CAT Hyderabad issued an an interim order dated 09.06.2014 in the following effect :
"...we direct the respondents to follow the instruction in F. No. A-11013/2/2013-AD VII Dt. 31.05.13(page 36, annexure VII).....for promotion in the post of Executive Assistant and Inspectors in the DPC to be held today (9/6/14) or any subsequent date.
View the order dated 09/06/2014
But completely ignoring the order, Dept conducted DPC on the same day (09/06/14) and issued promotion order without any delay on 9/6/14 for the post of Inspectors.
After this, CAT Hyderabad Bench suspended the above promotion order by it's ruling on 12.06.2014.
View the order dated 12/06/2014
"...we direct the respondents to follow the instruction in F. No. A-11013/2/2013-AD VII Dt. 31.05.13(page 36, annexure VII).....for promotion in the post of Executive Assistant and Inspectors in the DPC to be held today (9/6/14) or any subsequent date.
View the order dated 09/06/2014
But completely ignoring the order, Dept conducted DPC on the same day (09/06/14) and issued promotion order without any delay on 9/6/14 for the post of Inspectors.
After this, CAT Hyderabad Bench suspended the above promotion order by it's ruling on 12.06.2014.
View the order dated 12/06/2014
51 comments:
anybody plz elaborate this order that what was the main issue and what this order says..
it is very surprizing that CAT has not go through DoPT DPC rules and Model Clander for DPC and more than 10 Supreme Court decision and promotion only conducted on RRs statutory in nature not draft RR. and when vacancies created and DPC will be held on any time but promotion granted on only exist rules when vacancies created. RRs have only propectively effected and RRs have not framed/approved as on date. that CAT order not sustain in future.
This order directs the CCIT to strictly adhere to the instructions dated 31-05-2013 while effecting promotions after the notification by the Cabinet. As on the date of notification,ie, 23-05-2013, the posts of OS, STA, SG-I & DEO stands merged to from Executive Assistant which is the only feeder cadre for promotion to the post of Inspectors.This order takes effect from the date of notification. In other words, promotions are being made from the abolished posts of STA, OS, steno Etc. Good order, many many thanks and congratulations to the APPEELLANTS.
You cannot follow the RR as old as 1986. It should have been amended every 5 years and compulsorily on restructuring, as per DoPT orders.The handiwork of steno leaders with Board has now taken shape. The draft RR by the Committee was ready - months back, who is behind holding back this???...
Are other charges are going to CAT in their region? The CAT, Hyderabad order being precedence.
based on which r.rs did d posts of pr.ccit fill up?
Mirchi tab nhi lagti jab 3 sal m promotion, steno 5 sal m, exam ito m 5 sal ki service, assment etc.
Yes we from the nwr representing on the basis of this order. We could not understand after cabinet decision how cbdt can issue instructions to follow the old rules for newly created res.posts. if cbdt wanted to do why rules for iti issued in 2009 are being followed.
First time today I feel that u r very right dear
Could u explain dear friend that present rr belongs to which era after two restructuring
Dear cadre of DEO has already been abolished long time back. Why u everytime mentioning the cadre that is not existed.
Rubbish, idiotic order by CAT. Abolish CAT !!!!
The order says go to hell
my dear friends, no where in the Cabinet note it was discussed about the manner of recruitment of Group B and C. It all discussed in length about all Group A posts only.I request all to read carefully the said note, the entire note was discussed for ACIT and above posts only. A small mis- interpretation in the board's letter created confusion over the issue. Pl don't waste time and money on the litigation. Board soon will take corrective steps.
Unfortunately, Board's action is never pro-active. It always takes action only after getting slapped.
CCAs and ITEF jointly mess up things
i have passed in 2013 iti but not get promoted in this restructuring,when i will be promote please tell me on 07509538299.
Dear u all only see the cBDT letter 31.5.2013 but you all forget also in cabinet note of CR i.e. DoPT clarified in para 9.2 that ' no any deviation from exist rules for issueing promotion for avoiding litigation' basis of various DoPT rules and case decisions. But you all talk like a child
Absolutely correct.instead of going for liitigation try to get promotion for consequential vaccies.
Pls do not waist time n money.that order not going to be sustained. Pls look into cabinet note .
Apna time waste na karo promotion rule se ho rahe ha.
The DOPT FAQs on Recruitment Rules as per No. AB.14014/13/2013-Estt. (RR)(1349) has clearly stated the post are to be filled as per the eligibility conditions prescribed in the Recruitment Rules in force at the time of occurrence of vacancies.
The order In F. No. A-11013/1/2013-Ad. VII, dtd. 31.05.2013.
In the para 2 (ii) of order In F. No. A-11013/1/2013-Ad. VII, dtd. 31.05.2013, clearly states that all the additional posts are to be filled by promotion immediately. It also says that the promotion initiated immediately on the basis of MODEL REECRUITMENT RULE issued by the DoPT without awaiting amendment in the recruitment rules of the relevant post.
