CHq circular no. 36 dated 13-12-2013

INCOME TAX  EMPLOYEES  FEDERATION

     Manishinath Bhawan A/2/95 Rajouri Garden,

New Delhi. 110 027.

www.itefcentralhq.org  email: itefcentral@gmail.com

Cir. No. 36/12-15                                                            Dated: 13th December, 2013.

Dear Comrades,

Secretariat Meeting on 12.12.2013 and decisions:

The Secretariat of the Federation met at Civic Centre (Pratyaksha Kar Bhawan) New Delhi on 12.12.2013.

The first agenda taken up for discussion was the report of the Sub-Committee No. 1 on Cadre Restructuring of the Department.  The Sub- Committee was mandated to suggest the allocation and jurisdiction of the additionally created posts sanctioned by the Union Cabinet on 23.5.2013.  The synopsis on the basis of a cursory study of the Sub-committee’s report which contained 215 pages was discussed in detail.  It was found that the basis adopted for allocation of the posts by the sub-committee was not on a realistic basis and far from practicality.  Further the Committee has not accepted any of the parameters suggested by the ITEF.  The allocation made and submitted by ITEF on the basis of the formula adopted in the Working Committee Meeting was totally rejected by the Sub-Committee.   Therefore the Secretariat decided to have a thorough study of the report of the sub-committee vis-a-vis the proposal of the ITEF and take up the matter with the CBDT to register our objections and settlement.

Attitude of the CBDT towards our issues.  The much awaited Quarterly Review meeting was convened by the Chairperson on 22.11.2013 and as has been informed in Circular No. 33, the meeting did not take place as we were told that the Chairperson is having some other meetings.  Only three issues were then discussed with the Member (P & V).  Withdrawal of instructions dated 15.10.2015 and issuance of uniform guidelines for implementation of the Supreme Court Judgement;  Staying the order of stop payment to casual labours  in the light of the Principal Bench CA Tribunal’s  order  among other things. And the next QRM was, in consultation with the Chairperson  fixed for 09.12.2013.  On both the above issues promises were laid out by the Member (P&V) to do the needful at the earliest.   Due to the inaction on the part of the authorities as assured, utter confusion is prevailing in the Department as various CCAs have initiated implementation of the Supreme Court order without clarity and on their own interpretations.   In the case of the poor casual labours they have been driven to litigations and those labours working on the strength of the stay granted by the CATs are denied their wages.

Even on the reconvened QRM on 9.12.2013 these two issues were again subjected to discussion as no action whatsoever was taken by the Authorities as promised.   Other than this only one issue which was out of the agenda item was discussed viz. the proposal of the Board to send requisition for Direct Recruitment of the personnel to SSC from out of the additionally sanctioned posts.  The ITEF objected to this as the authorities to determine the Direct Recruitment Quota in the Group B and C cadres are the CCAs.  This can be done only after allocation of posts among the CCA charges and all efforts should be made to get one time relaxation for Regional recruitment of Cadres of MTS, TA, NS etc. to fast track the induction of man power.   On this issue also it was agreed by the Official side that the proposal will be kept in abeyance and all other options will be explored as suggested by the ITEF. No other item of agenda could be discussed, as the Chairperson, once again informed us about an urgent meeting with the Finance Minister and left the meeting without discussing other items.   The issues   listed in the agenda were of paramount importance to us.  Many of the demands were accepted by the then Chairperson in the QRM meeting held on 22.2.2013 and earlier.  But not a single one has been got approved from the competent authorities or implemented by the concerned Officials.  The quarterly Review meeting was convened after a long gap from Feb. 2013 and on our relentless demand. The delay in convening the meeting to discuss and resolve  the pressing problems of the employees , the attitude of  the chairperson in not attending  and leaving the meetings without full discussion and not implementing the assurances  laid out, clearly indicate the triviality in which the issues of the employees are considered by the authorities.

