CBDT FEELS THE HEAT
During the previous week, couple of incidents caused the Chairman, CBDT big irritation. When he visited Hyderabad on 6th June to hold DPC to the post of CIT, he expressed his displeasure over the service litigations being filed in various regions especially AP, Karnataka. He came to know during his visit Hyd, the CAT, Hyd has stalled the DPC till 5th June. In a weeks time one OA(original Appln) and three MA (Misc. appln/pitition) were filed. Two oral directions and two orders on MA petitions were passed by the active CAT in span of 4 days.
The, CAT, Bangalore directed the CCA, Bangalore to give ITO promotions in the line of NR Parmar Judegement and order the CCA to revert back the ITO Promotions Earlier in the last month (before the receipt of Board letter dtd 6th June 2014, ordering all CCAs to implement the NRP in all cadres since 1986) vide his 10 page Memo dtd 30-5-14 the CCA rejected the plea of DR ITIs, meaning not implmenting the NRP.
In Hyderabad, a group of employees (13) were filed one OA and one MA and challenging the propsed DPC for ITI which was being conducted on old and existing RRs as directed by the Board vide its direction dtd 27-5-2014. The petitioners relied on the Board's earlier letter dtd 31-5-2013, which, in the opinion of the petitioners, states that the the Cabinet has permitted to promotions should be given on one time relaxation with new Model Recruitment Rules. This was mentioned in the letter in a para after discussing the posts of ACITs in earlier para. Again in the next para it said about the HAG+ scales of CCITs. This was key letter for the petioners and they imply the meaining to all the Group B and Group C posts. In the last but one para of the letter it was stated that 'region/state wise allocaitons of post will be intimated separately., and again in the last para it was stated 'approval of the Cabinet conveyed by Cabinet Secretary vide its Note no. 20/CM/2013(i) dtd 27th May 2013.
The petitioners contends that the Board's letter dtd 27-5-2013 implies that the promotions shoud be given on model recruitment rules (which indirectly says merger of OS/STA/Steno-I cadres).
PLEASE CLICK HERE FOR CBDTs LETTER DTD 27-5-2013
But is it actually mean what the petitioners mean ?
In the letter dtd 27-5-2014, the Board stated the matter was conveyed by the Cabinet Note dated 27-5-2013. So the bone of content is exists in the Cabinet Note no. 20/CM/2013(i) dtd 27th May 2013.As seen from the Note (available in the later part), the entire note of the Cabinet (34 pages) which includes the minutes of the meetings Cabinet/Cadre eview Committee under Chairmanship of Cabinet Secretaryhc, the entire note was discussed for ACIT and above posts only. The RRs for ACIT/JCT was discussed at Page 21 of 36. There was only a mention of Group B & C posts at Page 19 of 34 ' increase in Group A posts will require consequential increase in Group B and Group C posts, which would be as per norms in this regard:
So it is clear that in the entire of Note of 34 pages, no where the Cabinet was discussed about the manner of recruitment of Group B and C. It all discussed in lengh about all Group A posts only.
PLEASE CLICK HERE FOR CABINET NOTE CONVYED BY CABINET SECRETARY LETTER DTD 27-5-2013 (Cabinet Note courtesy: itgoa.org).
VIDEO CONFERENCE ON 16TH JUNE 2014.In the meeting the Chairman, when asked about the CAT orders of Bangalore and Hyderabad, he stated 'we will take care of them'.
47 comments:
thks inside income tax Department, this wl bring into the knowledge of every one. Now for the sake of GOD pls concentrate on work rather than litigation. Bring your grievance through proper channel.After all your colleague is getting promotion not any pakisthani to have ego and grudge and bring into the court.it is shame to the department that every now and then one litigation is coming out.show your strength in unity as Income tax family. Let us show the Govt that v r one and try for record collection for the countries growth.
Administration is a tough job.
The Administration in CCAs, always avoids confrontation with the Union and accepts all their demands.
The influence of Union can even be seen in the new RR ( for promo to ITI) which is in the offing. Stamp of ITEF is all over it.
When administration meekly surrenders to Union, impartiality is compromised and the department is run as per the dictates of the comrades. where will the aggrieved employees go.