This clearly means that don’t wait for amendment of the recruitment rules and give promotion as per the Model Recruitment Rules issued by the DoPT i.e. the promotion to be given effect without modifying or amending the present Recruitment Rules.
On this date i.e 31.05.2013, there was only one Recruitment Rule i.e. existing Recruitment Rule which are in effect from 27.12.1969. All the promotions are given effect till date by the Income Tax Department based on the Rect Rule dtd. 27.12.1969.
The DOPT OM No. 14017/79/2006-Estt (RR) dt. 06.09.2007 has emphasized that RRS are statutory in nature they will not cease to operate unless they are repealed.
The Supreme Court in Civil Appeal No. 6332 of 2005- UOI vs. V. Ramakrishnan dtd. 07.10.2005 has made the following judgement
“ The draft rules, therefore, could not form the basis for grant of promotion, when rules to the contrary are holding the field.
bsps
even for cons. Post the old RRs will be effected
I appreciate the Hyderabad CAT order on suspending the ITI promotion order. Justice finally won. The old recruitment rule favors the cadres like Steno's, who by shortcut get their promotions leaving the senior most Sr.TA's annoyed. The Old RR is rubbish and should not be considered for the new post arising on Cadre review. It is very clear from the Board's instructions that after merging the cadres of OS, Sr.TA and Steno as Executive Assistant, the seniority should be fixed, but what happened, each CCA's has made their own decision by following the very same old rule for favoring the certain people in our Department. Will the Pr.CCIT, Tamil nadu revert the promotion order? or otherwise we have no option of going to CAT for justice.
steno 12pass se aate aur sar per baeth jate hai ye to bilkoul galat tum jiske liye bharti hue ho wo karo na aise to ta ko acit bana dena chahiye kumse kum graduate to hai, phone sunte sunte ek din demand recover karne lag jate hai parmar case ki tarah steno quota bhi revised hona chahiye inlogo ki wajah se dept. ki revenue ka loss ho hai wo alag
actually in the promotion of iti TA steno also the feedre cadre as per existing rr. can anyone think why the year of passing was get in the promotion of iti, because TA and steno are eligible if completed three year service and pass iti exam. they get benifit in promotion but not in seniority. it is only the consideration point. the seniority has not fixed as per this consideration point. if anyone who is senior and pass the exam later might be senior to his junior as per existing rr. but it is not following in many charge. i dont know why many charge interpreting this as ambigious. it is very clear that who has a higher grade pay must be senior to his junior whether he is below in the consideration. a seperate gradation list is to be after the promotion order like as seniority.
Mr. K.N Pur... you only see CBDT letter 31.5.2013 but ignoring the all rules laws. apply your mind otherwise y like a
Neither the 1969 RR which is said to be statutory nor the Hon.SC verdict is going to save the authorities from the Hon.CAT, Hyderabad judgement. No existing RR is binding for the post of 'Executive Assistant' as it is newly created one. It definitely requires draft RR/amendment of existing RR and the post of Inspector can be filled up only from the EAs from 23-05-2013 onward. Steno leaders must stop their foul play.
LDC UDC TA SR TA REFUND MEH BHEEK MANGTE AUR DEPT KA IMAGE BHIKARI BANAA DAALA.
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.
jo log ye kahe rahe hai ki ldc TA. St. TA refund mein bheekh mangte hai wo ye complaint anticorruption se kyon nahi karetein. aur agar tummey itna hi dum hai to 12 pass se kyon aatey ho graduate level se aao na selection to type aur phone ke liye hua hai aur sapney ito ke dekhtey ho this is really injustice
V can understand certain friends ire againsr stenos.but we STA/TAs espicielly intercharge transfrees also enjoyd the benefit of natural justice.what u were doing all these years for amenrdmnt of RR.does anybody blocked u from litigation. Do u think that the new RR is not favours stenos.in fact in existg RR thy get only 1:3 but thy wl be benifitd more on new rr.I do not understand in this country under which law 2 RR can be applied in same R.Y.
Steno ke 12th pass par itni problem kyo h kuch logo ko. Aise to IRS ki bhi eligibility graduate hoti h aur T.A ki bhi, to fir jameen-aasman ka difference kyo h. Dear friends, T.A., Steno seekhne ke liye aur exam pass karne ke liye kam se kam 3 years lag hi jate h. O.k. Govt. ye cheez samajhti h, lekin sayad aap nahi..
Since the appointment of TA/Steno/IIT are as per all India liabilities. The total length of service from the day of joining in the department should be counted for promotion , however, where the question of seniority involves for grant promotion, only the period spent in the present charge needs to be considered. So, Board should revert its decision of not counting the period of service for promotion in other charges, Kindly, comment on this issue.
In Chennai region 68 OS promotion order has been released out of the Cadre Restructuring consequential posts.
