View the ITEF circular in this regard which is self explanatory. As per the circular, Board yet to finalize the allocation and hopefully to conclude the discussion next week. Chairperson assured to hold talk with ITEF to reach an amicable solution.
regarding implementation of Parmar issue, DOPT asked CBDT for law ministries approval and so the earlier order of CBDT is kept in abeyance till now.
Read the full circular for more details.
"Cir. No. 40/12-15 Dated: 14th Feb. 2014
regarding implementation of Parmar issue, DOPT asked CBDT for law ministries approval and so the earlier order of CBDT is kept in abeyance till now.
Read the full circular for more details.
"Cir. No. 40/12-15 Dated: 14th Feb. 2014
Dear Comrade,
We thank you very much for the great efforts undertaken by all of you in carrying out the month long agitation of non-co-operation action against the nugatory attitude of CBDT in settlement our long pending demands. We were informed by our circle secretaries of the tremendous participation of our members in the black flag demonstrations and walk out organised at the time of visit of the Board authorities to the State capitals and elsewhere. These actions had its salutary impact even though some of our circle could not carry out the programme as effectively as others.
The undersigned along with Com. President had met chairperson and Member(P&V) today. In the matter of allocation of posts, the Chairperson informed us that the internal discussions in the Board are yet to reach finality. She has indicated that the said discussions might be concluded during the next week, where after, the issue will be subjected to discussion with ITEF to reach an amicably agreed proposition.
In view of the directions of DOPT to refer the clarifications on implementation of Supreme Court Order in Union of India & Ors vs. N.R.Parmar & Ors. to Law Ministry for their approval, the Board has decided to keep the earlier instruction in abeyance. Also since the CAT principal Bench has stayed the Board’s order stopping payment to daily rated workers, the Board will issue appropriate orders in the matter.
In the light of above discussions and conclusions we may advise you to suspend the ongoing non-co-operation movement for the time being but be prepared to recommence the same at short notice.
With greetings,
Yours fraternally,
(KP Rajagopal)
Secretary General"
69 comments:
the only demand of ITEF is not to implement the NR PArmar and nothing else and just think who is supreme, CBDT, SC, ITEF ....
Very good some sensible work by CBDT after a long long time.
So finally the ITEF has proved to be an association of the lowest entry level employees.
So the middle rung colleagues keep contributing for their cause....
At last some hope of positive attitude.
Salute to our ITEF.
-Akhilesh Srivastava.
Lucknow
It is evident from SSC2005 that vacancies newly created and approved by the cabinet at the end of 2006 (mini cadre restructuring)has been added in the 2005 selection process (otherwise these vacancies should have been included in SSC2008) .1986 OM can not be implemented as directed by SC from the date of SSC notification i.e, from 2005 in this case because the posts itself is created at the end of 2006 and intimated to SSC in 2007(may be simillar situations in earlier years as well). Under these circumstances, It is quite natural to refer the case to Law ministry and the remedial measures sought. If required the matter may be taken back to SC asking what is supposed to be date for fixation of seniority in the above said circumstances i.e., inclusion of newly created posts by cabinet at the end of 2006 (intimated SSC in 2007 ) and included in selection process of 2005.
this long agitation was only for discussion of CBDT with ITEF.....
What step will ITEF take for playing role/participate in seat allocation. Will CR implementation complete within December 2014
Has even seniority of Gr C at all level been completed by each CCA level and it been communicated to the concerned employee for representation if any.
N R PARMAR is a case specific matter applicable to only DR of 93 94 n not universally. If some immatured n penny wise newcomers want this applicable then they r fighting a loosing battle n wasting time and "easy" money n day dreaming. History is an example numerous decisions like NRP hv come n gone but things hv dragged on and on and on. Now file will go to DOLA n after that it will go to HRD then it will go to DOPT then it will go to HRD n then again to DOLA in the meantime some witty nitty promottee will file a PIL or writ or petition in some court - taking his clue some more will file in some other courts - then stay - adjournments (tariq pe tariq) (circus) then chairman retires - minister changes, etc , etc. And so on and on and finally INQUILABH ZINDABAD. so when will the seniority be finalised - after third world war ?!!