Things end up in litigation and counter litigation.
Only solution lies with the overhauling of administration and creating a tough and impartial one .
Say for inter-charge cases. Why should it be allowed at all. If both the spouses work in Private Org, can they think of it. Cases are there, where a candidate fail to get the posting as per priority, because of poor SSC ranking, but after joining gets an inter-charge transfer and gets the place of posting as per choice, and on the top of it claims the seniority also for the period of service rendered in the erstwhile place of posting. How can rules be bent like this?
Also look at the attendance. People have the liberty to come and go as per their own choice.
people also have the liberty to absent and sign the attendance register by keeping the OS happy.
Where is the administration?
CBDT Chairperson has to wake up to the reality. This is the time to tighten the grip on administration. It is expected that the new Govt. will extend support to any endeavour in this direction.
If this can be achieved, at least the number of cases of litigation would come down in the future.
APPEAL BASED ON FALSE INFORMATION, HALF AND MIS-DIRECTING FACTS
DIRECTIONS OF HON’BLE CAT
M.A. No.379 in O.A. No.020/00557/2014 dated 09/06/2014
This order of Hon’ble CAT states as under:
“we direct the Respondents to follow the Instructions in F.No.A-11013/2/2013-Ad.VII dated 31.05.2013 (page-36 : Annexure – VII) to OA while considering the cases of the applicants for promotion to the post of Executive Assistant and Income Tax Inspectors in the D.P.C. to be held today or any other subsequent date.”
M.A. NO.386/2014 IN O.A. NO.020/00557/2014 Dated 12/06/2014
Directions of Hon’ble CAT
“After going through all the above, the order dated 9/6/14 of F.No.____ is herewith Suspended.” (Hand written) (Difficult to know whether it is an after thought?)(What made it write with hand?)
CONTENTION OF THE APPLICANTS IN THE APPEAL BEFORE HON’BLE CAT-HYDERABAD
1) It is the contention of the applicants that CCIT, Hyderabad had taken posts of Sr. Tax Assistant, Office Superintendent, Stenographer Gr.I and DEO as the basis for effecting promotions to the posts of Income Tax Inspectors.
2) These posts were abolished by the Government vide its order dated 31/05/2013 and has further prayed to grant the interim relief as prayed in OA.
First of all, the grade of DEO has not been considered by Pr. CCIT, Hyderabad while effecting promotions to the posts of Income Tax Inspectors. Only the DEOs promoted in the grade of OS have been considered for effecting promotions. Therefore, the DEO grade mentioned by the applicant in the appeal is false and misdirecting.
Further, the above contention of the applicants that these posts were abolished by the Government vide its order dated 31/05/2013 is misdirecting (thereby resulting in order based on half information). The order of Government dated 31/05/2013 only talks of creation of post (in Annexure A) named “Executive Assistant”(w.e.f. 23/05/2013) and the same has to be filled up as and when the recruitment rules for Executive Assistant is notified. Till the date of notification, these posts remain intact and existing. That means it only talks of creation of additional posts and filling up of these additional posts. The relevant extracts of the Government order dated 31/05/2013 reads as under:
“2. All the additional posts at different levels as per Annex A stand created with effect from 23rd May, 2013 (the date of the Cabinet Meeting). These posts shall be filled up in accordance with the Cabinet approval in the following manner…………
…..
ii. The Cabinet has permitted, as a one-time measure, filling up of the additional posts that are to be filled by promotion immediately, without awaiting amendments in the recruitment rules on the basis of the model recruitment rules issued by DOPT. Accordingly, the process of filling up of all the additional posts that are to be filled by promotion shall be initiated immediately on the basis of the model recruitment rules issued by the DOPT without awaiting amendment in the recruitment rules of the relevant post(s).”
As can be seen from the above, it only talks about CREATION OF ADDITIONAL POSTS, MERGER OF POSTS AND filling up of these additional posts on the basis of model recruitment rules issued by the DOPT. That is to say that the promotions are to be effected as per the existing recruitment rules which are in force. As and when the relevant recruitment rules for the new posts (Executive Assistant) are issued and notified, the same shall come in force and future promotions can be effected as per the new recruitment rule.
