ITGOA, Central Headquarter issued a circular to all members apprising of different issues. Out of these issues, perhaps the most important issue, ACIT promotion is still uncertain.
"The CBDT had submitted two Review / Regular proposals for promotion to the post of ACsIT to UPSC on 18.02.2014. CBDT was advised by UPSC to obtain opinion of DOLA on the issue as to whether holding DPC from the existing seniority list of ITOs subject to revision of seniority of ITI/ITO based on the judgment of Hon’ble Supreme Court in N. R. Parmar will tantamount to contempt or not.
DOLA referred back the matter to the Board for obtaining views of DoPT and to clarify its stand taken before the Hon’ble Supreme Court in the contempt petition titled as 'Virender Kumar vs Dr. Sudha Sharma, ex-chairperson, CBDT'. The CHQ has been pursuing the matter at all levels in CBDT as well as other agencies involved in the process. The CBDT clarified the relevant issues placing reliance on the opinion dated 05.05.2014 of DoPT, clarifying the O.M. dated 04.03.2014 and sent the matter for examination to DOLA in first week of
June, 2014.
After considering the facts, the DOLA has opined that the matter can be taken up with the UPSC for holding DPC subject to determination of final seniority in terms of judgement of the court in N R Parmar’s case. The matter has been referred by CBDT to UPSC again around 3 weeks back after obtaining the advice of Department of Legal Affairs.
In the mean time, the UPSC has pointed out it has received representations from a few officers of the Department requesting for postponement of the regular DPC / objecting to the review DPC and asked for comments of the CBDT. It has also come to our knowledge that the UPSC has written another letter to the CBDT, two days back, asking for status of implementation of N.R Parmar judgement.
While all out efforts are being made to get a date from UPSC by the ITGOA CHQ, the action of a few of our members coupled with the indifferent attitude of CBDT are all contributing to the further delay in the promotions. Each one of us has the right to contest for his/her legitimate right / seniority position and the CHQ is putting its sincere effort to force the Authority to implement the Judgement of N.R.Parmar and to recast the seniority list of ITOs as early as possible but we must not forget that by bringing stay
either from the Court or writing letter to the UPSC thereby stalling the DPC and complicating the matter will jeopardize the career prospects of our own members only.
The root cause of this problem is the non implementation of N.R. Parmar judgement in a time bound manner. We have taken up the issue with the CBDT for not only uniform implementation of the judgement but within a fixed time period including review DPCs in all the regions so that the issue reaches its finality. The major hurdle in this issue is the indifferent attitude of the CBDT. In spite of our several letters and meetings with the authorities of the CBDT, the Board is sitting idle over the issue by not fixing the deadline for implementation of the judgment in all the regions. The implementation issue was also discussed in the last JCA meeting held on 02-06-2014 and it was decided to include it as one of the issues in the JCA Charter of Demand, already submitted to the Board. The Board has called for quarterly review meeting on 14.07.2014 and we are definitely going to raise the issue for time bound implementation of N.R.Parmar judgement.
The CHQ has been pursuing the matter at all levels in CBDT for DPC against CRC vacancy for RY 2013-14 & 2014-15 and regular vacancy for RY 2014-15 and requested the Board to initiate the process immediately. We have been assured that process will start immediately once the DPC for the regular vacancy for RY 2013-14 is completed. "
Click here for the circular
"The CBDT had submitted two Review / Regular proposals for promotion to the post of ACsIT to UPSC on 18.02.2014. CBDT was advised by UPSC to obtain opinion of DOLA on the issue as to whether holding DPC from the existing seniority list of ITOs subject to revision of seniority of ITI/ITO based on the judgment of Hon’ble Supreme Court in N. R. Parmar will tantamount to contempt or not.
