HATS OFF TO CCIT, KERALA.. SPLENDID AND LABORIOUS JOB
The Pr. CCIT, Kerala has done a great and applaudable task by making Revised seniority list for all the cadres since 1986, so that equitable justice reaching to all the employees. The Revised seniority lists are circulated yesterday. He stood as an ideal example to other CCsIT. The Dynamic Kerala CCIT has performed a lenghthy and labourious job which is a legitimate demand of the largest section of the employees... i.e. ITEF & ITGOA.
The body of the covering letter is below:
1. Consequent to the issue of DOPTs OM dtd 4-3-2014, it has been decided to review the seniority position of officials of this Charge in compliance with the directions dated 27.11.2012of Hon'ble Supreme Court passed in Civil Appeal No.7414-7515 of 2005 in the case of N.R. Parmar & Others Vs. Union of India & Others.
2. Accordingly, the seniority list of ITI, UDC [erstwhile], Senior Tax Assistant and TA have been revised from 01.01.1986 onwards {or the date from which the post had come Into existence} on the basis of available records with this office and thereafter, their promotions to higher grades were given effect on the
basis of revised seniority position so arrived at. The revised seniority position prepared in draft in respect of the grades of ITO, ITI, STA and TA have been enclosed herewith.
3. You are requested to bring the position to the notice of all the officials In your office and the objections, If any, may be forwarded to this office within In two weeks from the date of receipt of this letter positively by 10th June, 2014 for consideration.
4. It Is further Informed that copies of entire records prepared for arriving at the seniority position are being forwarded to all the emaillds available with this office for the perusal of desirous officials.
4 comments:
All other CCITs are reluctant and averese to do this leborious job and trying to escape till they vacate the seat by simply interpreting the OMs at their convenience.
IT ONLY CONVEYS THAT THE KERALA ADMINISTRATION IS NOT FOLLOWING DOPT GUIDELINES THEREFORE THEY HAD TO REVISE THE LIST FROM 1986 AND NOT FROM THE DATE OF SUPREME COURT ORDER WHEN THE 2008 DOPT OM IS QUASHED.
HOW PATHATIC SITUATION THAT THEY ARE NOT FOLLOWING BASIC DOPT'S OM FOR FIXING THE INTER-SE SENIORITY FROM 1986 ONWARDS TILL DATE AND NOW THE PRESENT CCIT HAD TO DO ALL THE WORK OF LAST SO MANY YEARS.
VERY PATHATIC SITUATION.
whether DR inspectors who have been selected from SSC 2005 notification who joined in kerala have been given seniority from 2005 or 2006 or 2007 and if so, how they have given seniority either from 2005 or in different years ie 2005 to 2007. AP High court has given order that 5 out of 813 inspectors who have joined in the department are only eligible to get seniority from 2005. The reason is SSC advertised 5 vacancies only which literally pertains to the year 2005 ( all India). hence, NR permar case is not applicable to the selectees of 2005 and at the same time they could not be adjusted against the year of vacancies which come later after the advertisement/notification. Hence, at best, they must be given seniority from their date of joining provided if their recruitment treats as LEGAL instead ILLEGAL.
The CCIT, Kerala may read the judgement of NR permar para No.33 carefully with application of mind. When the condition is satisfied that " None of the direct recruitees could occupy the caryforward vacancies or vacancies to be filled by subsequent notification". As a uniform government policy, the CBDT has abolished all DR vacancies of different cadres from top to bottom in the year 2005 by keeping only 5 inspector posts and given advertisement in 2005, After that in February 2007 additional manpower were created and distributed to all CCITs and DR quota was intimated to SSC 59 posts in December 2006 and 749 posts in February 2007. But these 808 inspectors were appointed from 2005 notification where in it was advertised 5 only. No appointing authority including chief justice of India could recruit beyond advertised vacancies. This situation is not in permar case. And also this type of question was not raised in NR permar case. The reason is CBDT has done a mistake in filing SLP and also by not filing review/curative petition about this. No recruitment rules could be framed like appointment from public without advertising is valid. Constitution of India has not given permission as such. Read the article 14 and 16 of constitution of India and Supreme court judgement in February 2013 in the case Meghalaya Public service commission and In February 2014 - Renue & others. Without observing all these, if any CCIT has grants seniority those type of appointees than the eligible is totally perverse and called as favoritism and done with a malafide intention
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