That is to say that proper steps and procedures are to be followed.
In the first step, posts are created.
In second step, they have to be filled up.
There are procedures to fill up the vacant posts. Government order (dated 31/05/2013) only creates additional posts and these additional posts are to be filled by the relevant Head of Department in the prescribed procedure and as per the relevant rules in force.
IN CONTINUATION TO THE ABOVE
It has further been contended by the Hon’ble CAT in its order that, Respondent No.4 (Pr. CCIT, Hyderabad) has not been following the directions given by Respondent No.2 (Jt. Secretary, Govt. of India).
It is not disputed that the Respondent No.4 (CCIT, Hyderabad) being subordinate to Respondent No.2 (Jt. Secretary, Govt. of India) is bound by the order given by Respondent No.2 {in Govt. Order dated 31/05/2013}.
But it is difficult to understand as to what order of the Respondent No.2 has not been followed by the Respondent No.4.
Respondent No.4 has merely been doing his duty and following the orders given by the higher authorities in the prescribed procedures as per the law.
If the Respondent No.4 has to fill up vacant posts, he has to follow the relevant recruitment rules for the relevant posts.
In the absence of any new recruitment rules, he has to follow the existing recruitment rules. And it is a settled law position that until the new rule does not come in force, the old rule will follow.
Even otherwise, Director of Income Tax (HRD) vide its order F.No.HRD/CM/102/2014-15/1510 dated 27/05/2014 has given instruction to all the Pr. Chief Commissioners of Income Tax for conducting DPC for vacancy year 2013-14. The relevant extracts of the same are as under:
“……The notification of revised Recruitment Rules for these grades is currently under process. Also, new Recruitment Rules are to be notified for the EXECUTIVE ASSISTANT grade. All this is likely to take some more time and it would not be advisable for conduct of DPCs after notification of new/revised Recruitment Rules.
2. DoPT, vide OM no. AB.14017/79/2006-Estt.(RR) dt. 6.9.2007 has emphasized that as RRs are statutory in nature, they will not cease to operate unless they are repealed. The observations of the Supreme Court in UoI v. V. Ramakrishnan viz., “Draft rules cannot form the basis of promotion, when rules to the contrary are holding the field” have been reproduced in this OM.
3. Accordingly, I am directed to request you to kindly conduct DPCs on basis of the existing Recruitment Rules for the respective grades.
4. For the ‘Executive Assistant’ (EA) grade, which has been approved to be created by merger of the grades of OS, Sr. T.A. & Steno Gr.I, the new Recruitment Rules for Executive Assistant cadre is also not yet notified. Therefore, I am directed to clarify that current Recruitment Rules for the grades of OS, Sr. TA & Steno Gr.I (which would merge into the single cadre for Executive Assistant upon notification of the Recruitment Rules for the latter) may be utilized by DPCs. In other words, DPCs for promotion of Sr. TA to OS, TA to Sr. TA & Steno Gr.II (erstwhile Steno Grade III) to Steno Gr.I are to be conducted. For the limited purpose of quantifying vacancies for conducing DPCs, the number of posts notified for the EA grade may be further trifurcated in each CCA region among OS/Sr.TA/Steno Gr.I in the same ratio as the pre-restructuring number of sanctioned posts in these grades.
………
7. The above instructions will be applicable for vacancy year 2013-14. Separate instructions will be issued for vacancy year 2014-15.”
Therefore, it is amply clear that Respondent No.4 (Pr. CCIT, Hyderabad) was only doing his duty and following the instructions of higher authorities. He was merely doing his duty and following the prescribed procedures. So he was not only following the Government order dated 31/05/2013, but also he was following the law laid down.
There was no question of ignoring the directions given by Hon’ble CAT, Hyderabad {even when the directions given were ambiguous}
Hats off to Pr.CCIT, Hyderabad.
In 'irsofficersonine' it is noted that the decision of Supreme court in the case of 'Rajeevmohan' is given effect, which is subject to the review petition to be filed by the Department.
