CIRCULAR NO.4

 INCOME TAX EMPLOYEES FEDERATION

Manishinath Bhawan

A2/95 Rajourigarden

New Delhi-110027

Circular No. 4                                                                               Dated: 29.04.2015.

Decisions of Secretariat & JCA meeting held on 28.04.2015. 

The Secretariat Meeting of ITEF CHQ was held on 28.4.2015 at ITEF Delhi Circle Room, Civic Centre, New Delhi at 4.00 P.M under the chairmanship of Com.Ashok Kr. Kanojia, President, ITEF CHQ.

Under the First Agenda “Review of the programme of March to Parliament called by the JCM Staff Side” The Secretary General initiated and all the members of Secretariat participated in the discussion. After discussion it was ascertained that around 1750 members from ITEF participated in the  March to Parliament held on today i.e 28.4.2015. 

Under the Second Agenda “Review of the pending demands” the following issues were discussed.

1. Implementation of N.R.Parmar Judgment in all cadres and to conduct DPC for the panel year 2014-15 before August 2015.
2. To change the word ‘henceforth’ in the Advance Increment order. And whether to include O.S and Stgr Gr I.
3. Finalisation of Recruitment Rules
4. Instruction to conduct DPC for panel year 2015-16
5. Conversion of steno quota to ministerial for ITI promotion
6. Extension of relaxation for Inter-charge transfer
7. Merger of Staff Car Driver in the Main Stream

Under Organisational issues the situation arising out of the Lucknow Incident was discussed.  We are enclosing herewith a brief note on the incident that took place in the office at Lucknow on 31.3.2015.  The house registered its strong protest against the way the Department handled the issue.  Since the incident took place in the office premises, in spite of the repeated pleading by the JCA, the Administration has not taken any serious steps to bring about a conducive atmosphere for restoring normalcy in office and to cause discussion with the authorities in the Central Bureau of Investigation.   The Officials including the leaders of the ITEF and ITGOA and their family members are living in a horrified atmosphere.  In view of the above situation, the Secretariat decided to extend full support to the members and leaders of Lucknow Charge.

After the Secretariat meeting, the JCA meeting was held at the same venue.  The JCA mainly discussed two issues viz. the Lucknow incident and inordinate delay in holding the DPC for ITOs to AC for 2014-15 and supplementary DPC for remaining vacancies of 2013-14.   On the issue of Lucknow,  JCA unanimously decided to hold the demonstration programme under the banner of the JCA against the lethargic attitude of the Administration in the matter and to stand in solidarity with the members and leaders of the JCA in Lucknow Charge. Accordingly the Secretariat appeal to all the Circles to hold Lunch Hour demonstration on 6th May, 2015 in solidarity of the leaders and members of JCA of Lucknow Charge.

On the second issue of already delayed promotions  to ITO to AC and other Group B & C cadres, diversion of posts lying vacant in Inspectors for want of eligible candidates in Stenographer cadre and finalisation of Recruitment Rules as per report of the Sub-committee etc.  The JCA decided to hold Lunch Hour Demonstration on 14th May, 2015.

The Secretariat also decided to vigorously peruse with the authorities all other pending issues and important issues drawn after discussions in the XXIX All India Conference at Guwahati.

All the Circles are required to carry out the above two programmes under the banner of JCA at all places.  The JCA circular is being sent separately.

With greetings,

Yours fraternally,

 Sd/

(Rupak Sarkar)

Secretrary General.

Brief note over the incident that happened at the premises of Income tax office, Lucknow on 31.3.2015.

The limitation for completion of assessment proceedings under the I.T. Act normally expires on 31st March, every year.  Due to this stipulation 31st March is almost 24 hour working day in Income tax Department with cent per cent attendance of officers and Staff.  31st March, 2015 was no different and Lucknow offices of the I.T. Department were functioning in full swing.

CBI seems to have planned to execute a vigilance trap were on 31.03.2015 of an Income tax Officer, who appears to have indulged in the corrupt practice of demanding money for doing favour from an assessee. Besides the officers and employees, the office was crowded with a number of assesses, their authorised representatives, Chartered Accountants and their Assistants and many others on the crucial day.  The CBI did not however, deem it necessary to inform of their plan to the Head of the Department or to any other Senior officers of the Department either after the execution of the trap or thereafter. 