DOLA referred back the matter to the Board for obtaining views of DoPT and to clarify its stand taken before the Hon’ble Supreme Court in the contempt petition titled as 'Virender Kumar vs Dr. Sudha Sharma, ex-chairperson, CBDT'. The CHQ has been pursuing the matter at all levels in CBDT as well as other agencies involved in the process. The CBDT clarified the relevant issues placing reliance on the opinion dated 05.05.2014 of DoPT, clarifying the O.M. dated 04.03.2014 and sent the matter for examination to DOLA in first week of
June, 2014.
After considering the facts, the DOLA has opined that the matter can be taken up with the UPSC for holding DPC subject to determination of final seniority in terms of judgement of the court in N R Parmar’s case. The matter has been referred by CBDT to UPSC again around 3 weeks back after obtaining the advice of Department of Legal Affairs.
In the mean time, the UPSC has pointed out it has received representations from a few officers of the Department requesting for postponement of the regular DPC / objecting to the review DPC and asked for comments of the CBDT. It has also come to our knowledge that the UPSC has written another letter to the CBDT, two days back, asking for status of implementation of N.R Parmar judgement.
While all out efforts are being made to get a date from UPSC by the ITGOA CHQ, the action of a few of our members coupled with the indifferent attitude of CBDT are all contributing to the further delay in the promotions. Each one of us has the right to contest for his/her legitimate right / seniority position and the CHQ is putting its sincere effort to force the Authority to implement the Judgement of N.R.Parmar and to recast the seniority list of ITOs as early as possible but we must not forget that by bringing stay
either from the Court or writing letter to the UPSC thereby stalling the DPC and complicating the matter will jeopardize the career prospects of our own members only.
The root cause of this problem is the non implementation of N.R. Parmar judgement in a time bound manner. We have taken up the issue with the CBDT for not only uniform implementation of the judgement but within a fixed time period including review DPCs in all the regions so that the issue reaches its finality. The major hurdle in this issue is the indifferent attitude of the CBDT. In spite of our several letters and meetings with the authorities of the CBDT, the Board is sitting idle over the issue by not fixing the deadline for implementation of the judgment in all the regions. The implementation issue was also discussed in the last JCA meeting held on 02-06-2014 and it was decided to include it as one of the issues in the JCA Charter of Demand, already submitted to the Board. The Board has called for quarterly review meeting on 14.07.2014 and we are definitely going to raise the issue for time bound implementation of N.R.Parmar judgement.
The CHQ has been pursuing the matter at all levels in CBDT for DPC against CRC vacancy for RY 2013-14 & 2014-15 and regular vacancy for RY 2014-15 and requested the Board to initiate the process immediately. We have been assured that process will start immediately once the DPC for the regular vacancy for RY 2013-14 is completed. "
Click here for the circular
13 comments:
It is gathered that the Income Tax Officers of Mumbai in the consideration zone are proposing for filing of a writ of Mandamus petition against the Chairman CBDT and Chairman UPSC in this connection .They have also sent a letter in this regard to ITGOA Mumbai unit seeking certain clarification before proceeding with the judicial remedy . The issues on which clarification has been sought vide their letter dated 7th July 2014 is as under:
1) Has there been a change in the seniority list prepared by CBDT vide Letter F.No.A-23012/04/2012-Ad.IV dated 10th October 2013 and if yes whether the same was published and what is our present position?
2) If there is a change then on what basis it has been altered and whether the same is correct?
3) What is the present position regarding holding of DPC and what are the impediments?
4) Has the impediments been addressed by the CBDT or/and UPSC and if yes what is the tentative date of DPC?
5) If not then what is the sanctity and veracity of the objections and whether there is any stay by any judicial authority?
6) Has any individual filed any objections to the holding of DPC and if yes who are the persons and what is their grievance?
7) Are the said persons in the consideration zone for the initial 188 promotions and if yes what are their seniority number?
8) Are there a possibility of DPC being held in the recent days and can a time frame be obtained as to within how many days/months it may be held?
