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 !
27 comments:
Wow
NRP eh ? Once again ?
Cbdt has issued any instructions as such type till date, if yes please update.
Article 377 was already implemented followed by CBDT since inception.
be it Parmar, Promotion to ACIT, Cadre Restructuring or simple matter like ICT.
CBDT should be chosen to receive the Nobel Prize for Confusion for the millennium.
Is cbdt issued any instructions in this regard.
Good. DRs are getting seniority before their birth. Few were not even graduates on the date of their seniority. Better late than never
Ha ha ha !!!
How one can get seniority before his birth.
This is right time to CBDT atleast to rectify the mistake committed in respect of promotee cadre employees having three fourth strength. Golden opportunity has come to respond immediately at least by seeing sister department act under the same ministry.
This is right time to respond CBDT atleast now to realise the mistake committed in respect of promotees
Ha ha ha
NEW ICT POLICY
May I know what cadre you are talking about. Then I will be in a better position to reply to your query
Without even knowing the om properly jumping on the conclusion, it only fixes the date where seniority was a settled issues,in case of direct income tax inspector it was never a settled issue.it is applicable retrospectively other wise it will leave the people who faughtthe case to get the benefit honbale court case judgemnet which will be absurd.
PR should file a case in CAT should start the legal battle against the Said OM when Apex court ruled that it should be implemented prospectively. ...it crystal clear that things are managed at higher level by DR's
OM ! OM !
For Person taking ICT, it's a curse..
How? Can u please explain!
Like this.........
please the explain the seniority:::----- In one situation X and Y were working in Chennai. X is senior to y. Both were selected for ICT to Odisha. Accordingly they were relieved from their duty in one order and directed to join within a month. After five days from date of relived order y joined in West Bengal. Subsequently after ten days from relieved order date x joined in West Bengal.---- My question is that in the new West Bengal region who will be senior.
For making theM CIT
Senior will be NRP
Not CIT but PCCIT
Y is senior. Coz till now as per cbdt 14.05.90, ict's senior starts from d date of joining in the new charge.
@Pradeep: Assuming it as WB charge, Y will be senior to x as he joined early. Anyway, this issue is being sorted out by CBDT. Wait for new ICT RULES
In your query, you have stated that x and y are selected for ICT to Odisha, and they have joined in West Bengal in different dates, Now you are asking about who is senior. Very fun... Sir.
Anyhow, as per seniority issue in ICT, your seniority starts from the day you actually join in your new charge. Your previous service has no role to determine your seniority in new charge.
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