INCOME TAX EMPLOYEES FEDERATION
Manishinath Bhawan A/2/95 Rajouri Garden,
New Delhi. 110 027.
Telefax. 2510 5324; 2593 7462
Circular No. 19 Dated: 02.04.2013.
Supreme Court order in UOI Vs. N.R.Parmar case- Clarifications-
The Central Headquarters have been receiving Stereotyped representations of individual members from various parts of the country mainly from Directly Recruited Inspectors accusing the ITEF being biased against Direct Recruits and requesting for immediate implementation of the above Supreme Court Order. It all started from 28thMarch, 2013 after the CBDT issued instructions to the Cadre Controlling Authorities to promote personnel from ITI to ITOs based on the panel drawn by the DPCs held in 2012. From 28th March, to till date (2.04.2013) 33 stereotyped representations have been received. During the last two days lengthy and accusing SMSs are also being sent to the CHQ (both to the President and Secretary General) and more than 141 such messages have been received during the last 24 hours. From the contents of the stereotyped representations and text messages, it is apparent that the members have resorted to such type of protest on a misconceived notion or misinformation being spread by somebody or the stand of ITEF on this matter communicated in Circular No. 14 dated 7.2.2013 after the Central Working Committee Meeting held at Puri, has not been understood in acuity. It is felt that to remove the discontentment of such members; we must be little more explicit on our stand. Therefore, the content of the above circular in this regard is reproduced and further clarification is given below.
Agenda Item No. 2 (a)
“Upshot of the Supreme Court judgement in the matter of inter-se Seniority between Direct Recruits and Promotees: The Secretary General informed the house the stand of the Federation taken in the above Sect. Meeting that the Federation is neither against nor in favour of the said judgement as the Government (DOPT and DOL) has to take a final decision on the matter. The Federation is to get the decision of the Government correctly implemented by the Department and deliver justice to all the members without prejudice to the interest of any member. Further it is also the stand of the Federation that till a final decision is taken by the Government on the Supreme Court Decision, no DPC meeting or promotion should be withheld. The Federation will take up the issue with the authorities to conduct all DPC Meeting and effect timely promotions”.
Further, the following points are also made here in this context.
- There is no basis for the charge that the Federation is biased against Direct Recruits- as all its members are Directly Recruited to the Department in one post or other viz. Gr. D (MTS),LDC,NS,TA,ITI etc.
- The Department (CBDT) is not the final authority to decide the implementation of any order of a High Court or the Hon’ble Supreme Court, as all such verdicts on service matters have to be referred to the DOPT before implementation and the final decision with regard to acceptance or otherwise, is taken by the Government in consultation with the Ministry of Law and Ministry of Personnel. At the most the Department can implement, being the Verdict of the Supreme Court, only in the case of the appellant/respondent.
- In case the Government in its wisdom decides to implement the same, it is a wrong notion, that the ratio of the judgement will be applicable only in the case of Inspectors. Being Supreme Court order, the same will be applicable across all cadres in all the Departments.
- The DOPT in its interim opinion in the case of promotion to the cadre of ACIT, has conveyed that if the ratio of the Judgement is accepted and implemented, the seniority lists of all cadres have to be revised from the year 1986 which may take years together. Till then neither functions of the Government nor promotions can be stopped and therefore, regular DPCs can be conducted subject to revision on the basis of the final decision of the Government on the said Judgement.
- In the light of the above and receiving reports from various circles that either DPCs are not being held or promotions are withheld on the ground of the said Supreme Court Order, even though no such direction was issued by the CBDT, the ITEF took up the matter. The ITEF is not aware or interested to know whether directly recruited or Promote Inspectors are getting promotions. Its only interest is to get timely promotion to its members without delaying it for years together.
The Circle General Secretaries are requested to reach out to all such members in particular to remove their confusion by explaining them the above position either by holding general meeting or circulating the contents of this circular, if possible in regional dialect also.