Cir. No. 50/12-15 Dated: 15.10.2014
Dear Comrades,
The Secretariat of the Federation had its meeting, as scheduled, on 14.10.2014 at Manishinath Bhawan, New Delhi, chaired by Com President- Ashok B Salunkhe. The secretariat discussed the agenda items and the gist of the decisions is given below.
The Secretariat discussed the approach to the Quarterly Review Meeting with Chairman, CBDT scheduled to be held on 14.10.2014 at 4 PM and decided to focus on the issues already taken up with the Board and pending at various stages and seek resolution of the same at the earliest. It was also decided that if the authorities fail to settle the issues in a time bound manner, to embark on agitation to bring sanction on the authorities for settlement of the issues. The issues discussed and the outcome of the QRM are briefly mentioned in the draft minutes of the QRM, enclosed and hence not elaborated here.
The Secretariat reviewed the issue of the diversion of Cadre Restructuring Post to deficient circles in view of the reservation and apprehensions expressed by some circles. The Secretariat was unanimous that for the sake of unity and to mitigate the feelings of the members of the deficient circles, the issue has to be resolved immediately. The secretariat authorised the President and Secretary General to talk to the leaders of the circles who had expressed reservations at the earliest and resolve the issue and bring about unanimity before the matter is taken up with the Authorities.
All India Delegates Conference. The Secretariat was informed by the General Secretary NE Circle that preparation is going on for the next all India Conference at Guwahati. The Secretariat decided to request all Circles to raise to achieve the target of advertisement tariff collection and send them to the GS,NE Circles, at the earliest.
With greetings,
Yours fraternally,
(KP Rajagopal)
Secretary General
DRAFT MINUTES OF THE QUARTERLY REVIEW MEETING HELD WITH THE REPRESENTATIVES OF ITEF AND ITGOA UNDER THE CHAIRMANSHIP OF SHRI K.V. CHOWDARY, CHAIRMAN,CBDT IN HIS CHAMBER, NORTH BLOCK, NEW DELHI ON 14.7.2014 AT 04.00PM.
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The quarterly Review Meeting with the representatives of Income tax Emplopyees Federation (ITEF) and Income Tax Gazetted Officers Association(ITGOA) was held on 01.10.2014 at 4.00PM under the Chairmanship of Shri K.V. Chowdary,Chairman,CBDT in his chamber, North Block, New Delhi to discuss the issues raised by them. A list of the Officers of CBDT and representatives of ITEF and ITGOA, who attended the meeting is placed at Annexure “A”.
Agenda item No. 1. Immediate steps to finalise the All India seniority list of ITOs by issuing guideline and deadline to resolve inter-se seniority issue.
The Official side informed that the issue is linked to the implementation of DOPT Office Memorandum issued on the basis of Supreme Court Judgement in the case of Union Vs. NR Parmar. Board has referred the matter raised by the JCA for implementing the same in all cadres, to the DoPT. The reference from the DoPT is awaited and the deadline fixed for completion of the revision will not be insisted till then.
Item No. 2. Speedy approval of Jurisdiction proposals pending with the CBDT for immediate initiation of departmental functions for FY 2014-15.
The staff side requested for notification of jurisdiction as on one side the promoted Officials are kept idle and on other side the existing assessment units are struggling with heavy work load. The staff side demanded posting of officers kept as OSD to assessment units with concomitant jurisdiction. The Chairman informed that the Jurisdiction proposals have been approved and some issues of technical nature have been referred to Ministry of Law for their opinion. Since the new pattern is admixture of existing and new scheme, any adhoc method will bring only difficulties and informed to wait till the opinion of the Law Ministry is received.
Item No. 3. Immediate steps for approval of RRs of Group B & C for filling up of posts of RY 2014-15 and discussion on the amendments of IRS Recruitment Rules.
The staff side pointed out that due to the delay in the approval of the RRs by the DoPT, DPC Meetings and promotions are held up and demanded executive instructions on the lines of the proposed RRs submitted to the DoPT as done during the years 2001-02 and 2002-03 during last cadre restructuring. The Official side informed that the matter is being pursued with the DoPT and requested to wait for another month viz. till 15.11.2014. The official side also assured the matter will be reviewed on 17th Nov. 2014 for considering the alternative methods. In the case of IRS Recruitment Rules the Chairman directed the official side and staff side to sit together and sort out the gray areas. `
Item No. 4. Steps to get the approval of the long pending following schemes from IFU/DoE (6 air conditioners per Range: Laptop to Inspectors, Laptops to AOs/Ps, Replacement of Old Laptops, Mobile handsets to all etc).
The Official side informed that the the clearance of approval of 6 air conditioners from DoE is expected shortly. The IFU has cleared the proposal for laptop to Inspectors and the same will be sent to the DoE for approval. For other issues the CIT(C&S) shall pursue the matters with the Secretary (E) and JS,IFU for expeditious clearance.