Probably it will be the last week for seat allocation and instructions regarding implementation of parmar case and another issues.
Now if the delay in allocating charge wise post, then it must be by CBDT only.
Great...
Now could you sir, please obtain necessary instruction from CBDT on 3% promotional increments to OS immediately.
as after Cadre Restructuring there would no more OS posts in Income Tax Department.
Please help all the remaining OS posts.
Now if the delay in allocating charge wise post, then it must be by CBDT only.
DOES MR. RAJGOPAL KNOW WHAT IS THE CCONTENTS OF THE CIRCULAR HE IS ISSUING. WHY IS HE SO CONCERNED ABOUT CONTINGENT EMPLOYEES. IS ITEF WORKING FOR GROUP C OR CONTINGENTS. IT APPEARS HE HAS MADE A DEAL WITH THEM. WHAT IS THE DEAL BOSS. SIMPLY QUIT THE POST USELESS -----.
Nothing going to be happen in next week. We have seen this cat and mouse game since july 2013. CR will be implemented on Dussera time this year(if it is to be implemented). Upto that time they will discuss !
IRS officersonline scroll shows tat the chairperson will not b available on 14th and 17th, then too the leaders met the chairperson, is the circular just an eyewash, and wat have we managed to get so far, its really a ver big question mark for all of us??????
are itef, cbdt boss of sc. Poor fellow! all dr inspectors should resign frm itef
why should dr inspectors bel part of an organisation which always works against them. I appeal to all dr inspectors to resign frm itef immediately.
Post allocation at board level is complete. File is before revenue secretary for approval . Long live itef
"Dr. Sudha Sharma, Chairperson, CBDT will not be available for meeting with members of the Income Tax Family on 14th (Friday) and 17th (Monday), February, 2014." This news is flashing in the website of IRS Officers, Which type of game is playing ITEF with the employee of the department.
It is totally eyewash,No CR, sirf time nikala ja raha hai,28th Feb tak, Ye ek agreement ke tahat ho raha hai,aap sabhi dekhte jaoo inka kamaal,aapne Kabhi socha hai jo netartave karte hai unki promotion hone hai?
Another lie....another eyewash effort...... all the ITEF CHQ. leaders should be awarded Phd. for their restless effort of making fool the it employees across the country Boycott these leaders(cheaters) in every circle.....remember they are few, but we are many...i am 100% agreee with Mr. sreekumar..thank u..keep posting
Dear CHQ Leaders, Bakwas band karo, Bewakoof na banao....... Sach batao.............. Ab sach sunne ki shakti aa gai hai ham logon me........
Why so much hue and cry on parmar issue.There is no need to create it a DR vs PR issue. The matter of seniority amongst DR and PR has already been decided by the Hon'ble SC. upto the extent it is applicable to whom will be decided by board or various CATs as filed by 2005 batch. It is sue that seniority of DR will not be from the date of actual joing as the clarification 03/03/2008 has been quashed by Supreme court, but how it will be decided is to be seen and CBDT will issue clarification in this regard. DRs and PRs should not make it a personal issue.what will be applicaple, will be applicable to all uniformly throughout the india.
Dr. sudha sharma is going to retire on 28/02/2014, i am sure that she is not interested to solve this complicated issue. she understands that this effects his further retirement posting. so i hope Shri tiwari will solve this issue at the earliest. keep watching.keep patience..............
Dont day dream about refixing seniority.
Basic data requirement to implement NR permar case are
1.Vacancy of the year was identified in the same year and in the same year the said vacancies were requisitioned to CBDT and the said vacancies were notified to SSC in the same year and finally, the SSC has advertised the said same vacancies in the employment news/official gazzette in public domain in the same year.
2. The above mentioned requirements has to be ascertained from 1986 on words in all cadres.
3. To implement this , the exercise should be taken both from the administrative side and from the SSC side.
4. Cases of seniority already decided (prior to issue of this O.M. dated 3.3.2008), with reference to any other interpretation of the term `available’ as contained in O.M. dated 3.7.1986 need not be reopened.