I do not know the facts of 'Rajeevmohan' case, but from the comments of other friends, it appears that the decision is contrary to that of N.R Parmar case. Can anyone please clarify about the impact of implementation of 'Rajeevmohan' case?
rajeevmohan case insist of placing seniority of inter charge transferees
Has appeal filed before the high court
First of all govt shud get the Parmar decision reviewed or clarified by the supreme court...it is creating mayhem and enmity between colleagues...For DR Insp the date is date of initiating the vacancy and for the promotee empl. it is date of joining service..what a discrimination...
Also Admin says in mumbai that as everyone has taken 2-3 promotions there issue is settled....
Does 2-3 wrongs make a right....
Why is the Pr CcIT not ready to solve the matter once and for all...Give benefit of 86 OM to all...Revise everything...BUT Admn is admn...
Dear anonymous, "who wants to know about rajeev mohan case ". In case of Rajeev Mohan the Supreme Court has upheld the decision of "Allhabad High Court " that is date of seniority is the date of joining.
As per NR Parmar case date of initiation is the date of seniority. Therefore the Apex court has given contra judgement in two different cases. One is ICT and other is on Direct recruits. In case of ICT the person for eg. a DR inspector takes Inter charge transfer he is placed below all the working inspectors of that particular year in which he/she takes the transfer. Now by virtue of NR Parmar case the DRs have climbed up from 2009 to 2006 in many states. Now question is where they "working Inspectors" ? All ICT Inspectors seniority has been pulled down from No.1 to No.150 in some states !!!. Is it justified ???
Poor administration is the reason for so many litigation. The administration has gone to the dogs.....
Yes Mr 11:42 pm ICT may get their seniority in their parent charges but they are not liable to get their seniority in the new charges where he was being transfered to as per 1986 om. From the date of joining in the new charges seniority of ICT will be fixed. NRP is effective from 27.11.2012 and from 1986 to 27.11.2012 OMs of 1986 will be followed for the fixation of inter se seniority.
june 17, 2014 4.11 PM and 4.17 PM, are you from AP. please post your contact details. what is the legal remedy for the above AP CAT order
DOPT FAQs on Recruitment Rules in No. AB.14017/13/2013-Estt. (RR) (1349) in the
Q.3
3. Whether Recruitment Rules are applicable retrospectively?
Ans. The legal position is that the posts are to be filled up as per the eligibility
conditions prescribed in the Recruitment Rules in force at the time of occurrence
of vacancies unless the Recruitment Rules are amended retrospectively. The
practice has however been to give effect to the Recruitment Rules prospectively.
The consequential vacancies has automatically created in 2014-15 whereever CR vacancies of 2013-14 have been filled up. We can conclude from the above post that if new rr doesn't have clause of retrospective effect then consequential vacancies already arised has to be filled up by using old rr since at the time of occurrence of vacancies old rr was in force. This is only my derivation applying the meaning for 'at the the time of occurence of vacancies'. Am I correct?
since in NER, they are not holding the DPC, all the posts meant for NER may given to Bengal
All the promotions and seniority in every government dept is on the basis of OM of 1986 only، In the NR Parmar case the SC has given three direction، First, the seniority to be fixed as per 1986 OM، Secondly, the DoPT OM of 2008 is deleted، Lastly, the SC has defined the term 'available'،
Those who got promotions as Inspectors in the present cadre restructure - do you know ? Children studying in college now and those who will join the department in 2018 will become your seniors, at the time of ITO promotion. What an irony.
Time to wake up and do something about this injustice.
They will not only join in 2018 & become senior, they will also claim anomely in pay from their juniors promottees without performing their duties in department. Bachey ke janm lene se pahle hi uske liye sari suvidhaye de jati hai. Abhi bhi samay hai bhaiyo, jag jao. Kuch socho aur miljul kar aage barho.
UTISTHAT JAGRAT PRAPYA VARINBODHAT!
PROMOTION ORDER FOR MUMBAI CHARGE---->>>
ITO promo order was out a fortnight ago. This complied with the Apex court verdict.
Now promo order for Inspectors is out. Eligibility list was out on 17th and the promo order is out today.
Promo order confirms that eligibility list is the list based on seniority.