Due to the above situation created by the lethargic attitude of the authorities, the employees are suffering on various counts viz.  denial of benefit on promotion to OS/Stgr.  Cadres and recovery resorted by the Accounts Department; agony and sufferings of the Casual Labours, Total stoppage of promotion due to various CAT/Court orders, etc.  Taking into consideration the overall situation, the Secretariat was of the opinion that unless sufficient sanction is created through agitation, the authorities may not consider the resolution of issues concerning the employees seriously and implement and execute the already agreed and settled issues.  Therefore, the Secretariat calls upon all Circles to lodge our protest against the attitude of the authorities by holding Lunch Hour Demonstration on 18th December, 2013 at all CCIT Centres and submit a memorandum to the Chief Commissioners seeking their intervention in the matter and request the Authorities at CBDT level to seriously hold discussion with the representatives of our Federation and settle the issues at the earliest.  The Secretariat also authorised the CHQ that if no improvement is noticed, to decide upon further serious agitation programmes.  Accordingly, we request all Circles to carry out the programme at all CCIT centres as the first phase of our agitation and submit the memorandum (draft of which is separately sent) to the CCITs on mass deputation.  The Items on which immediate settlement is required and slated for discussions in the called-off QRM are listed below.

Confederation Programme of Action on 15 point Charter of Demand.  The Secretariat decided to call upon all circles to implement the programme chalked out by the Confederation on the 15 point Charter of Demands as communicated in Circular No. 35 in coordination with the State COCs or ITEF separately.

March to Parliament on 12.12.2013. The March to Parliament for which call was given by the All India Trade Unions and Confederation was a big success with massive participation of workers from all over the country.  A big contingent of Confederation volunteers from Delhi and neighbouring areas participated and graced the event.  The ITEF presence was showcased with about 300 volunteers from Delhi, UP (East  and West) North-West Region, Rajasthan, Tamilnadu, led by the Secretariat members.

Implementation of Supreme Court order:  Two meeting between the DGIT (HRD) and other officials from the officials side and representatives of ITEF and ITGOA had taken place on 3rd December, 2013 and 9th December, 2013 to find out the modalities and instructions to be issued to CCAs for implementation of the order of the Supreme Court in respect of fixing inter-se seniority in a uniform manner.  In the meetings broad understanding was reached on various points including mandatory implementation of the same in all cadres where Direct Recruitment exists and also to set up task force in all charges to fast-track the process.  The meeting also decided to issue the required instructions at the earliest to the CCAs.

               With greetings,

Yours fraternally,

KP Rajagopal

Secretary General.

 

Items in the agenda

Present Position

Allocation of additional (created in the Cadre Restructuring) Posts of Group  B& C cadres  and holding of DPCs.

 

Immediate Implementation  after settling  the issues arising out of the report of the Com. No. 1 on allocation of posts and other Sub-Committees.
Financial Benefit on promotion to Office Superintendants and Stenographers. Letters to DGIT (HRD) requesting to get approval from the competent authorities and issue necessary orders.Letters dated 11.011.2013  & 05.09.2013 
No progress seen till date.

 

Advance Increment to Sr. Tax Assistants & Stenographers on passing Departmental Examination. Letters to DG(HRD) on 28.3.2013 with further justification. Further request made vide letter dated 19th August, 2013.No proposal seems to have been made to the DOE

 

Re-arranging the duty list of MTS. To implement the assurances given in the  PGRC Mtg.  held on 04.06.2013,

 

Provision of Six Air Conditioners per ranges. Sanctioned by the Board in 2012- and submitted the proposal after approval of the RS & IFU to Dept. of Exp.No further progress known

 

Finalisation of Recruitment Rules  and Filling up of Vacancies in Departmental Canteens. Taken up with DGIT (HRD) through letters dated 20.12.2012, 05.6.2013 and 29.8.2013.In the QRM dated 22.2.2013 “the Chairperson directed the DGIT (HRD) to finalaise and submit the same for approval of the concerned authorities within two weeks” Further  directions were issued in the PGRC mtg held on 4.06.2013: “The official side agreed to issue instructions to all CCAs at the earliest. 
No Action seems to have been taken till todate.