If some of the stenos joined after completion as undergraduates, I think most of the LDCs also didn't join the department after doing Phd. I just don't understand the level of jealousy among we people. When LDCs can be promoted as ITOs and ACITs, why can't the stenos be also promoted. After all the stenos had to pass one more skill test of stenography that's why they were placed above the LDCs in the department. As per the hierarchy of the department Stenos are above LDCs. And the stenos have been given promotion after they cleared the departmental examination for which there was no separate quota. They also competed with the other cadre so there is no point in being jealous about them. Actually we are jealous of them because they were our companions and friends since all these years and some of them got ahead by one or two years. We are not talking about those people who joined just 3-4 years back and are being promoted as ITOs. We should be focusing on that. But this is our fault we will always be jealous of our brother or a neighbor who will buy a new scooter, but we won't be jealous of a person who is roaming around in a brand new BMW or a Mercedes of another locality. That is the hard truth.
For all cadres the promotional vacancies arises out of the Cadre Restructuring should be filled by uniform recruitment rules only. For the R.Y 2013-14, old recruitment rules has been followed for ITI promotion, but it is learnt that new RR or Model RR may be followed for the RY 2014-15. Why this partiality? When the CR promotional vacancies are to be implemented in one go as per the cabinet approval, why this sought of partiality is being done ?
As per the CR report, all the cadres OS/STA/Stenos should be merged and then EA cadre should be formed which is the feeder cadre for the ITI. CR was approved during May 2013 and after one year, As per CBDT, revised RRs are not finalized till date and finally in the month of May 2014, CBDT had issued instruction to follow old RRs for RY 2013-14 since the guidelines for new RRs will take some more time and for the RY 2014-15, instructions will be followed separately. After a period of one year Board has recommended for old RRs.
In Central JCA letter, addressed to Chairman, CBDT, dated 09.06.2014 regarding charter of demands, the point no. A-III states that “Promotion to all Gr”B” & Gr”C” cadres for RY 14-15 on Model Recruitment Rules as directed by the Union cabinet”. Why this was not insisted for the last one year and for the RY 2013-14 itself?. Organization were saying for the past months 6 months that new RRs will be notified shortly and till date they were not notified and now for the RY 14-15, they are insisting to implement existing Model RRs which was previously approved by the cabinet. If the CBDT & Organization wants to implement the existing model recruitment rules, then they would have implemented from the RY 2013-14 itself and why organization is insisting from RY 14-15?.
Hence, all the promotion orders issued for Gr”C” out of CR promotional vacancies should be cancelled immediately throughout the country and fresh DPCs should be conducted by merging OS/STA/Stenos to EA cadre, the feeder cadre of ITI without implementing old RRs which is nearly 28 years old, and implement new RRs / Model RRs as approved by the cabinet, so that benefit will be for all the official of all cadres.
For Consequential vaccancy also existing rule has to be followed as per the
DOPT FAQs on Recruitment Rules in No. AB.14017/13/2013-Estt. (RR) (1349) in the
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.
As the cons. vaccancy has arisen in the FY 2014-15 and if new RR dont come in the F Y 2014-15, exising RR have to be followed for Cons. Vaccany
There rules and regulation which have to be followed by the all central Government department.
where are RRs for Ex، Asst،, when will the new RR come, any information
orders once issued cant be taken back as a bullet shot from a gun cant go inside the gun
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.
Hydherbhad friends who filed case kindly provide copies of letter filed before pr. Ccit and the CAT.
CAT is supreme or Supreme Court is supreme?
Why all r discussing about Hyderabad CAT.
Discuss about Supreme Court decession.
Respect the Supreme Court.
Accept the ITI promotions issued by all CCITs in the country.
That's it. Final
The EA is not a new post. It is redesignated post and is to be taken out from the working strength of OS/Stenos (GP 4200) and lastly Sr.TAs. Dear KNP pl. note down. It is created newly, you and your colleagues should wait for promotion for minimum qualifying years.
Chennai CCIT has been trying to on Top... The others r the followers...
We request to fill up the remaining promotions without any delay. Otherwise a Tsunami (CAT cases) is occupying in the entire country.
Whether steno gr-2 eligible for inspector promotion. Anybody give clear direction about the matter.
Can anyone inform whether work on uniform implementation on NR Parmar in all caders has started in any charge
Nrp is history. Talk abt rajeev mohan and renu kumari. Do not sit on cycle and show lanterns.
Kindly file OA's in CAT in all regions to strengthen Hyd case.
Stenographers have been given undue advantage in ITI promotion order. 25% quota system favouring them is totally against the principle of justice. It is in fact great injustice to Sr. Tax Assistants. So all over country the recent ITI promotion orders should be cancelled without any delay and a fresh order may be passed in all regions refixing seniority of executive assistant which is the only feeder cadre for the promotion of income tax inspector.
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