This means that Mumbai charge has not obeyed Apex Court on NRP. They have also defied DoPT order dt 4th March 2014 and and has just ignored CBDT guideline dt 27.5.2014 and of 6.6.2014.
What they have done is :
1) still continuing with the guidelines given vide OM 3.3.2008 which DoPT has now declared as "non existent ab initio"
302) for inter charge transfer case, still counting the services rendered in the old region for determining seniority.
All the actions show a bias to favour the compassionate appointees, and to create problem for newly recruited TAs from Bihar and UP region.
Administration has meekly surrendered to ITEF, who actually runs the show.
This is just asking people to approach CAT for justice.
Mumbai promotions:----->
In CR, Mumbai was given 588 inspectors' post. Since one third is to be filled up thro' SSC, two third i.e. 392 is available for dept promotion.
Also a further 243 ITIs were promoted to ITO. This also creates a vacancy of 162 posts for dept promotion.
Thus there stood a scope of promotion of 554 Candidates. Dept has released promotion order for 414 candidates (36+378). Does it mean that 140 posts will not be filled up? Can anybody throw any light on this.
Dept is dragging this to accommodate candidates of the subsequent dept exam batches
Wrong information's about Mumbai charges! Seniority of ICT has been placed much below the DR for the same vacancies year as per 1986 OM. But since they have completed their prescribed service periods of 3 year in the present charge and surplus vacancies also exists therefore ICT were given promotions in the grade of ITI. No past service in the old charges has been counted for the promotions. Mumbai is with the NRP. Kindly read the order correctly.
These are the seats reserve for sc and st and steno grd and eligible candidates are not available in these cadres. These seat can not be allocated to gen grade and ministrial staff without conversion of seats.
Go CAT like hyderabad
reservation for sc, st and obcs is guaranteed by constitution and 25% reservation for steno is guaranteed by itef
where is it guarantee?
can anybody upload the Guwahati high court decision regarding inter charge transferees seniority date?
In Chennai region 68 Sr.TAs have been promoted as Office Superintendents on 13.06.2014.
can anybody say any inter charge transfree after 01.01.2010 in Mumbai region get promotion to Inspector..
Kindly help me....
Sl. No.377 & 378 are the two person who got inspector promotion after getting inter charge transfer from Karnataka Region to Mumbai Region after 01.01.2010.
Remaining 140 post are filled by ministerial staff.
situation is so severe that no two charges are following same set of rules..thanks to d cbdt atitude..infact creation of dit hrd made d situation more worst..n now cbdt chairman is angry..angry on whom? he should be angry on hrd n itef..not on d poor clerk who went to cat being deprived of promotion even after two decades of seevice...
Once again we can see Mumbai Pr. CCIT audacious attitude by not implementing CBDT clarification dtd. 06/06/2014 and not even clarified in the eligibility list of inspectors or promotion order.
Thank u very much Bro. or Sis. for giving information about inter charge transfree if reliable..
Stop steno qouta
People here want everything - all rules, regulations and OMs interpreted favouring their candidature. when it comes to seniority they want N.R. Parmar. And when it comes to the issue of ICT persons e.g. counting of past service for eligibility (counting of past service for eligibility for next higher grade and seniority are two distinct things Mr. all Anonymous). All of these fellows if transferred to their hometowns they will go to CAT and get their promotions and when they are outside they don't want local persons to be promoted before them as they themselves have delayed passing eligibility exams! while and ICT person's passing of exam is counted from the year he joins new charge even if he has passed the exam long back. such a pathetic attitude. Shame Shame Shame. I suggest all just sit with peaceful and logical mind without any bias or jealousy and study DoPT Rule Book on all such issues.
Mr. Anonymous at 9:30 PM : Its easy to say all the people "shame shame" when there was any rule which was not implemented by CCA region, its really hurts. When you will be effected you will know the all the rules and judgements
In the ITEF, New Delhi, circular dated 14.06.2014 (circular no.44/12-15) regarding CWC meetings and decisions held on 01.06.2014, it was stated that many members raised objections for adopting the existing Recruitment Rules for the DPC. In reply the house was informed the inevitability of the adoption of the existing Recruitment Rules and assured that effort will be taken to get instructions issued for filling up of further and future vacancies as per the draft RRs framed. The SG also informed the house that the draft RRs for all the cadres have been framed incorporating almost all the suggestions made by the ITEF.
