Friday, July 17, 2015

CAT Ernakulam Bench stayed promotion of ITOs unless seniority list is re fixed as per NRP

The Honble CAT vide its Interim Order dated 11.06.2015 have directed the UOI not to make any further promotion based on the Final All India Seniority List of ITOs as on 01.01.2009. 
Till now only Ahmedabad, Guwahati and Lucknow charge prepared the revised seniority list of ITOs as per NRP judgement. CBDT asked all other charges to expedite implementation of Parmar judgement so that all India seniority list of ITOs can be prepared for further processing of promotion process of ITOs to ACIT which is long overdue.
Click here for the CBDT communication dated 16.07.2015 

17 comments:

Anonymous said...

ALL ICT ALL SPORTS QUOTA ALL COMPASSIONATE ALL DATA ENTRY OPERATORS ALL EMPLOYMENT EXCHANGE ALL SPECIAL QUOTA APPOINTEES GET READY TO BECOME

" BAJRANGI .BHAIJAN "

AND FIGHT FOR CORRECT IMPLEMENTATION OF NRP RAJEEV MOHAN ROTAS RENU KUMAR AGRAWAL AND OTHER JUDGEMENTS SIMULTANEOUSLY.

Anonymous said...

What CAT eranakulum wants is that the list should be prepared strictly as per the decision of N R PARMAR and not by any whimsical means just to suit certain corrupted elements in the department who dream to become CIT one day or some day.

SCOOTY CANNOT BECOME MERCEDES.

Anonymous said...

Mirchi lagi wo bhi Hyderabad ki. Ha ha ha.......

Anonymous said...

All employees whose entry to Income Tax Department through Direct Recruitment are bound to come under NRP case.

No where it is mentioned that it is not applicable to DR ICTs.

If, the ICTs are deprived of getting such benefit, then it will be highly in-justified to them also one way it is to be considered as contempt to Supreme Court.

Anonymous said...

ICTs of DR category shall lose the period of service rendered in their old charges because they have submitted an under taking that they will not claim over such period as seniority in the new charge as per ICT guidelines.

but

what's about the period from the day of advertisement of that particular post to joining in the Income Tax Department due to NRP.

By which order that period will be ignored for counting seniority of ICTs or simply that will not be counted for seniority , Kindly, comment on this issue.

Anonymous said...

Bhai sahab hyderabad me NRP implement honewali hai ya nahi ?

Andhra high court ne CAT hyderabad ka order khareej kar diya tha.





Anonymous said...

ICT mai zero se seniority start hogi, N R Parmar ka koi roll yaha nahi rahta hai.

Anonymous said...

CAT CHANDIGARH ON 17TH JULY HAS ORDERED THAT SENIORITY FIXATION OF INSPECTORS SHOULD BE STRICTLY AS PER THE RECRUITMENT RULES 1969 ONLY. N R PARMAR DECISION APPLICABLE ONLY WHEN CLEAR CUT VACANCIES REPORTED AND NOT TO ANY TOMMY OR HARRY DR ITI.

Anonymous said...

N R parmar ka decision n R parmar ko bhi lagoon nahi hota.

Anonymous said...

Honble SC has clear order & CBDT also has issued advisory . In ur views Mr. July 19, 10:52 PM , Honble CAT is going against SC.

Anonymous said...

Mr July 20 2.15 pm SC has ordered to give seniority only in gujarat case and not all. Secondly only in those cases where direct recruit vacancy arises in a particular year where intimation is sent to SSC or cbdt then advt appears then exam is held in that year only then and then only seniority to DR is to be given and not enmass. No carry forward or backlog posts or later exam.

That is what CAT is directing which means that while implementation of NRP there should not be contempt of the judgement. Advisory of DOPT OR HRD is not above SC judgement. Every body knows how CBDT or HRD functions. Granting of dual seniority us contempt if NRP.

Anonymous said...

Right brother, hum to dube sanam aap bhi dhubo, ye hal hai.

Anonymous said...

Why ITEF opposing the videography of departmental examinations? Last year in Delhi morethan 95% qualified for the departmental examination. How it is possible when in other regions the pass percentage is below 10%. To protect the malpractice, the ITEF opposing the videography of the examinations. CBDT should not yield to the gundagardhi of ITEF.

Anonymous said...

Yes it is 100% true.

Anonymous said...

Videography to bhaut phale se hone chaia the appreciable effort from cbdt and sky sir keep cheaters away from mehenat karnay walo sy last years delhi key result cancelled mana Jay to accha ho

Anonymous said...

The Gujarat Hihg court in the case of NR permar held that Direct recruitee gets his seniority from the date of joining. On this basis, the Allahabad High court in ther case of Rajiv Mohan an inter charge transferee joined at Kanpur from Goa held that Rajiv Mohan is senior to that of Arvind kumar Trivedi a Direct Recruit inspector who joined after Rajiv mohan in Kanpur.

Not agree with the said ruling, Arvind kumar trivedi filed SLP against Rajiv mohan.
In the mean while, the Union of India filed SLP against NR permar especially about the clarification of 3.3.2008 OM. The Supreme court held that 3.7.86 OM is over riding effect on 3.3.2008 OM and more this 3.3.2008 OM is clarificatory in nature and not in ammendment held ab-initio on 27-11-2012.

After one year in 2013, the Supreme court has dismissed the petition filed by Arvind kumar trivedi a Direct recruit inspector of Kanpur charge and upheld the order of the Allahabad High court and ruled that Rajiv mohan is senior to Arvind kumar trivedi becuase he joined earlier to the DR. what is it mean. It meant the Direct recurit and inter charge also gets their seniority from the day they have joined .
Since, this Supreme court ruling has come after NR permar decission and by the time of revisiting seniority, the CCIT has to consider this ruling also.

Next the ADRP vacancies of 2002-03 to 2005-06 with a combination of additional manpower created in the department have given requisition to SSC at a stretch in February 2007 and by that time, the SSC selection process has been stopped much earlier to this. Even SSC has warned the CBDT and HRD to give seloect list from the stopped recruitment process of 2005 notification that it may leads to legal complication but our CBDT and HRD has not worried about this and given appopintment to the reserve lists.

Defintely it is a wrong policy adopted by the department by not providing equality of opportunity to those who have completed graduation in the year 2006 and 2007 as they have lost opportrunity to appear for exam.
Next with regard to seniority, these vacancies will falls in CARRY FOR4WARD VACANCIES ( Because the ADRP vacancies pertains to 2002-03 to 2005-06 ie 4 years how it can be held as pertains to one year ie 2005. definitely not. Next with regard to additional manpower created in december 2006 and February 2007 for this no examination was conducted as held in NR permar.

1000% guarantee that the appointees of inspoectors who came from 2005 notification joined in 2008 never gets seniority retrospective and at the most they have to put enblock below all the promotee of 2008 . Why becuase they have been called as filling up of future vacancies from the previous selection process..

With regard to rider it may increase or decrease in the notification - it means that inter chargee, surplus, compassionate and sports quoita will normally occupy the DR quota and these can be filled up before the DRs have joined in the department and to the extent available vacancies of DRs, the rider says that it may increase or decrease.. The foremost thumb rule is No recruting agency could appoint beyond advertised vacancies that what the supreme court has ruled in 100 number of cases.

Unknown said...

The parmar case should equally applicable to intercharge people.In cbec the intercharge transfere are geting seniority just bottom seniority ofthe batch in which they selected and not bottom of all.for example if intercharge transferre belongs to 2010 batch them he will be placed just below 2010 batch only not latar

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