Pr. CCIT, Bangalore yesterday issued promotions or ITI and ITOs and also disposed Parmar Issue by not implementing since 1986. He released a 10 page Memorandum explaining it can be implemented from 2012 only.
PL. CLICK HERE FOR ITO PROMOTION ORDER
PL. CLICK HERE FOR ITI PROMOTION ORDER
PL. CLICK HERE FOR MEMORANDUM COPY
23 comments:
PR CCIT, Balgalore wrongly interpreted different om and circulars of different forum leads to injustice to nr parmar case. He has to implement it from 1986 sooner or later after getting proper instructions from cbdt . justice delayed but can not be denied. N
Only those seniority can be re-fixed whose seniority has been fixed as per OM of 2008 and previous to that the seniority was already fixed as per the existing OM of 1986.
The Principle CCIT(CCA) has rightly interpreted the legal position. Predominantly, there was no change or amendment made to the DoPT instructions 2.7.86 and 3.7.86. Upto the date 3.3.2008, the different CCIT(CCA) of states have taken the DRs in different ways like year of vacancy, year of receipt of select list, some of them were taken from the date of joining and also some of them have taken calender year wise and some of them financial year wise and etc. At that juncture, DoPT has given clarification about 3.7.86 ie term availability means the date of joining. In NR Permar,it was held that the 3.3.2008 is not an amendment and hence, the clarification given for 3.7.86OM is totally wrong and explained what is 3.7.86 with an elaborate discussions. The true observations of the condition is " NONE OF THE DIRECT RECRUITEES COULD OCCUPY THE CARRIED FORWARDED VACANCIES OR VACANCIES TO BE FILLED UP BY LATER/SUBSEQUENT EXAMINATION". So what ever interpretation was implied in taking of 3.7.86OM in implementation of term availability in fixation of interse seniority upto the clarification given by Supreme court need not be reopened and unsettle the settled position after a gap of 26 years as there was no new rule or directions given by the Supreme court in the said judgment and hence, the CCIT(CCA)Bangalore has correctly taken the 4.3.2014 and implemented. DoPT is run PMO office ie Prime Minister of India who is the supreme in running the central government organizations with executive instructions.If any court says that the instructions issued was not correct or other, the PMO office will taken the judgment positively and issue another instructions if necessary. ie Upto that date of judgment, the instruction was in live and hence the effect of any mistake need not be reopened.The DRs do not confuse and misuse the wordings by pic up they choose and leaving the right one. We thank the CCIT(CCA) Bangalore.
The consequential DPC of consequential post must be taken into account in R.Y.2013-14 and this is clear from the latest instruction of board so please correctly read the 1st para of the said instruction. The are requested not to misinterpret that consequential post will be decided in R.Y.2014-15.
Madan, Ranchi
When ever ITI post is filled by giving promotion to STA/OS in any RY, the vacant posts of STA/OS is filled in same RY eligible TA in case STA got promotion (or) by STA if OS got promotion. Similar is the case with ITO promotion, the vacant ITI posts to be filled by promotion quota are filled either from STA or Stgr. as per norms in the same RY. Why in consequential posts of CR can't be filled in the same RY 2013-14.
When ever ITI post is filled by giving promotion to STA/OS in any RY, the vacant posts of STA/OS is filled in same RY eligible TA in case STA got promotion (or) by STA if OS got promotion. Similar is the case with ITO promotion, the vacant ITI posts to be filled by promotion quota are filled either from STA or Stgr. as per norms in the same RY. Why in consequential posts of CR can't be filled in the same RY 2013-14.
helelo mydear(ref.above comment), when a higher cadre post is vacated and same is filled immediately, then it can be of same RY. But here, the higher post created by CR on 31st March, if you give promotion for both higher and lower cadre then it is ok. But promotion to higher cadre itself is given after March. So consequential post promotion does not arise before 31st March. Only direct approved vacancies in other cadres available for promotion.
Largest Reversion of ITOs is coming soon...and it will be again Bangalore Region....After Nagpur, Delhi where DPCs of ITO was done with NRP...the Gujarat CCA has conducted DPC of ITOs with NRP on 30.05.2014....Now Mumbai, Rajasthan, Kochi & Lucknow will conduct DPC of ITOs with NRP on 3/4 th June.....When everything is clear, the great CC of Chennai holding additional charge of Bangalore has done this Mis-adventure....as a result both region will have maximum reversion shortly....Wish I may be proved Wrong....
hats off to ccit bangalore for interpeting nrp in right direction, can anybody advise the west bengal unit to follow respected Pr.CCIT,Bangalore
Hat's off to Bangalore Pr CCIT who has taken pain in doing all the study and then issuing the correct promotion orders and leaving less scope for legal dispute. And above all making sure that no injustice is done on anybody. Lastly, I would like to say only line from Bhagwatgeeta that
WHAT IS GOOD FOR YOU MAY NOT BE GOOD FOR OTHERS BUT WHAT IS GOOD FOR EVERYBODY IS GOOD FOR YOU.