9) Is there a case for going in writ(mandamus) against the UPSC Chairman and CBDT for not doing there duty and denying right to equality of opportunity to us and if yes kindly enumerate the grounds on which we may approach the Bombay High Court for the same.
10)If there is a delay in granting promotions to ACIT what is the course of action proposed by ITGOA ?
11) Within how many days should we expect these steps from ITGOA and what is the time frame set by ITGOA to ensure these promotions ?
It is also informed that many of our aggrieved members were in the process of submitting their resignation from the primary membership of ITGOA and it is only on account of the decision of obtaining clarification regarding the efforts made by ITGOA till date and to be done in future and to examine whether genuine efforts are being made for our just cause that we have requested our members not to take such a decision till a concrete assurance or helplessness is communicated by ITGOA leadership to take up our cause. However we shall have no option but to resign from the membership if the same lackadaisical attitude shown so far is continued and our grievance is not redressed at the earliest.
Your kind reply is sought within five days from receipt of this letter.
Regards,
Sr No Name of Officer Signature
The decision of the Supreme Court in the case of NR Parmar is around 2 years old . Its the fault of CBDT of not giving effect to it while deciding on the seniority.Moreover the decision shall have no effect on the promotion as there are no promotee Inspectors in the first consideration list for promotion as is evident from the list of Kerala and Gujarat. All the officers in the consideration zone should contemplate filing writ against the Chairman CBDT and UPSC for not discharging their duty and denying promotions .
Everything was fine till the NR Parmar judgement came. The interpretation of NR Parmar judgement has not been done by the department properly. NR parmar judgement should not be applied on a blanket basis. All the hu and ha only because of NR Parmar judgement!!
its the lethargic attitude of the ITGOA and CHQ due to which such a situation has arisen for which we are paying the price
ye to hona hi tha...jo dusro ke liye gadda khodta hai..wohi pehle usme girta hai..
It should have been done earlier. A nice step.
Since, the entry level qualification for Tax Assistant is Graduation with skill in computer operations, induction of new post Executive Assistant, expected to take higher responsibility without any experience is totally useless and may also be a wrong decision and wastage of governments fund.It is rather, the number of posts TA/Sr.TA/ITI/ITO be increased to the extent of the created post of EA. Hence, the created post of EA may be cancelled. Existing system of post distribution be followed for the betterment of our country.
ITGOA SHOULD BE DISBANDED IMMEDIATELY. CONSISTS IF USELESS SELFISH SELF CENTERED INDIVIDUALS
The agitators of ITGOA from different states may be inspired from the Order dated 5/6/14 promoting ITIs to ITOs in Kolkata. There it is seen that the promotion order is a PROVISIONAL one, apprehending certain changes which may take place in the Order at a later stage. It is seen that in the list of 18 ITIs promoted as ITOs, all are of Direct Recruit category. You may be surprised that no promotee ITIs got a single place in that list. What kind of rule have been followed is best known to them. This proves that at lower lavel/s no RIGHT-EFFECT of NR PARMAR verdict has been adopted at this state. I am not aware of what is being done at other states. Therefore, these Promoted ITOs as well as many other's case may fall in line of affecting the proposed ACs promotion. To me this is the main cause of disturbance of promotion to ACs.
ITGOA IS NOW AN EXTINCT ORGANISATION. VERY SOON A NEW ASSOCIATION IS LIKELY TO BE FORMED JUST WAIT AND WATCH.
Jo maal denga uska kaam hone. Sab se bada rupaiyaa. JAI HIND
As of now one has to appear for UPSC exam to get promoted main IAS central cadre frm the state cadre. Similarly ITOs shall hv to appear for UPSC limited department exam to become ACIT henceforth. Because all donkeys cannot become IRS and degrade direct IRS service. SO HENCEFORTH ITOs SHOULD START STUDYING N FORGET EARNING IF THEY WANT TO BECOME ACIT.
IT GOA - IS NOW.BOMBAY TO GOA.
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