Friday, October 17, 2014

LATEST DEVELOPMENTS

The Secretariat of the ITEF had its meeting, as scheduled, on 14.10.2014. The secretariat discussed the agenda items and the gist of the decisions is given below circular.
Agenda item No. 1. Immediate steps to finalise the All India seniority list of ITOs by issuing guideline and deadline to resolve inter-se seniority issue.
The Official side informed that the issue is linked to the implementation of DOPT Office Memorandum issued on the basis of Supreme Court Judgement in the case of Union Vs. NR Parmar.  Board has referred the matter raised by the JCA for implementing the same in all cadres, to the DoPT.  The reference from the DoPT is awaited and the deadline fixed for completion of the revision will not be insisted till then.      
Item No. 2. Speedy approval of Jurisdiction proposals pending with the CBDT for immediate initiation of departmental functions for FY 2014-15.
The staff side requested for notification of jurisdiction as on one side the promoted Officials are kept idle and on other side the existing assessment units are struggling with heavy work load. The staff side demanded posting of officers kept as OSD to assessment units with concomitant jurisdiction. The Chairman informed that the Jurisdiction proposals have been approved and some issues of technical nature have been referred to Ministry of Law for their opinion.  Since the new pattern is admixture of existing and new scheme, any adhoc method will bring only difficulties and informed to wait till the opinion of the Law Ministry is received.  
Item No. 3. Immediate steps for approval of RRs of Group B & C for filling up of posts of RY 2014-15 and discussion on the amendments of IRS Recruitment Rules.
The staff side pointed out that due to the delay in the approval of the RRs by the DoPT, DPC Meetings and promotions are held up and demanded executive instructions on the lines of the proposed RRs submitted to the DoPT as done during the years 2001-02 and 2002-03 during last cadre restructuring.  The Official side informed that the matter is being pursued with the DoPT and requested to wait for another month viz. till 15.11.2014.  The official side also assured the matter will be reviewed on 17th Nov. 2014 for considering the alternative methods.   In the case of IRS Recruitment Rules the Chairman directed the official side  and staff side to sit together and sort out the gray areas.                                                              `
Item No. 4.  Steps to get the approval of the long pending following schemes from IFU/DoE (6 air conditioners per Range: Laptop to Inspectors, Laptops to AOs/Ps, Replacement of Old Laptops, Mobile handsets to all etc).
The Official side informed that the the clearance of approval of 6 air conditioners from DoE is expected shortly.  The IFU has cleared the proposal for laptop to Inspectors and the same will be sent to the DoE for approval.  For other issues the CIT(C&S) shall pursue the matters with the Secretary (E) and JS,IFU  for expeditious clearance.
Item No. 5. Constitution of a committee to consider amendments to the Transfer & Posting Policy for Group A Officers considering unique problems of promotee Officers.
The Chairman favoured written suggestions from ITGOA in this regard to be considered by the Board for incorporation than constituting a committee for this purpose.      
Item No.6. Discussion on the effective date of DCIT promotion to 2009/2010 Barch DCsIT and retrospective effect of promotion from 1st  January  for 2006/2007 Batch DCsIT.  Also discuss the issue of regularisation of adhoc JCIT for 2001 Batch retrospectively.
After hearing the representatives the Chairman desired the officials to start the process for holding DPC before 1.1.2015 for 2009 & 2010 batch Officers.  The official side informed that reference has been made to Law Ministry for giving effect of promotion to 2006 and 2007 batch officers from retrospective date.  The Chairman desired immediate initiation of process for regularisation of Adhoc JCsIT.  
Item No. 7. Resolution of issue of promotion orders in Directorate( Delhi Charge ) and diversion of 1633 posts out of West Bengal Charge.
The Official side informed that on the issue of Promotion orders of Directorates, the Chairman had one round of discussion with the DG(HRD) DG (Admn) and ITEF.  The contentious issue is with regard to the promotions of 48 persons.  A meeting will be held with JCA next week to find out a solution. With regard to the Diversion of posts out of West Bengal Charge, the Committee will be reconstituted with the JS (Admn) as the Chairman with mandate of completing the process within one month.      
Item No. 8. Proposal for increasing local travel reimbursement to Inspectors and Notice Servers.
It was informed that the Proposal put up with justification to the Board will be approved soon and the same will be submitted to IFU for its approval.     
Item No. 9.  Advance increment to Sr. Tax Assistants and Stgrs on passing Departmental Examination.
The Official side informed that proposal with further inputs is being put up to the Board for further action.                  

Wednesday, October 1, 2014

JCA LETTER TO CBDT ON PARMAR GUIDELINES

The GSs of ITEF  and ITGOA aka Conveners of the JCA have issued a letter dtd 29th Sept 2014, to the Chairman, CBDT requesting for amending the Advisory issued by the Board on 29th Sept. This quick response of the JCA was result of the uproar from all the quarters. While the Parmar implementation is smoothly going in all the regions though with some difficulties like data availability and doubts dates of actual seniority etc, the recent Board letter given some good clarifications and data on the issues. But, in the same letter the Board as usually raked up new issue with 'only for inspectors'.

The employees under the rule of CBDT are already being suffered losses of career progression and financial benefits due to various stands and instructions issued by the Board in earlier cases of Recruitment Rules and in the instant issue forcing the employees to seek legal redresal. The Cadre Restructure implementation processes like consequential promotions, recruitment rules and jurisdiction matters are still pending for finalisation. 

PLEASE CLICK HERE FOR JCA LETTER DTD 29-9-2014

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.