 

Provisions of mobile Hand Sets to All personnel in the Department. After the last QRM dtd. 22.2.2013, the board approved the proposal in the month of March 2013.No further progress known

 

Proposal for Laptops to Inspectors approved by the Board. After the last QRM dtd. 22.2.2013, the board approved the proposal in the month of March 2013.No further progress known

 

Enhancement of Local Travel Expenses to Inspectors and Notice Servers equivalent to the cost of 50/30 liters of petrol. After the last QRM dtd. 22.2.2013, the board approved the proposal in the month of March 2013.  As required by the IFU further justifications were also given by ITEF.No further progress known 
 
 
 
   
Stoppage of payment to Daily Paid/casual labours who are engaged and working in the Department continuously for years. For no reason the Payment to Casual labours was stopped vide Boards instructions dated 13.5.2013. This Fed. took up the matter and demanded withdrawals of the instruction by letter dated 15.6.13. The poor employees have been dragged to various courts and CATs- Stay obtained-CAT Orders not being honoured- No payments are made. The Member (P) Assured in the mtg. dated 22.11.2013 to consider the Stay granted by the Principal Bench of CAT.  But the V&L, instead, asked all CCAs to take action on the basis of CAT Jabalpur Bench order.

 

Amendment to the provision of Permanent Grievance Redressal Machinery. As desired by the Member (P) Brief note submitted on 14.6.2013- Since Full Board decision is required, a decision may be taken at the earliest and proper functioning of the Forum be restored.

 

Complete stoppage of promotions to Group B & C Posts on stay of various Tribunals/Courts due to delay in finalization of decision on the Supreme Court Order in the case of Union & Ors. Vs. N.R.Parmar & Ors. To issue unambiguous instructions to CCAs as to how to implement the SC order with regard to inter-se seniority as has been requested by us in our letter dated 21.10.2013 and restrain various sections of CBDT from issuing different instructions/views and issuance of clear instruction to implement the same in a uniform manner.

 

One Response to CHq circular no. 36 dated 13-12-2013

  1. D S Durganand says:

    Respected Comrade,
    It is my privilege to convey my gratitude to the ITEF for fighting unstintingly for cause of our beloved poor daily wage workers who are rendering services since so many years. It is beyond doubt that without these people the offices cannot function in any respect. These are people who are upkeeping office neat and clean, assisting us in smooth carry over of office duties. I am regularly watching and to appreciate to your goodself that in the Mehasana All India Delegate Conference, ITEF placed the issue under Common demand at sl no.2,4 & 9 and given priority under departmental issues. Now these people are very much annoyed with their future, by hearing gossips.
    Comrade, I would like to reiterate that the circular issued by the department and the perception of the department is not correct because the very nature of duties are exactly what the MTS is doing. In para -2 of OM dtd.10/11/2008 it was mentioned “……………since most of these persons are being engaged against non-existent posts, it also constitutes a financial irregularity, in so far as wages being paid to persons recruited otherwise than through constitutionally laid down recruitment rules without duly sanctioned posts”. So our people were attending duties of MTS which are existing posts, wages paid is around Rs.7,000 where as regular MTS draw around Rs.20,000 i.e one MTS salary being drawn by THREE daily wage workers. Hence there is no financial irregularity.
    Comrade, perhaps you are more knowledgeable and having determination to do justice to them. Even than as I am getting a lot of help from them it made me to put forth my request to see that these people under any circumstance get it absorbed. Kindly give priority to the matter(concern) and to clear all hurdles coming over from different angles and I am very much confident that beloved Com. Rajagopalji will succeed this endeavour and come out with colours. This will be biggest ever success of ITEF. I may be excuse for causing inconvenience.
    Long live ITEF ………… ITEF Zinadabad. Comradely yours – D S Durganand, VIzag. (19th Dec.2013)

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