Respected Sir, I am physically handicapped employee working in the Cent ral Excise Dept.

as Deputy Office Supt(DOS),which is a Ministerial Cadre. In our Department, there are two avenues for promotion viz. (1) Inspect or 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 Notificati on No.16/25 /NI dated 31.5.2001 identifying the post of Inspector of Central Ex cise also can be handled by PH employees. As there was no option to become Insp ector, I was promoted as DOS. After promulgation of Notification dated 31.5.20 01 of Social Justice and Empowerment. I am eligible for the post of Inspector o f Central Excise. My request for becoming Inspector was not acceded to by the Department ,ba sed 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 ef fect 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 pa ssed 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.A D.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 effor ts to give equal opportunity to the Physically Handicapped employees and treatin g 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, C hennai also upheld the order of the CAT, Chennai and W .P filed by the Departmen t 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 pas sed the speaking order negatively stating that as per the CBEC Ministry s instructi ons 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 allo wed 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 Minis try had stated that matter of reversion of DOS (LII) for reversion to their subs tantive grade of U.D.C. for further promotion to the other cadre such as Inspect or of Central Excise is not allowable, the decision taken by the Department was issued in consultation with DOPT ,Ministry of Personnel, Pensions, Public Grieva nces. 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 o f Finance (Department of revenue) has issued letter F. No. A.12034/62/2005 AD.II I B dated 5.06.2006 and 27.11.06 reiterating that 3% Quota should be reserved f or PH persons in the Customs and Central Excise Department for appointment/prom otion of Inspector of Central Excise/P.O/Examiner.

In view of the above, my request may be considered for promotion to the grade of Inspector of Central Excise . I beg to render Justice. Thanking You Sir,

Yours truly, M.ABDUL JABAR, TYPE III/43, CENTRAL EXCISE QRS, NEW SIDDAPUDUR, COIMBATORE. 641 044

Email:abduljabar695@gmail.com Cell 99940 57848