5. As such, if any identical issue was found exact matching with the conditions mentioned at S.No.1 , then such candidates is falls within the judgement of NR permar case and the rest of any , the DoPT OM dated 3.3.2008 is applicable and no specific direction is required from DoPT is necessary.
6. Whether if some states are not followed the principle laid down by Supreme court since 1986, and now to change the seniority after doing all the exercise as mentioned at S.no.1 it will leads to immoralise the employees by unsettling the settled issue for the past 25 years and more over whether the revenue can give promotion to a retired employee after doing exercise this.
7. In my opinion, the honorable Supreme court has not brought out any new issue in the case of NR permar and more it has clarified the DoPT OM dated 7.2.86 and 3.7.86 by linking with the advertisement of vacancies. that means, the vacancies identified, notified, and advertised in public domain all should fall within the same year. In such a situation, the period of selection process has to be treated as delay attributable to the department but not the candidate.
Hence, my sincere request is do not misuse or mistaken and do not take undue advantage by interpreting the words that every direct recruit will get seniority from the date of notification without born in the respective department. The honorable Supreme court has dealt this issue in several cases, that without born in the respective department, even notional seniority could not be given since promotions are based on the ACRs. How the ACRs will be drawn and certified by the authorities to those who are not born in the department.
Thoughtful opinion but if some of our authorities consider it
Itef is Biased toward DR. It seems that its only goal is to derail the sc judgment in any manner. We are the member of itef, but this association treated us stepmotherly. Its high time, we DR unite and quit the itef and give the promotees a fitting reply. Never give up brothers, we will win.
Dear friend do not cross your limit, if u can't respect ur elder ,how do you will get respect from your juniors. Pls Express your view but not at the cost of others dignity.
In the coming cadre restructure, one new post is being created ie EXECUTIVE ASSISTANT. There was no clarity whether it is combination of DRs and promotees or only for promotees. If for promotees are to be merged in the cadre from a diferent feeder cadres how a seniority will be fixed. At this juncute Division Bench of the Hon ble Punjab and Haryana High Court in Union of India vs. Mohan Singh, 1999 (2) SCT, 553, has held that a person in a lower scale cannot be treated as senior to a person in the higher scale.DoPT OMs 1985 and 1988 are to be implemented while merging the cadres from a different pay scales and also the Supreme court decission has to be followed. Hari Om Verma Vs. State of Punjab, 1996 (4) SCT, 244 in which it was held that inter se seniority shall be determined by the dates of their continuous appointment and if the dates of their appointments be the same, one drawing higher scale of pay shall be senior to the other, if the scale of pay drawn by them be also the same, the older shall be senior to the younger. My request is these things may be brought to the doPT and CBDT before passing uniform guideliness to the cadre merger from different feeder cadres into oneie EXECUTIVE ASSISTANT.
There are so many complications in cadre restructuring like as allocation of post, parmar issue etc. Cbdt has solved about 90 percent of these problems. It is expected। that the rest 10 percent will be solved in in this week with the। consensus of itef
Ye w w w ke shaukin CHQ ke neta hame bewkoof samjhte hai.inhe sabak sikhana hoga.hame ekjut hoker inka pardaphas karna hoga.meri sabhi charge ki circle gen.secy. se anurodh hai ki wo CHQ neta logo ke khilaf no confidence motion laye aur inhe delhi se khader de.
Tharikh pa tharikh, mili magar post allocate nahi hue,hai iswar kya hoga absolute frustrating
Also ....suppose if a Dr is already employed in some other dept. How can he or she claim double seniority. I think the notification itself is a mistake.
Bhai sahab abhi tho suruwat hai ( this is just the begining ) let mr. Gadkari become FM n his advisor mr. Ramdev then just see where u all will stand.
Only making us fool and there is no cr
ITGOA using ITEF strength for own interest. No need JCA.
-Akhilesh Srivastava
Lucknow.
DR inspectors behaving like a junior IRS officers. Most of them don't know the work of the department and doing only time passing work in the office and making nuisense to co-workers by always talking Parmar case and CR implementation. Let them first do their duty and ask for their rights.
