Dear comrades,
Questions have been posed from many quarters as to the decision to conduct the DPC as per old RR . Some other members have sought reasons for having delayed the DPC till December. Since there are some diametrically opposite opinions and confusion over this matter, it is felt that a clarification is in order.
The DPC was delayed as the administration in Kerala had taken a stand that the promotions can be made only after amendment to recruitment rules as the merged cadre of Executive Assistant had come into existence as per the cadre restructuring notification of MoF issued in May 2013. The ITEF, in fact, had requested the CCIT to conduct the DPC in the month of May itself, a copy of which can be downloaded from this site. Our Secretary General too had expressed his doubts as to whether the DPCs could be conducted as per the old recruitment rules, when this issue was posed at the time of his attendance at our Executive Meeting held at Thrissur in June 2013. At that period of time we were very much hopeful for an earlier orders of implementation of cadre restructuring and amended Recruitment Rules. Moreover, the number of vacancies till the month of October were meagre. This issue was discussed at length and breadth in the Delegates’ Conference held at Thrissur in November. The Secretary General who attended that meeting informed that the promotions as per old RR were being conducted in many charges as there was no order from CBDT banning the DPCs. Considering this, the Conference unanimously decided to request the CCIT to conduct DPCs and issue the orders in the month of December itself. The Secretariate members of the ITEF met the CCIT and demanded for DPC. To start with, the CCIT opposed our demand. But, with our persistence, we were able to impress upon the CCIT the loss being suffered by the Gr. C employees. Finally, sensing the mood of the ITEF to even embark upon agitation, the CCIT instructed the Addl. CIT[Hq] to look into the possibility of conducting the DPC.
As per reliable information, the CCIT has approved to conduct DPC for the RY 2013-14 in such a manner that all the vacancies are filled in the month of December itself. It is further learnt the DPC will be conducted in the third week of the month of December and that the orders will be issued most probably by 20th of December.
Fraternally yours
GS
The above case was originated in Maharashtra in 1981 and later in Shivaprasad Pipal vs.UOI & others the Supreme Court upheld the principles arrived at. I had given a submission to the Board, CCIT, Cochin and also to ITEF along with the copies of order, against the merger of DEOs with mainstream cadres during restructuring in 2001 – 2002. As per the above orders, the seniority position of the DEOs must in the last bench. But here, even the senior-most TA had to sit behind the DEOs -This was the reward to ministerial cadres by the restructuring in 2001 – 2002. But nobody, including the mainstream cadre employees or the ITEF agitated against this. The merger taking place in the ensuing cadre review also is totally against the Supreme Court judgement (merging of Stenos with STAs to form EAs). WHO IS HERE TO QUESTION ?????! By the proposed merger, three promotion avenues are open to the stenos – ITI,PS & AO. Wonderful ??
It is held by Supeme Court in the case of Sureshkumar Nayak 2013 (1) SCC (L&S) 420 dated 25/11/2010 that:-
Where there were regularly constituted similar cadres in the different integrating units, the cadres will ordinarily be integrated on that basis but where there were no such similar cadres, following factors would be taken into consideration in determining the equation of posts: (a) Nature and duties of the posts (b) Powers exercised by the officers holding a post (c) the minimum qualifications, if any, prescrbed for recruitment to the post and (d) the salary of post.
In such a case, wheher merging of cadres is possible ?????
The reasons for postponement of DPC still exist. So DPC must not be convened for promotion to non existing cadres from non existing feeder cadres, as cadre review had already been notified by the Department in May, 2013. Otherwise, the department could have conducted DPC from May itself. This will affect almost all who suffered in 2001 cadre review who have put in 25 years of service. If DPC is conducted now, some people will definitely be benefited, but many others who had waited for long years for promotion( who were deprived of advance increments, ACPS etc.) will be losers AGAIN …..
Status reports reveals:
” ….administration in Kerala had taken a stand that the promotions can be made only after amendment to recruitment rules as the merged cadre of Executive Assistant had come into existence as per the cadre restructuring notification of MoF issued in May 2013….”
“…… Our Secretary General too had expressed his doubts as to whether the DPCs could be conducted as per the old recruitment rules, ….”
Now whaat is the status old or new recruitment rule