Some of the employees who were not aware of the CBI plan for effecting a trap mistook their action as manhandling of one of the officers, who had the assessment charge, by the assessee or his henchmen.  Having heard of the unsavoury incident, quite a number of employees and other visitors to the office assembled in front of the chamber of the concerned officer.  The CBI Inspectors on seeing the assembly of a sizeable crowd in front of the room of the officer locked the same from inside which unfortunately gave birth to further fury and anger to the assembled crowd of people.  They attempted to push open the door under the mistaken impression that the assessee and his henchmen were manhandling the officer.  It was only when the local police reached the spot, the real picture emerged and the crowd got disbursed immediately, who were assembled in anxiety to protect one of their colleague officers.

Thereafter the CBI filed an FIR against the officers and employees of the I.T. Department alleging that they had been indulging in obstructing the CBI to carry out its legal functions.  The local police took immediate cognisance of the FIR filed by such a prestigious organisation, the CBI and began to arrest and harass the employees especially at the lower levels and the Union leaders, whose names were taken from the Name board placed in front of the Union office.  The actions pursued by the local police under the influence exerted by the Senior officers of the CBI.  It must be stated unambiguously that the commotion and chaos in the office on 31st March, 2015 was due to the mistaken identity.

In the background of the above mentioned facts, it would be clear that the incident was the product of mistaken identity.  In the circumstance, it is prayed that the appropriate direction may please be issued to CBI to bring about an amicable settlement to this issue. 

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MARCH TO PARLIAMENT

DELHI  CHALO !

28TH APRIL 2015

FIVE LAKHS CENTRAL GOVT. EMPLOYEES MARCH TO PARLIAMENT.  CLARION CALL OF JCM NATIONAL COUNCIL STAFF SIDE FOR SETTLEMENT OF TEN POINTS CHARTER OF DEMANDS. INDEFINITE STRIKE IF DEMANDS ARE NOT SETTLED BY GOVT. RAILWAY FEDERATIONS, DEFENCE FEDERATIONS AND CONFEDERATION OF CENTRAL GOVT. EMPLOYEES AND WORKERS WILL SPEARHEAD THE NATIONWIDE STRUGGLE.

INCOME TAX EMPLOYEES FEDERATION

Manishinath Bhawan

A2/95 Rajourigarden

New Delhi-110027

Cir. No. 3/15-18                                                                       Dated: 31st March,2015.

Dear Comrades.

Oral evidence before the VII-CPC

            The VII-CPC has given a meeting to the Income Tax Employees Federation for presenting oral evidence on the demands canvassed in the JCA Memorandum on Departmental Issues.  Accordingly, to day, the 27th March, 2015 the following representatives of JCA tendered evidence before the VII-CPC at 10.30AM.

            Com. Ashok Kr. Kanojia, President, ITEF,

            Com. Rupak Sarkar, Secretary General, ITEF,

            Com. KP Rajagopal, Ex-Secretary General, ITEF,

            Com. Bhaskar Bhattacharya, Secretary General, ITGOA.

We, while thanking the VII-CPC for giving us the chance for this presentation, reiterated that on all common issues, we fully endorse the memorandum submitted and evidence tendered by the JCM Staff side.  Further we confined to the following issues specific to the Departmental personnel.

1. Pay Scales of Income Tax Officers: We pleaded to maintain the parity of scales of Income Tax Officers and similarly placed Officers in the Audit & Accounts Department, as the parity existed till the VI-CPC has been disturbed in the recommendation and implementation of the VI-CPC report.  The similarly placed Officers in the Audit and Accounts Department are now placed in PB-2 with grade pay of Rs. 5400 while the Income Tax Officers are placed in the same pay band with grade pay of Rs. 4800/- for no ostensible reasons.  The Commissions response to this was appreciative and positive.
2. Pay Scales of Inspectors: Our submission was mainly to maintain the parity of scales with the Inspectors in IB and CBI which was prevalent till 5th Pay Commission.   The same was disturbed by awarding a higher pay scale to the Inspectors in IB & CBI by V-CPC.  Though after 2004, the same was restored by the Government, the restoration was not considered by the VI-CPC.  Again the parity was restored by the Government on our persistent efforts.  Therefore, we pleaded to recommend the same pay scale for the Inspectors of Income Tax which is proposed to be awarded to the Inspectors of IB & CBI.  The Commission assured us that the present parity will not be disturbed.
3. Tax Assistants: Our submission was that till V-CPC, UDC/TA in the Department was on the same pay scales as that of Auditors/Accounts in IA& AD and other Accounting organisations.  From 2003, much after the implementation of the V-CPC report the pay scale of the Accountants/Auditors who are recruited by same agency with same examination are provided a higher pay on their postings to the Audit and Accounting organisations while others posted in the Department of Revenue are placed at a lower pay scale.  We urged that the pay of the Tax Assistants in the IT Department may be given the same placement scale that is being proposed for Auditors/Accounts in IA&AD.  The point was well taken by the commission.
4. Notice Servers: Being an uncommon category in the Department akin only to the Postmen in Postal Department, we urged the Commission to maintain the parity with the pay scale proposed to the Postmen in the Postal Department. The commission indicated a positive note.
5. Staff Car Drivers: Our submission for merger of SCDs in the Department with the mainstream cadres as on the policy of the Government, a large number of drivers are vehicle less and unoccupied  was not initially agreed on technical ground that the Department or the Government should take a decision.  On our further submission, the Commission indicated to make a reference of this point too.