Earlier HRD and now DOPT has washed its hands of this issue n put the onus on DOLA. Now on whom DOLA will entrust this dirt cleaning. Poor DRs. May they R I P
If PRs have such good knowledge, then why not a single CCIT(CCA) able to follow the DOPT seniority OM of 1986.
They are following seniority as per their wish
DoPT OM of 1986 is only being implemented in dept. Supreme Court held in PRs favour in Parmar case. DRs should first read the order.
why there is hue & cry for CR. if all the officers and Staffs are working in regular time of 5 day a week the major work in the department can be finished with in the time and T B assessments can be completed by DEC itself.No extra allocation is required Everybody wants promotion by somehow not thinking of whether deserve it or not. majority of the collection comes through advance tax only. Eligible officers/staffs are not getting the deserved promotion. No consideration for merit and hard working. 'Goda aur ganda' are considered same for promotion. DR ITI consider themself as extra intelligent Inspectors and wants their seniority from the date when they not even thought of which department they are going to join at the time of appearing SSC exam. it is just like that admission of a baby is seeking for LKG before birth not knowing whether it is male or female. These IRS inspectors never think that their all efforts will be nullified when their turn for promotion to ACIT comes.why this kolaveri kolaveri collegues?
this is something right think in this way but no body should comment on effiency of officials.
Heard that ITO will have to pass the exam conducted by UPSC to become AC...In line with IAS and IPS....8bn our deptt most of the ITO are illiterate. .will they pass?in future becoming IRS will be next to impossible
Bank union, inform all its members, prior to meeting with competent authorities, all details like agenda, date time etc and then also they intimate all details of the outcome of the meetings through SMS and net etc. But most of us don't know, when our leaders are going to meet with CBDT, what is the purpose of such meeting. Suddenly we came to know that so and so happens. No one have any information more than that. If this is the attitude of ITEF, be sure its going to collapse in a very near future. Either ETEF changes their way of work or the others will surely do.
when N. R. parmar will be implemented most of the PRs will be declared ad-hoc as there was a clear cut supprrestion of DR vacancies by applying para 2.4.4 of O.M. 03/07/1986. One should not join if no vacancies are repoted for recruitment. The PRs are occupying the places of DRs. Jab baccha peda hi nahi hone doge to wo badega kaha se. It was a conspiracy against DRs for a long time and it is still continue. The proof is that none of CCAs is maintaining the vacancy register and DR vacancies are either not reported or suppressed vacancies are reported. All PRs know that but they have generated a right that all the vacancies should be filled by promotions only and in this unjust work both unions ITGOA/ITEF are suppoting. The situation has reached that even LDCs/stenos are thinking to retire from DCIT/JCIT as they are occupying the places of DRs. Shame to them and they call DRs as egoist or mini IRS or bla bla bla but PRs are a group of only unjust people.
सिंपल इनकम टैक्स के पास अब कोई कम नहीं रह गया है, सप्ताह में एक बार केवल एक बेकार की सुचना दे देते हैं और फिर खामोश हो जाते हैं' हम सब को आपस में लड़ाने की ITEF की यह एक चाल है, साथियों समझो और अपने विवेक से काम करो.
Dear sir, plz do needfull for the daily rated workers, becoz they r in problm, but nobody wants to do anything for daily wages workers, everybody interested only own self matter, so plz sir kindly pass any sufficient order for regularization of daily rated workrs who have been appointed before december 2008.
Please read OM of DOPT of 2008 dear DR. Yr point stands explained. U will get seniority from date of actual joining that is final.
please go through the Supreme Court judgement on n r parmar, if you can understand, you will find that your contention is totally incorrect
none of our so called `LEADERS` ( OF ALL THE 3 ASSOCNS) know or have any say in any of the dept matters. it is decided as per the whims and fancies of cbdt. but once cadre restrcring is implemented, all will stake their claim. nothing but humbug.
