Monday, September 29, 2014

AGAIN DIFFERENT STAND BY CBDT ON PARMAR ISSUE

In a letter dated 29-9-2014, the Board has issued a letter contrary to the letter issued earlier dtd 6-6-2014. This letter is with subject " Implementation of the decision of the Hon'ble Supreme Court in the case of NR Parmar (CA No. 7514-7515 and others) - Issue of Advisory — Regarding".
In its previous letter of June 2014, it is stated that " ... it is unambiguousely confirmed that the entire issue of seniority of the officers of the Income tax Department would have to be revisited in compliance of the Supreme Court Judgement.". Accordingly all CCA are under the laborious task of refixation of seniority, Most of the Task forces/committees are on their half way.
But suddenly, the Board issued today's letter in contravention to the above.

-----------The high lights of todays letter are ...
  • The letter was issued in the wake of various querries raised by CCA while they are implementing the Parmar case. 
  • Earlier, letters were issued by the Member (P&V), CBDT seeking inputs from the all Pr. CCsIT (CCA) in the matter. Based on the inputs received, extensive consultations have been carried out by Pr. DGIT(HRD) on behalf of CBDT, with representatives of Pr. CCsIT(CCAs) and the ITGOA and ITEF.
  • Minutes of the meetings held on 3'rd December, 2013 and 11th December, 2013 in the course of consultation process have been circulated to all the participants. No dissent note has been received from the participants against the Minutes of meetings. 
  •  After consultations, the following Advisory based on the common queries of the Pr. CCsIT(CCA) and other Issues that surfaced during the consultation process, are being issued in a FAQ format for uniform implementation of the revision of seniority lists in all Regions in the country, as follows : 
Gist of the FAQ is...1. Dt of seniority of DRs... In case of requistion is made in advance to the year of vacancy, then year of vacancy is to be taken for seniority. If requisiton is made after year of vacancy, then year of requisition made is to be taken.2. Effective dt of implementation ... The effective date is from 7-2-1986 and in accordance with NR Parmar judgment, But from 27-11-2014, OM dtd 4-3-2014 would be applicable.3.Is the NR Parmar decision applicable only to the post of Inspectors? ......DoPT has advised that the NR Parmar judgement Is applicable to the post of Inspectors. 4. Data regarding Requistion date vis-a-vis Vacancy year was given in the Annexure. The data only of ITIs is given for Years 1992-93 (Examination year 1991). For earlier years, it advised to obtain the dates available in the Dossiers correspondences.5. Review DPCs are required to be hold from 1986 for ITIs.

The Pr. CCsIT(CCAs) are advised to form a Task Force in their respective Regions for early implementation of the Fion'ble Supreme Court decision as per the Advisory and to complete the exercise of conducting review DPCs latest by 10.10.2014. 

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The data and suggessions given by the Board are appear to be adequate and clear for implementation in the ITI cadres.