Item No. 5. Constitution of a committee to consider amendments to the Transfer & Posting Policy for Group A Officers considering unique problems of promotee Officers.
The Chairman favoured written suggestions from ITGOA in this regard to be considered by the Board for incorporation than constituting a committee for this purpose.
Item No.6. Discussion on the effective date of DCIT promotion to 2009/2010 Barch DCsIT and retrospective effect of promotion from 1st January for 2006/2007 Batch DCsIT. Also discuss the issue of regularisation of adhoc JCIT for 2001 Batch retrospectively.
After hearing the representatives the Chairman desired the officials to start the process for holding DPC before 1.1.2015 for 2009 & 2010 batch Officers. The official side informed that reference has been made to Law Ministry for giving effect of promotion to 2006 and 2007 batch officers from retrospective date. The Chairman desired immediate initiation of process for regularisation of Adhoc JCsIT.
Item No. 7. Resolution of issue of promotion orders in Directorate( Delhi Charge ) and diversion of 1633 posts out of West Bengal Charge.
The Official side informed that on the issue of Promotion orders of Directorates, the Chairman had one round of discussion with the DG(HRD) DG (Admn) and ITEF. The contentious issue is with regard to the promotions of 48 persons. A meeting will be held with JCA next week to find out a solution. With regard to the Diversion of posts out of West Bengal Charge, the Committee will be reconstituted with the JS (Admn) as the Chairman with mandate of completing the process within one month.
Item No. 8. Proposal for increasing local travel reimbursement to Inspectors and Notice Servers.
It was informed that the Proposal put up with justification to the Board will be approved soon and the same will be submitted to IFU for its approval.
Item No. 9. Advance increment to Sr. Tax Assistants and Stgrs on passing Departmental Examination.
The Official side informed that proposal with further inputs is being put up to the Board for further action.
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OF
INCOME TAX EMPLOYEES FEDERATION &
INCOME TAX GAZETTED OFFICERS ASSOCIATION
A-2/95, ManishinathBhawan, Rajouri Garden, New Delhi-110 027
Email: itefcentral@gamail.com:
Tel: 98682 77455 & 89021 98888 Fax: 011 2510 5324
Joint Convenors
KP Rajagopal & Bhaskar Bhattacharya
No. N-1/M-12/2014
Dated: 29th Sept. 2014
To
The Chairman,
Central Board of Direct Taxes,
North Block,
New Delhi 110 001.
Sir,
Sub:- Implementation of the decision of the Hon’ble Supreme Court in the case of NR Parmar [CA No. 7514-7515 and others] -Request for amendments to the advisory Regarding-
Ref:` Letter in F.No. HRD/CM/220/14/2013-14/4275 dated 29.09.2014-
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This has reference to the above letter issued from the Directorate of HRD on the subject. We have been requesting the Authorities in formal meeting and through letters to issue clear cut guidelines for uniform implementation of the DOPT instructions in the matter of interse-seniority of direct recruits and promotes, after the judgement of the Supreme Court in the above case. Our request was based on the fact that the case before the Supreme Court itself was the product of various lines of interpretation adopted by the different CCAs, partisan attitude of the authorities and the neglect of monitoring the seniorituy list of Officers/officials periodically. On the directions of the Member (P&V),we have also fully cooperated in the two meetings held on 03.12.2013 and 11.12.2013 in finalising the “Advisory”.
On going through the above letter and the “advisory”, we are shaken and taken aback. Not only the “advisory” now circulated is arbitrary altered and curtailed but the contents of the letter are also incorrect and contrary to the facts.
In paragraph 3 of the above letter it is mentioned that “Minutes of the meetings held on 3rd December,2013 and 11th December 2013 in the course of consultation process have been circulated to all the participants. No dissent note have been received from the participants against the minutes of the meetings. We would like to bring to your kind notice that after going through the minutes of the meeting held on 3.12.2013, the discrepancy in item No. 17 of the minutes with regard to the applicability of the ratio of the Supreme Court order” was raised by the JCA as first item in the subsequent meeting held on 11.12.2013. In that meeting it was agreed to amend the minutes and accordingly a corrigendum to the minutes was issued vide F No. HRD/CM/220//14/2013-14/4150 dated 16.12.2013 amending the paragraph as under:
“The participants agreed that the judgement of the Supreme Court, though it is rendered in the case of Inspector of Income Tax, applies equally to all cadres where there are elements of both Direct Recruitment and Promotion for the purpose of Recruitment into the cadre”.
The position be so, in the present advisory ”it is mentioned against Col. 3 that the DoPT has advised that the NR parmar judgement is applicable to the post of Inspectors”, In this connection it has to be noted that the Advisory referred to the DoPT for their examination against the Col. No. 3 i.e. Is the NR Parmar decision applicable only to the post of Inspector?, the clarification is mentioned as “No, the SC decision applies to the Direct Recruit Upper Division Clerks and Tax Assistants also.