It seems to be a mis-adventure by Bangalore charge. They have tried to justify their wrong action by issuing a long memorandum which in fact has no substance. I feel this is defying DoPT order and Apex court verdict.
CBDT should intervene.
Kerala charge has taken the pains to correct all wrong doings ans very transparently.
It seems that Bangalore charge has taken the short cut to simplify things by issuing a long memorandum and avoiding the detailed workload involved. The question is which other charge will take the cue and follow suit?
Less scope for legal dispute??i request u to go n read tht memo again,also read sc order dopt om of 86 n latest advice to cbdt..prccit may be cos of old age forgot tht cat is bigger than dopt..wht he has done is blunder..n it was result of biased attitude towards north indian..but he forgot tht IT dept is central dept n u cant carry on such attitude without being questioned by SC..he hasnt even done justice to poor UDC who could hv gained seniority over steno if nrp was implemented in blre like kerela did..nw even udc r going to cat for getting their due so prcc has increased d legal disputes..poor guy old age gave him in..
ANDHRA PRADESH CHARGE REFUSES TO PROMOTE ALL STA'S OF 2011 & 12 BECAUSE THE BENEFICIARIES ARE NON-LOCALS.
STA/ OS having 3 yrs service are elegible for promotion asITI , if any instruction/RR / clarification reg earlier promotion is available pl punlish the same
STA/ OS having 3 yrs service are elegible for promotion asITI , if any instruction/RR / clarification reg earlier promotion is available pl publish the same
No my friend..how can an eligible candidate be refused to be promoted by any region if sufficient vacancies were available. It is very evident that the majority of beneficiaries are non locals but in our department what we proclaim is our unity is our strenth. By making this type of comments may hamper the understanding between ourselves. Have a little patience....oh my friend.
SUFFICIENT VACANCIES ARE AVAILABLE IN AP CHARGE IN EVERY QUOTA,HOWEVER, EVEN THE ITEF LEADERS HAS BLUNTLY REFUSED TO LOOK AFTER THE WELFARE OF THE NON-LOCALS. AP CHARGE HAS ALWAYS BEEN BIASED WHEN IT COMES TO PROMOTION. THE SAME HAPPENED WITH THE RECENT ITO PROMOTION WHERE SENORITY WAS MANIPULATED. IT WAS THE PERSISTENCE OF THE DR ITI'S THAT GOT THEM PROMOTED.
Mumbai charge has drawn up the revised seniority list for ITIs awaiting promotion as per Apex court verdict and DoPT guideline. Hopefully they would not follow Bangalore methodology for determining seniority for Sr.TAs awaiting promotion to ITIs and stick to Apex court verdict and DoPT guideline.
Friends its time to unite and fight for our rights against this senseless, baseless and anti human rules of our respected department for harassing and disrespecting its employees and the experience and seniority they deserve out of their hard work and years of dedicated duties carried in department. I want our department to learn and follow some international labour standards and learn something from corporate leaders who take take their employees hand in hand and where experience and performance are the only criteria for promotions and appraisals. Feeling pitty about the narrow observation capacity and lack of basic understanding of our respected PR.ccit.
Pr. CCIT, Bangalore has rightly implemented the SC order and the OM of DOPT...Sorry to say that the CCIT, Delhi has done it wrongly...they are giving certain employees more than that they deserve...
Now there is dispute regarding fixation of seniority of DR ITIs of 2008 batch...as CCIT, Banglaore and CCIT, Delhi have taken different stand on the same issue...it is high time than the CBDT issue clear guidelines regarding NRP implementation in the correct context...till now DR ITIs are shouting and getting what they do not deserve...NRP is applicable from retrospectively only on the persons who were parties to the dispute and not to other ITIs...the CAT, Principal Bench also in its order has not given any findings that NPR is applicable on 2008 batch or not...it just says that after the judgment of SC it should be implemented first and then only promotions can be made...in its order the CAT has taken into account all the facts of the case but did not pass any judgment but only has given a very "golmol" direction...Now it is the Pr. CCIT, Banglore who has taken pain to 'read' and 'analyse' the judgement of SC in NPR...Furthermore, now the SC order in the case of Rajiv Mohan is also in hand and it should also be considered for fixing seniority of DR and PR in the department...
Pr. CCIT Odisha also issued promotion to the post of Inspector to 48 persons against CR vacancies on 02.06.2014.
the promotees should fight against the meaningless judgement in Parmar. These DRs want seniority even without working at the cutting level, which is not done.
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