CCIT CHANDIGARH RELEASED ITI PROMOTIONS - DOPT GIVEN CLARIFICATION TO CBDT ON PARMAR CASE IMPLEMENTATION

Let us congratulate CCIT(CCA), Chandigarh for releasing the ITI promotions from CR posts for RY 2013-14. The order passed on 16th May 2014 with list of 128 names. Interestingly, the order doesnt give any info about whether the promotions given basing on old RRs or new/proposed RRs. The conditions in the order includes the 'subject to the decision of CBDT/DOPT on the implementation
of supreme court decision, dated 27.7!.2012 in UOI Vs N.R.Parmar case or in view
of the representation on the issue of seniorlty of officials of any other cadre'.
The where abouts of the RRs for ITI are not known till now. Only rumours are taking rounds. There is no official and concrete news about them. The associations are least bothered in expediting it or giving actual status of the RRs. In fact, they also do not know the fate of the RRs. In some of the plotforms, employees are expressing their doubts regarding ITEF's interruption in the new RRs and trying to get modify RRs in favour of some smaller sections.

CLICK HERE FOR COPY OF THE ORDER

DOPT's CLARIFICATION ON PARMAR CASE IMPLEMENTATION
The DOPT in its reply to the CBDT, which has sought clarificaiton on interpretation of the provisions of DOPT OM dated 4-3-2014, It is stated that,

•  it would not be feasible/desirablrt to give generalized opinon in respect of pending  court cases, as every case would have to be dealt with in its own context, while applying the provisions of laid down policy. However basing on the general observations of DOPTs OM dated 4-3-2014, the provisions of the OM dated 7.2.86/3.7.86  remain applicable till 27-11-2012. 

• The cases of seniority which have been settled based on the available/implied interpretaton of OM dated 7.2.86/3.7.86 NEED NOT BE SUO MOTO REVISITED as it would unsettle the cadre dynamics.

•  "IN THE SPECIFIC CONTEXT OF INCOME TAX DEPARTMENT, WHEREIN THE INTER-SE SENIORITY OF DIRECT RECRUITS AND PROMOTEES HAVE BEEN UNDER DISPUTE ON GROUNDS OF MIS-INTERPRETATION OF THE PROVISIONS OF THE OM DATED 7.2.86/3.7.86 AND HAS LED TO PARMAR JUDGEMENT OF SUPREME COURT, IT IS UNAMBIGUOUSLY CONFIRMED THAT THE INTIRE ISSUE OF SENIORITY OF THE OFFICERS OF INCOME TAX DEPARTMENT WOULD HAVE TO BE REVISTED IN COMPLIANCE OF THE JUDGEMENT OF THE SUPREME COURT."

So, friends, the DOPT is directing the CBDT to implement the Judgement ON THE REQUEST OF THE INDIVIDUAL in all the cadres since 1986. Indirectly the DOPT directing the CBDT not to ask for any further clarification. In every cases/depts involving court cases/judgements, it would have to be dealt with in its won context. It is implying the Revised instructions in  OM dtd 4-3-2014 are meant for general purpose to all other departmnents. It is enforcing the SC Judgcment in other departmetns atleast from 27-11-2012 if they are not following true sprit of the 1986 OM,  to avoid unwanted disturbance among cadre dynamics in other departments.

CLICK HERE FOR COPY OF THE ORDER

THREE CCITs ISSUED ITO PROMOTION ORDERS, ITEF DECLARS HELPLESSNESS IN UNIFORM DATE OF PROMOTION

Dear Comrades, 

it is known that Pr.CCsIT of Kanpur and Chennai have issued promotion order of ITOs 8th May 2014. Also it came to know that Pr CCIT, NWR has also released ITO promotions on 9th May 2014.
Surprisingly, ITEF has openly admitted their helplessness in bringing out uniform date of promotion all over India and alerted all the States to go on their own way. The States having no legal stay have proceeded to implement the CR promotions. But in some states like Kerala, AP, MP..etc where there are No Stay for promotions, the CCsIT are unable to issue promotion orders and they are functioning in their own lackadaisical style effecting badly the prospects of hundreds of employees of their region. May God help them know how to work in crucial times.

ANOTHER PITIFUL THING IS NEITHER OF ITEF/ITGOA/JCA/CBDT/DOPT ARE BOTHERED ABOUT THE RECRUITMENT RULES. NOBODY INTERESTED  SERIOUSLY IN THIS ISSUE AND  UPDATE THE ACTUAL STATUS OF THE RRs.

ALL EVERY ITO PROMOTIONS ORDERS OF ITOs THE CCsIT ARE INCLUDING THE CLAUSE OF 'SUBJECT TO CHANGE OF SENIORITY CONSEQUENT TO IMPEMENTATION OF PARMAR CASE AND OTHER CASES PENDING IN THEIR OWN STATES.

FOR THE ORDER OF CCIT KANPUR CLICK HERE

FOR THE ORDER OF CCIT CHENNAI CLICK HERE

FOR THE ORDER OF CCIT NWR CLICK HERE

ITEF-ITGOA MEET AND ISSUES CIRCULAR

The National JCA met at Manishinath Bhawan as scheduled on 4th May 2014.

"All the members were in unison that the situation of apathy on the part of the CBDT cannot brook anymore and it is time to embark on serious agitation under the united platform of JCA. It is also noted that the intervention of the Secretary (Revenue) and his assurances need to be taken note of and some more time should be given to the RS to respond and decided to seek one more meeting with the Secretary (Revenue) at the earliest. It was also decided to write a letter to the Secretary (Revenue) highlighting 
some of the issues already taken up with him through our Memorandum with a request for his immediate interference to avoid industrial disturbances in the Department. Accordingly we sought a meeting with the Secretary (Revenue) at the earliest vide our letter dated 05.04.2014. 
i) Promotions to various cadres pending for more than a year and issuance of uniform 
instruction for implementing Supreme Court Order on inter-se-seniority. 
ii) Filling up of posts of ACIT created in CR 2013 at one go and creation of 
commensurate posts in the cadre of AO/PS 
iii) Fixation benefit on promotion and advance increment on passing Examination. 
iv) Amendment to IRS Recruitment Rules & framing of Transfer Policy. 
v) Reduction of existing strength on allocation of CR Posts. 
vi) Approval of schemes sanctioned from 1% incentive scheme."
The next meeting of the JCA will be held on 02.06.2014 at New Delhi. Necessary 
notice for the meeting alongwith agenda items will be issued shortly. The meeting 
further decided to draw the Charter of Demands and campaign amongst the members 
before embarking on any agitation. 
VII-CPC related matters: The meeting decided to submit a joint memorandum to 
the VII-Central Pay Commission on the issues of the personnel of the Department. A 
committee with three members each from ITEF & ITGOA has been formed with the 
following members to prepare the draft memorandum. 
Com. K.K.N. Kutty, Com. Ashok B Salunkhe and Com. K.P. Rajagopal from ITEF 
Com. Amitava Dey, Com. Arvind Trivedi and Com. J.B. Singh from ITGOA. 
It was also decided to circulate the draft memorandum amongst the circles/units for 
their suggestions and views. After consideration of the same final report will be 
prepared and submitted to the VII-CPC within the stipulated time