Once again the representatives thanked the commission and urged to consider all the submissions made by the JCM staff side on pay and allowance and service conditions. 

Advance Increment on passing ITI Examination. On our demand, though the CBDT moved the proposal  for extending  the advance increment to Sr. Tax Assistants and Stenographer Grade II (old), the Department of Expenditure did not agree.  On our persistent demand, especially in the wake of DoPT and Department of Law concurring with the decisions of the Central Administrative Tribunals decision to grant the facility to the individuals who resorted to this course, the CBDT in the meeting held on 22ndDecember, 2014 agreed to take up the issue further.  On the reference by the Board the DoPT and DOLA advised to implement the decisions of the Tribunals and Courts in similar cases only.  Our further demand placed and discussed in the QRM dated 11thFebruary, 2015 and on our query whether the DoPT and DoLA and all concerned want the entire similarly placed employees should resort to litigation and get the equitable justice, the Chairperson and Member (P&V) categorically assured that all out efforts will be taken to get the nod for generalising the benefit to all similarly placed employees.   Our further persuasion at all levels and the sincere efforts made by the Chairperson and Member (P&V) the said benefit has finally been extended to Sr. Tax Assistants and Stenographer Gr. II(Old). We sincerely thank all the members who stood with us patiently for quite long.

Departmental Examination. The CHQ leaders had a meeting with the DIT (IT) in the matter of Departmental Examination on 30.03.2015.  After discussion and taking into account various aspect, both the side came to the understanding to hold the Departmental Examinations in the first half of July,2015.  On our request for simplification of syllabus, it was also assured that necessary steps will be taken by the Directorate to simplify the questions and improve the pass-percentage.   It was also assured that our request for a lenient view on the candidates who require only one mark to get fully qualified will be sympathetically considered.

Recruitment Rules. The Directorate of HRD has  convened a meeting on 30.3.2015 to discuss various issues raised by the DoPT on the RRs submitted by the Department.  One of the observation of the DopT was to make the condition laid down in the model RR for Executive Assistant(GP Rs 4200) that the residency period of the feeder cadre (GP 2400)  has to be 10 years.  We have categorically and forcefully objected to take away the existing benefit viz. three year qualifying period.  We have also objected to the suggestion of the DoPT to make mandatory training for promotion to certain cadres.  We have placed our stand that we are also for mandatory training at all levels and more frequently, but putting it as a condition for promotion cannot be accepted.  The Directorate considered our views and assured us that these points will be stressed further without any compromise.

Implementation of NR Parmar Judgement & DoPT Instructions.  In the background of the delay in implementing the instructions of the Board on the subject and problems brought out by certain Cadre Controlling Authorities, the DG(HRD) convened a meeting with the representative of ITEF and ITGOA and Addl. Commissioner(HQ) from certaion charges on 30.3.2015.  The meeting was chaired by Shri Krishna Saini, DG(HRD).  In the meeting we have also noticed that some of the Charges like CCIT,CCA,Bangalore are still having the opinion that the revision has to take place from top to bottom i.e. from ITI to down below whereas the true revision as per the spirit of the CBDT instruction to correctly determine the seniority,has to be  the revision from the bottom.  The point was made clear to all and it has been decided to revise the seniority of the cadres where the element of both DR & PR  exists accordingly.  It was also decided that  progress of implementation and revision of seniority list of all such cadres will be monitored by the Authorities every month.

With greetings,

Yours fraternally, 

(Rupak Sarkar)

Secretary General.