0
om of 2008 is declared as non-est mean not in existence hence seniority if any maintained as per that om is quashed and seniority recast is a must now without that even if CR will be declared no promotion can be enjoyed. all taxman be aware no body is above supreme court. further if any body think that DRs are creating nonsense in the office by discussing on parmar issue and doing no work my statement will be an eye opener for all PRs who desire to get promotion plz pressurise union for early implementation other wise we can wait for more years but PR will retire in a year or two without promotion if n r parmar will not be implemented as CAT stay is not going to be vacated without implementation of n r parmar
Due to ban on recruitment imposed by the BJP government and followed by the successive governments, 1/3rd vaccancies were deemed to be abolished and 1/3rd vacancies were kept in abeyance. Vacancies that were more than one year were deemed to be abolised. This history should be borne in mind by the Hon. DR ITIs when they are fighting for Parmaar case and only in the year 2007 around 7000 posts were created in this department after continuous struggle by the ITEF to fill up the vacancies. Now these unloyal fellows criticizing the ITEF by whom the would not have got this posting.
the controversy started between DR and PR from the DRs who have joined in the department in 2008. Their plea is they have been recruited from the 2005 employment notification given by the Staff Selection commission. The facts of the NR permar case is totally different from the facts of the 2005 notification. The CBDT has created additional posts of Inspectors in November 2006 and the CBDT has sent 813 posts requisitioned to SSC in February 2007. At this juncture how the SSC has recruited 813 candidates from the 2005 notification. SSC should not fill up future vacancies on its own . Next in the 2005 notification SSC has advertised only 5 vacancies. That shows irrespective of the vacancies with the department, but advertised only 5 posts. No Recruiting Agency in India is permitted to recruit candidates beyond the advertised posts as it violates the Article14 and 16(1) of the constitution of India and the entire recruitment process is ILLEGAL and those illegally recruited candidates has to be removed from the service instead they are claiming the seniority from the date of notification 2005 by blackmailing the CBDT and the association and indirectly forcing the DoPT to issue directions to the CBDT to implement NR permar case. If Supreme court or High court has taken up the Staff Selection Commission work since 2005 the real picture starts. No Government recruiting agency is empowered to recruit candidates beyond advertised vacancies. The honorable Supreme court in 20 cases has dealt this issue and quashed the recruitment and those have been removed from service even after completion 10 years.
supreme court judgement bhari par raha hai cbdt ko kayoki departmental promotion rok ke dr bhar diya ab kitni vacancy thi kitna bhar diya hisab karna ya dena bhari par raha hai
Unadvertised posts and surplus posts cannot be given seniority my dear sir. This is blatant violation of constititional provisions. Very soon the excess recruitment of 812 will hv to be scrapped by govt. Wait n watch. Forget seniority refixation till doomsday.
Immatured DR lacks legal knowledge. If the OM is declared non est it is applicable only for that particular case n not as a whole. How u will work as an ITO without having common sense.
100 percent correct.
Once hundred ten per cent correct.
DR ITIs of 2008 batch are in hurry to become ITOs by taking the Parmaar case in their favour. But parmaar case will not of any use to them as some comments mentioned in this blog is correct as the vacancies arised only in the year 2007 and not in the 2005 as they claim. They are going to wage a waste battle at last.
CBDT vide its letter dated: 15.10.2013 has directed CCAs to take remedial action for those who are suffered due to Non-implementation of 1986 guidelines issued by DOPT. Respected PRs please go through that letters which summarizes everything in a single para. DRs selected through SSC may be inexperienced but no body can question their ability as they have passed with top merit in second toughest public service exam (after IAS) conducted by SSC in three stages amongst 8-10 lakhs candidates.
The Direct recruited Incometax Inspectors who are joined in the department since 2008 through the staff selection commission are advised to go through the recent Supremecourt ruling in civil appeal no.979 of 2014 dated 12-02-2014 . It is land mark judgement, where in the Honorable Supreme court categorically discussed about illegal recruitment and its validity and warned the Recruiting agency who ever it may be including the Chief justice of Supreme court of India could not appoint candidates/judges/any category of employees in excess of the advertised vacancies in the Public domain ie employment news and atleast in two largely circulated daily news papers and ruled that including Chief justice could not violate the fundamental rights under article 14 read with article 16 of the constitution of India as equality of opportunity had to be given to all otherwise irrespective of the service rendered by the appointees have to be removed from the service though it is not fault of the cnadidates. hence, all DRs are requested to withdraw their appeals from the courts and request the CBDT to give their seniority enblock below the promottees of the particular year of their joining as their appointment may be called as future vacancies were filled up by the SSC.