In reference to the above, the DoPT in Note DOR/F.No. 18012/26/2003-V&L/ DOPT Dy. No. 969484/CR/14 dated 30.1.2014, conveyed no observation or objection to the above item whereas further clarifications were provided in para 5 (a) to (f) on other issues.
In the General OM issued by the DoPT on 4.3.2014 in the wake of the Supreme Court Judgement in the NR Parmar case also the DoPT has not restricted its applicability to a particular cadre in the Income Tax Department.
Further on reference from the Income Tax Department, in note DOR F No. c.18015/37/2014-V&L/ DOPT Dy. No. 944370/OR/14 dated 01.05.2014, the Department as been advised in para 2 as under:
“In the specific context of Income Tax Department, wherein the inter-se seniority of Direct Recruits and Promotes have been under dispute on the ground of misinterpretation of the provisions of OM dated 7.2.1986, 3.7.1986 and has led to Parmar Judgement of Supreme Court, it is unambiguously confirmed that the entire issue of seniority of the offiers of Income Tax Department would have to be revisited in compliance of the judgement of the Supreme Court.”
From the above it is clear that the in the Department, the misinterpretation of the provisions of OM dated 7.2.1986 and 3.7.86 was not restricted to the cadre of Inspectors alone, the same interpretation was adopted for fixing inter se seniority of Direct Recruits and Promotees in all cadres. The Departments arbitrary selection of only one cadre for implementation of a general principle, in the name of a Supreme Court Judgement in effect is forcing every person in other cadre to approach courts. We, the officers and employees have already suffered losses of carrer progression and financial benefits due to various stands and instructions issued by the Board in the instant issue forcing the employees to seek legal redressal. As an organisation representing more than 95% personnel in the department, we cannot brook any more due to such stands being taken by the Department.
Therefore, changing the draft response to item No. 3 in the name of a non-existing advise from DOPT. viz. Is the NR parmar decision applicable only to the post of Inspector, from what was agreed and arrived with consensus by all stake holders is arbitrary and totally unacceptable to us. Therefore, we request you to immediately issue corrigendum to the present advisory to the effect that the response to point No. 3 is “No, the provisions of the OM dated 7.2.86 and 3.7.86 are applicable in all cadres where the elements of Direct Recruitment and promotion exists”. We are also constrained to inform your goodself, that our members will not be in a position to extend cooperation in the matter to the administration in implementing the directions contained in the above letter to CCAs until necessary amendments are carried out and conveyed to the Cadre Controlling Authorities.
Thanking you,
Yours faithfully,
Sd/ Sd/
(KP Rajagopal) (Bhaskar Bhattacharya)
Joint Convenors
Copy to All Circle General Secretaries of ITEF and ITGOA with a request not to cooperate with the administration in the task of revisiting the seniority of only one cadre until the above Advisory is amended as required by the JCA.
Joint Convenors.
എല്ലാവര്ക്കും ഇന്കം ടാക്സ്
എംപ്ലായീസ് ഫെഡറേഷന്റെ
ഓണാശംസകള്
Cir. No. 49/12-15
Dated: 01.09.2014
Dear Comrades
Meeting with Chairman by JCA Leaders.
The JCA leaders today had a brief informal meeting with the Chairman, CBDT Shri K.V. Chowdary. We, in a 9 point bullet presentation of our demands, requested for an urgent formal meeting with the Chairman and Officials of the CBDT. In response, the Chairman agreed to convene the meeting at the earliest convenient date, but also informed us the steps taken by the Chairman’s office in the following matters.
The following points which are pending at various stages and already discussed, have been presented in a bullet form for urgent consideration of the Chairman.
Confederation Programme. As decided in the National secretariat meeting of the Confederation held at New Delhi on 11.08.2014, taking note of the negative attitude of the Government on issues of Interim Relief and Merger of DA, has decided to embark upon agitation and called upon all the affiliates to carry out the programme chalked out in coordination with the State Units of Confederation. The Confederation HQ Circular dated 17.08.2014 is enclosed which is self explanatory and contain the Charter of Demands also. All the ITEF Circles are requested to carry out the programmes on 11th September, 2014 and 19th September, 2014 at all places as decided by the Confederation State Units. Wherever it is not possible to hold such programmes jointly, ITEF units/branches may be required to organise the programme independently in front of IT Offices.
Revision of Bonus Ceiling: On the demand of the revision/removal or ceiling for payment of Bonus in the Bonus Act, in tune with the demand of the Central Trade Unions and staff side of the Joint Consultative Machinery for Central Government Employees, the Secretary Staff Side has written to the Prime Minister of India to consider the removal/revision of the ceiling of the upper limit of Bonus payment. The copy of the letter of the Secretary Staff Side is enclosed.
With greetings,
Yours fraternally,
Sd/
(KP Rajagopal)
Secretary General.
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