The CBDT, in the letter regarding “Instructions for conducting of DPCs for vacancy year 2013-14, dated 27.05.2014, states that “New Recruitment Rules is likely to take some more time and it would not be advisable for conduct of DPCs after notification of new/revised Recruitment Rules”.
As per ITEF circular, the draft RRs are almost framed within a period of 5 days ie meeting held on 01.06.2014, from the date of instruction, dated 27.05.2014 of conducting of DPCs for the year 2013-14 by the CBDT. If RRs is almost finalized, then the notification may be issued after the new RRs is notified. If it is inevitable of adopting existing Recruitment Rules as per ITEF, it should be of temporary basis only. After the notification of new/revised Recruitment Rules, the entire seniority should be refixed as per the new/revised/model recruitment rules.
The Board must take necessary steps to implement the same and do justice for all cadres.
Friend,the justice u feel for yourself need not to b justice for all.under what justification can it b two different RR for same R Y?
thats y all 13-14 vacancies shud b filled wid new rules..ie all dpcs done aftr 23 may 2013..date of cabinet apprvl..its going to b hapnd soon..itef board can b managed not honble courts..
Then the non CR vaccancies filled all over india by promotion from 1.4.13 has to be reviewed for new RR that is not possible as thr was no new RR avlble as on 1.4.13..if it happens lot of litigation can be exptd. That is why Board, after thorough discussion with the concernd of its pros n cons issued the circular dtd 27.5.13 specifying everything in detaild .
The new RRs are in proposed draft stage, it has to be cleared by DoPT and the Dept of. Law before published in Gazette. The time whole procedure completed it will min. take more than one year of there are dispute. As per the sub committee 6, the DOP criteria has been done away, but no valid reason cited in the proposed draft RRs. Since1969 the ITI RRs are not amended in official Gazette, so when the new RRs will come is a big question. the CBDT KNOWING THIS HAS GIVEN THE CIRCULAR DTD. 27.05.2014. The ITI, OS, STA, TA promotions are to be effected as per the existing RRs.
It appears readers are misled by the posting in blog,i.e., "PLEASE CLICK HERE FOR CABINET NOTE CONVYED BY CABINET SECRETARY LETTER DTD 27-5-2013 (Cabinet Note courtesy: itgoa.org)", as the first three pages that are seen on pressing the aforesaid link are correct since that is the decision conveyed by the Cabinet Secretariat taken by the Union Cabinet whereas the other pages, as can be seen therefrom, are minutes of the meeting of either Group of Ministers or of Cadre Review Committee held on 29/4/2013, 19/02/2013 and 27/04/2012. There is no Cabinet Note available, as such, in the link provided. Unless the proposal at para 11 of the Cabinet Note in Case No. 165/20/2013 dated 8/5/2013 is seen it cannot be said with certainty whether the Union Cabinet had granted one time relaxation for filling up the additional posts (arising out of the approval of Union Cabinet)as per the model recruitment rules of DOP&T or not. Can anybody obtain a copy thereof and place it on any blog/website to clear the doubts of thousands of anxious employees of I.T. Deptt.?
Any news regarding uniform implementation of N R Parmer in all caders in any CCA charge
promotion under mumbai CCA:
Only for ITO promo, all the CBDT guidelines were followed.
But for ITI promotion, they have given a damn to all the guidelines and done the promotions surrendering to ITEF's wishlist.
They are still following 03.03.2008
OM of DoPT.
Ref blog June 20, 2014 at 2:38 PM :
candidate in sl.375 also joined mumbai after 1.1.2010
Presently I am working in Income tax dept., Karnataka & Goa Region as a Steno Gr.II and my home town comes under Lucknow Charge.I have completed 3 years of service in this region. I want Inter Charge Transfer to Delhi charge instead of my Home Town charge Lucknow. Is it possible. Is there any CBDT Circular/Order in this regard. Plz give me necessary solution.
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