, their order dtd.28.11.2018 deserves to be quashed. 7 OA.No.170/00096/2019/CAT/Bangalore Bench 6. The respondents have filed reply to the rejoinder stating that the DOPT FAQs on RRs(Annexure-RJ2) in reply to SILNo.7 specifies the power to relax the rules in respect of class or category of person. Further in reply to SI.No.9, it mandates ‘in case of deviation from existing guidelines/model recruitment rules, the concurrence of DoPT is to be obtained. FAQ SI.No.10 quoted by the applicant without mentioning FAQ SI.No.7 & 9 is an attempt to mislead the Court. For removing the hardship, year 2018 was providing with transitional provisions, which cannot be perpetuated as it will defeat the very purpose of the OM dtd.8.5.2017(Annexure-RJ1) which aims to bring uniformity across government departments. The relaxation referred by the applicant relates to minimum qualifying service and not change of the crucial date. If change of crucial date is allowed and similar relaxation is granted, the objective of achieving uniformity across Government department will never be achieved. The submission of the applicant regarding the 2nd respondent's power to relax the crucial date of eligibility for promotion is false. The main grievance of the applicant has arisen due to change of crucial date as per the instructions issued by DOPT in consultation with UPSC in OM dtd.8.5.2017. However, the applicant has failed to make DOPT and UPSC as party respondents. Hence, the OA suffers a serious defect of nonjoinder of parties and therefore is liable to be rejected on this ground alone, The earlier change of crucial date from 1 st January to 1st April vide OM dd.28.5.2014 & OM dtd.28.1.2015(Annexure-RJ3) has made the applicant eligible for his promotion as Tax Assistant. Merely existence of huge number of vacancies does not vest any right in the applicant for promotion without fulfilling eligibility criteria. 8 OA.No.170/00096/2019/CAT/Bangalore Bench Indian Kanon - hitpinciarkanoon org/doc/1 11137100) 433 Balaji ve DIO Rovenue an 12 February, 2020, 7. The applicant has filed MA.No.761/2019 seeking additional relief stating that the respondents may be directed to relax the rules for promotion by granting three months relaxation in qualifying service for promotion and promote him from 1.1.2019 by holding a review DPC with all consequential benefits on the ground that the CBDT is already considering grant of relaxation for some posts due to huge vacancies as well as due to change of crucial date of eligibility for promotion by their review meeting held on 16.10.2019 under the chairmanship of the Chairman, CBDT wherein issues were decided with regard to obtaining one year relaxation in the existing RRs of Sr.Tax Assistants and Steno Gr.II. The applicant also filed MA.795/2019 to implead DOPT as party respondent since vide OM dtd.8.5.2017, the DOPT has changed the crucial date of eligibility from 1 st April to 1st January on the ground of non-availability of APARs of reckoning period for sending proposals to the UPSC. 8, We have heard the Learned Counsel for both the parties and perused the materials placed on record in detail. The issue in this case is in a very small compass. The applicant would become cligible for promotion as Sr.TA if the crucial date is considered as 01.04.2019 instead of 01.01.2019 as has been mandated due to the DOPT OM dtd.8.5.2017(Annexure-A4). The applicant has given many examples where relaxation of the Recruitment Rules have been given reducing the period of service to make persons eligible for the next promotion. The respondents would contend that the procedure as per the DOPT OM of May 2017 has been uniformly applied and the respondents cannot give any relaxation without the approval of the DOPT and that DOPT has not been arrayed as, a party respondent by the applicant. Further they would say that the OM of DOPT is in May 2017 but the applicant has challenged it only in January 2019. The applicant 9 OA.No.170/00096/2019/CAT/Bangalore Bench has finally filed a separate MA for impleading DOPT also. The applicant in OA.No.1893/2018 on his side has furnished the document at Annexure-A11 wherein it appears that obtaining one year relaxation in the existing RRs of Sr.Tax Assistant and Steno Gr.II(erstwhile) to fill up huge number of vacant posts and due to change of crucial date of eligibility for promotion from 1 st April to 1st January by the DoPT is being considered by the respondents in their quarterly review meeting held on 16.10.2019. The applicant would therefore reiterate that since the respondents themselves are considering the relaxation, it will not be difficult for them to give relaxation as per his application, so that he becomes eligible for being promoted as Sr.Tax Assistant. It is clear that the respondents’ action has been taken on an uniform basis to ensure certain regularity in the procedure adopted for convening of DPC and promotions in an orderly manner across all Ministries and Departments. There is no case to consider that the person like the applicant has been singled out for any unfavourable treatment. Therefore, we cannot find any fault in the modification of the procedure which has been announced well in advance even with respect to the date of eligibility of the applicant for his promotion. However, since the respondents themselves are considering the relaxation as sought for in view of the large number of vacancies in the relevant posts, we deem it appropriate to direct the respondents to consider the same as early as possible and pass appropriate orders. 9. The OA is disposed of with the above, No costs (CV SANKAR) (OR K B SURESH) MEMBER (A) MEMBER (3) /ps/ Indian Kangon- hit:/indiankanoon orgdoe/111137100 524 Balaji vs D'O Revenue on 12 February, 2020, 10 0A.No. 176/88096/2019/CAT/Bangalore Bench ‘Annexures referred to by the applicant in OA No.96/2019: Annexure-A1: Respondent order 28.11.2018 Annexure-A2: DoPT OM dtd.28.5.2014 Annexure-Ag: DoPT OM dtd.28.1.2015 ‘Annexure-A4: DoPT OM dtd.8.5.2017 Annexure-AS: Representation dtd.22.10.2018 Annexure-A6: CBDT direction dtd.17.12.2018 Annexures with MA.389/2019 filed by the applicant: Annexure-A7: DoPT FAQs on RRs Annexure-A8: CBDT OM No.2129, 2130, 9658 & 7900 Annexures with reply: Annexure-R1; Memorandum dtd.3.1.2019 Annexures with rejoinder: -NIL- Annexures with reply to the rejoinder: Annexure-RJ1: OM dtd.8.5.2017 Annexure-RJ2: DoPT FAQs on RRs Annexure-RJ3: OM dtd.28.5.2014 & 28.1.2015 Annexures with MA.761/2019 filed by the applicant: -NIL- Annexures with MA.795/2019 filed by the applicant: -NIL- Indian Kanon - hitpindlankanoon.orgdoc/111137100/ 6