Once again the Parmar issue has come into focus ! Seniority between DR and Promotees are again in question. This time CBIC (Formerly CBEC) issued a direction regarding fixation of inter-se seniority. In this direction, it is clearly mentioned that Supreme Court judgement in the Parmar case has to be implemented with effect from the date of judgement, i e 27.11.2012.
View the CBIC Order
View the Supreme Court Judgement on N R Parmar
It may be recalled that after the N.R. Parmar judgement, DOPT issued an O.M. dated 4.3.2014 where it clearly instructed to implement the Apex Court decision with effect from 27.11.2012 and already settled seniority prior to that date need not be reopened.
DOPT O.M. dated 4.3.2014
But in Income Tax Department all pending seniority lists where there is a component of Direct Recruit exists, were reopened and refixed, which is contravention to the Supreme Court judgement , as well as DOPT instruction dated 04.03.2014. CBDT has done this in consideration of DOPT clarification issued to Income Tax Department where it was specifically confirmed to revisit the entire issue of seniority in this Dept.
View the DOPT clarification to Income Tax Dept
Anyway the matter is live again after the recent circular from CBIC !
View the CBIC Order
View the Supreme Court Judgement on N R Parmar
It may be recalled that after the N.R. Parmar judgement, DOPT issued an O.M. dated 4.3.2014 where it clearly instructed to implement the Apex Court decision with effect from 27.11.2012 and already settled seniority prior to that date need not be reopened.
DOPT O.M. dated 4.3.2014
But in Income Tax Department all pending seniority lists where there is a component of Direct Recruit exists, were reopened and refixed, which is contravention to the Supreme Court judgement , as well as DOPT instruction dated 04.03.2014. CBDT has done this in consideration of DOPT clarification issued to Income Tax Department where it was specifically confirmed to revisit the entire issue of seniority in this Dept.
View the DOPT clarification to Income Tax Dept
Anyway the matter is live again after the recent circular from CBIC !