Selection process in govt. Services is a process of elimination since 8 to 10 lakh cadidates apply for some thousand posts. When vacancies are more in a particular year more candidates get post as per his or her preference with higher grade pay. It doesn't mean that candidates not selected for higher grade pay posts or not selected candidates are unfit. Govt.recruiting agencies conduct open competitive exam by declaring qualification, age, number of posts to be filled etc there by giving equal opportunity in employment to all its citizens subject to reservation policy as per constitution. When recruiting agency recruited 800+ candidates for advertised posts of 5, it is utter violation of constitution. It is quite natural that more candidates apply and prefer the post which have more number of vacancies. That means recruiting agency failed to keep openeness/transparency in 2005 recruiting process which need to be cancelled in toto.
My foot
The supreme court of India in civil appeal No. 979 OF 2014held that the advertisement must specify the number of posts available for selection and recruitment. The qualifications and other eligibility criteria for such posts should be explicitly provided and the schedule of recruitment process should be published with certainty and clarity. The advertisement should also specify the rules under which the selection is to be made and in absence of the rules, the procedure under which the selection is likely to be undertaken. This is necessary to prevent arbitrariness and to avoid change of criteria of selection after the selection process is commenced, thereby unjustly benefiting someone at the cost of others. Further it held that Even under the Constitution, the power of appointment granted to the Chief Justice under Article 229 (1) is subject to Article 16 (1), which guarantees equality of opportunity for all citizens in matters relating to employment. ‘Opportunity’ as used in this Article means chance of employment and what it guaranteed is that this opportunity of employment would be equally available to all. This judgement is applicable to the Staff selection commision,the recruting agency is voilating the article14 and 16(1) since 2005 onwards. As SSC is advertising less number of posts and recruting in larger number of candidates. That means back door appointments
We have to file a case for removal of illegally recruited 2008 batch candidates in 2005 notification citing recent judgement by the Supreme Court. These illegally recruited batch got stay of promotion orders citing Parmaar case. Now we have to teach them a fitting lesson. These DRs think themselves as over smart and demands seniority before they born in the department.
The work of having them dismissed has already started. Just have patience.for These immatured DRs will write their own death warrants.
Why the ITEF is keeping quiet on the latest Supreme Court judgement in Civil Appeal No.979 of 2014 dated 12.02.2014? Since the unloyal fellows of DR 2008 batch ITIs stalled the DPCs in many states so many persons retired without getting their promotions before their retirement. So these illegally recruited ITIs should be thrown out immediately without any further delay.
With Supreme Court passing the order on 12.2.2014, N R PARMAR order has become defunct as per opinion of senior legal professional lawyers. Apart many other issues, one of the decision is "no advertisement no recruitment" and filling up excess posts without informing prospective candidates is like cheating them. So recruitment of 812 ( 817 - 5) candidates is illegal even if the candidates are not at fault ( pl read supreme court order very carefully). Therefore the recruitment of 812 posts for 05 06 and also 360 posts for 06 07 of ITIs in government service is ultra virus the Constitution of INDIA. this recruitment tantamounts to cheating and misguiding prospective candidates intending to appear for SSC Exam in the year 2005. ALL ITEF COMRADES R REQUESTED NOT TO HAVE OR SHOW MERCY TO THESE ILLEGALLY RECRUITED ITIs as their main intention to become RICHIE RICH quickly at the cost of senior employees and taxpayers. For them earning revenue for government is non existence. REMEMBER those who dig graves for others eventually fall into their graves. GOD IS GREAT. LONG LIVE HONOURABLE SUPREME COURT.
Illegally recruited ITIs cannot be admitted as ITEF members. ITEF cannot fight for their cause because this would be contempt of supreme court order dt 12.2.2014
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