The Adminstrations of all the Regions across ITD-INDIA are gradually implementing the NR Parmar Judgement retrospectively and not from the date of Supreme Court Judgement. They are following the D.O.P. & T., Government of India, New Delhi's O.M.No.2201 1/1 /2012 Estt. (D) dated 04/03/2014, in addition to directions contained in CBDT's F.No. HRD/CM /220/14/2013-14/153/2014- Ad VII dated 13.03.2014.
The Pr.CCIT Mumbai has revised the seniority and circulated it on 12-4-2014 and the Pr.CCIT, Gujarat has prepared the Seniority list of ITIs in consultation with all the stake holders, in the lines of above correspondences, retrospectively w.e.f. 1-3-1986. It is worth here to mention, he is going to implement it for lower cadre also sincerely. For the lower cadres it is under progress. Thus effect of implementation of the latest OM is minimised by implementing for all the cadres.
So friends, Justice may be delayed but cant be denied to anybody.
THUS EQUAL JUSTICE TO ALL IS PREVAILED.
THE VIEWERS ARE REQUESTED TO UPDATE THE INFORMATION REGARDING IMPLEMENTATION OF DOPT OM DATED 4-3-2014. THE VIEWERS ALL OVER INDIA ARE REQUESTED TO MAIL THE ORDERS OR ANY OTHER RELEVANT INFORMATION IN THEIR RESPECTIVE REGIONS, TO THE BLOG AUTHORS THROUGH EMAIL ID: hemanth2190@gmail.com.
THE FEEDBACK FROM THE VIEWERS IS HIGHLY APPRECIATED.
FOR THE COPY OF ORDER OF Pr. CCIT,Mumbai, CLICK HERE
FOR THE COPY OF ORDER OF Pr. CCIT Gujarat, CLICK HERE
DONT FORGET TO GIVE FEEDBACK TO hemanth2190@gmail.com
9 comments:
Eligible TA's can be promoted to the post of IIT directly, if there exist vacancy after promoting all the eligible Sr.TAs/Stenos. This is the CAT Order of Hyderabad Region, I do not know how far it is true. Please comment!.
Great News
Dear friend, the issue of adhoc promotion/appointment has duly been discussed in 1986 OM issued by DoPT. However, ADRP was a considered decision of Govt. of India. DoPT OM is applicable in an ideal situation. As soon as Govt. took a decision to ban DR through ADRP, the decision of Govt. shall prevail over the provisions of said OM.
Pl. Think over it.
Let's put the record straight, there were no ban on direct recruitment because of the ADRP. As per ADRP direct recruitment quota was to be reduced to one third of the original. All the departments were supposed to determine the direct quota vacancies well in time, intimate the vacancies so determined within a stipulated time for getting clearance from the screening committee.the same was not followed in letter and spirit at least in the income tax department. This is thus a clear cut case of suppression of vacancy and provision of adhoc promotion to extent direct quota vacancies were not intimated, should come into play.
CCIT, Gujarat has also published draft seniority list in the cadre of Inspectors wherein the DRs of 2005 exam has been placed in the recruitment year 2006-07. Seniority lists in other cadres is also likely to be revised with reference to the SC judgment in the case of N R Parmar. In view of SC judgment it is not important what number of vacancies and when the concerned CCIT has reported to CBDT but what CBDT number of vacancies CBDT has reported to the SSC (Recruitment Agency) and the date of reporting thereof. In the present case the posts under the direct recruitment quota in the cadre of Income Tax Inspectors for the years 2002-03 to 2005-06 and 2006-07 were cleared by the Screening Committee in the Rectt. year 2006-07 as circulated by the CBDT, New Delhi vide its letters F. No. A.12021/17/2006-Ad.VII dated 14.11.2006. Thereafter, the vacancies were reported by the CBDT, New Delhi to the recruitment agency i.e. to the SSC vide letters F. No. A.12021/3/2006-Ad.VII dated 20th February, 2007. Thus, the initiation of recruitment process for the post of Income Tax Inspector began in the RY 2006-07. As such, the CCIT, Gujarat has rightly placed DRs of 2005 Exam in the Year 2006-07. Even then the Seniority List published by CCIT Gujarat suffers from the following serious defects:-
1. The SC judgment is land of law. Thus, the principle laid down in the case of NR Parmar is equally applicable in all cadres wherever direct recruitment exists. Nevertheless to say that the cadre of Inspector consists 2/3rd promotees. Hence, before drawing a revised seniority list in the cadre of Inspector, Seniority lists in the cadre of LDC, UDC and TA needs to be re-casted w.e.f. 1986. This may take some time but it would be better not only to draw a correct & true picture but to avoid a long ending litigation and mental agony.
2. The CCIT Gujarat has placed all the DRs of 2005 exam in the year 2006-07 without appreciating the actual vacancy position reported to the SSC in respect of Gujarat Charge. DRs only to the extent of vacancies reported are entitled to be adjusted with the promotee Inspectors of the Recruitment years 2006-07. Rest of the excess appointment are to be adjusted against the vacancies arising in future. Appointments in excess to the prescribed quota cannot plead for grant of any additional benefit of seniority flowing from wrong application of the roster. In other words, appointment in excess to the roster will not give such appointees seniority because necessary future adjustment are required to be made for aligning excess appointments wrongly given earlier. If it is examined with reference to the Sanctioned Strength of Inspectors cadre, it would be noticed that assigning of seniority in excess to actual vacancies reported would tantamount to excess appointment against the sanctioned strength, which cannot be said to be justified.
DPC for ITI not held from 2001-02 to 2004-05 due to various reasons. During 2005-06 combined DPC held for ITI in various charges. Firstly, seperate the select list as per vacancies keeping in mind, prepare seperate select list for DR nd PR. The matter will automatically solve.
You had published that justice may be delayed but not denied. I am an ITI of 2007 Batch on promotion. I had not cleared the ITO Exam, because of that my juniors (around 10 nos.) got promoted. Now i cleared my department exam in 2013. When cadre review is going to be implemented only in May or June 2014 , why they are not considering the results of department exam 2013. Because of this more than 100 nos. of juniors in my region and more than 1000 nos. all over India will become my senior? Where is the justice now in my case and other similar cases of mine. Moreover the Board has denied date of passing to Sr. TAs, in that case also those who got their exams cleared in 2013 and are seniors are not being taken into account? what is the logic behind this? Where is the question of seniority and justice in the department? Please let me know! Rules are only for the benefit of a section of people and ITEF is also not doing proper justice. They try to protect their kith and kin only.
the seniority list published by the CC(A) Andhrapradesh is favours the promotees, why this is not published in this site.
Muje lagta hai jo direct ITIs back date seniority lene k liye CAT Delhi se stay liye hue they ab wo pahle se bhi jyada piche ho gaye hai or hote jayege jaise jaise bahar promotions hoti ja rahi hai. Kya ye sahi hai.
Post a Comment