WARM WISHES
TO ALL OUR MEMBERS
FOR A HAPPY
AND
PROSPEROUS NEW YEAR 2012
Friday, December 30, 2011
Saturday, December 10, 2011
Promotion order to the post of ITO issued
Promotion at last!
As assured by the CCIT, promotion order to the post of ITO, which was delayed due to litigation has now been issued. While congratulating the members who have been promoted as ITO, we also thank all our members for standing solidly behind the ITEF with renewed confidence and studied understanding of the whole situation.
The promotion to the post of ITo will result in consequential promotion in the lower cadres also. Let us resolve to stand united to fight many more battles in the days to come for a better future in the department to all of us.
With greetings,
Yours fraternally,
Ravindran B Nair
General Secretary
Monday, November 28, 2011
Appeal issued by the ITEF(CHQ)
Monday, November 28, 2011
Circular.No.13
INCOME TAX EMPLOYEES FEDERATION
Manishinath Bhawan A/2/95 Rajouri Garden,New Delhi. 110 027.
Telefax. 2510 5321; 6543 1807
President: K.P. Rajagopal. Secretary General: Ashok B Salunkhe
Cir. No. 13 Dated: 25.11.2011.
Dear Comrades,
You must have come across a circular issued by the All India SC-ST Employees Welfare Federation to their members, which has also been placed on their website. It has been alleged that ITEF and all other service Associations/Unions have failed to protect the interest of the SC-ST employees of the Department and have asked the SC/ST employees to resign from the primary membership of Associations/unions. In sofar as ITEF is concerned, we must tell with all emphasis at our command that the said allegation is untrue especially the one that states that ITEF is opposed to the formation and functioning of SC-ST Welfare Associations. The ITEF firmly believes that the reservation policy advocated by the political leaders in our country and enunciated in the Constitution was not only a right initiative but also a progressive step to bring about upliftment of certain segments of Indian society who were oppressed for centuries. We have endeavored to ensure that what is decided by the Govt. of India i.e. the political authorities are implemented by the bureaucracy. Our functionaries at all levels have abided by this policy. We consider that resignation of any individual from the primary membership of ITEF will weaken the organization and will consequently strengthen the hands of the authorities.
ITEF is a trade union and functions democratically. We are proud of the fact that despite divergent views, it could over the years bring into existence a monolithic movement of employees below the level of Officers and functions as such for several decades now. We have not and we could not afford to make any distinction or discrimination in the name of Caste, Religion, Region, Language, Gender etc. In its development as a militant and strong Trade Union movement of the employees, immense contribution has been made by all sections of employees and undoubtedly the SC & ST employees have played a great and significant role. The SC-ST employees of the Department have both in the past and presently adorn leadership positions in the ITEF.
It is the sense of belonging that integrates the members of a trade union and makes it the binding force. It should be our endeavour to eradicate any misgivings be it real or perceived for we cannot afford to have even a slight disfavor from any of our members. We therefore appeal to our leaders and cadres at all levels to meet the employees especially those belonging to SC-ST , explain the basic tenets of ITEF as a democratic Trade Union and ensure that our unity is not disrupted through desertion, dissention or disinformation.
Yours fraternally.
Sd/
(Ashok B Salunkhe)
Secretary General
Tuesday, November 15, 2011
Promotion to the post of ITO
Income Tax Employees Federation, Mumbai Circle
Promotions to the post of ITO
On the issue of promotion to the post of ITO, we met the CCIT on 15.11.2011 and requested him to expedite the matter and fill up all the vacant posts immediately. The CCIT has assured us that promotion orders will be issued within a week's time.
General Secretary,
ITEF, Mumbai.
Dated: 15.11.2011
Dated: 15.11.2011
Sunday, November 13, 2011
Bombay High Court decision on Writ petition on own-merit
: 1 :
wp.8986.2011
vss
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.8986 OF 2011
Union of India & Ors. .. Petitioners
V/s.
All India Income Tax SC/ST Employees
Welfare Federation & Ors. .. Respondents
Mr.Om Prakash Jha with H.V. Kode I/b The Law Point for the
Petitioners
Mr.Rahul Walia for the Respondent No.1
CORAM: B.H. MARLAPALLE &
SMT.NISHITA MHATRE, JJ.
DATED: NOVEMBER 8, 2011
P.C.:
1. We have heard the learned Counsel for the petitioners and the
petitioners’ challenge to the order passed by the Central Administrative
Tribunal on 3.8.2011 allowing the Original Application No.76 of 2011, in
our considered opinion, has no substance.
2. In the first round in Original Application Nos.825 of 2010 and
762 of 2010, the present respondents had approached the Tribunal
seeking directions to implement the DoPT O.M. dated 10.8.2010 so as
to redraw the seniority of the petitioners who were otherwise belonging
: 2 :
wp.8986.2011
to the reserved category but came to be selected on the basis of merit
cum seniority. By a common order dated 5.1.2011, the Original
Applications were allowed. However, the present petitioners thereafter
claimed that the O.M. dated 10.8.2010 would be applicable only to nonselection
posts. Accordingly by an order dated 24.1.2011, the claim
made by the original applicant was turned down. This order dated
24.1.2011 was the subject matter of challenge in O.A. No.76 of 2010.
3. In the case of Ms.K.Manorama vs. Union of India & Ors., 2010
(10) SCALE 304, the Supreme Court in para 14 held, “even otherwise
the principle that when a member belonging to a scheduled caste gets
selected in the open competition filed on the basis of his own merit, he
will not be counted against the quota reserved for scheduled caste but
will be treated as open candidate, will apply only in regard to
recruitment by open competition and not to the promotions effected on
the basis of seniority-cum-suitability”.
4. By following the law laid down by the Supreme Court in the
case of Ms.K. Manorama (supra), the O.M. dated 10.8.2010 was issued
and clause 3 of the said O.M. stated as under:
: 3 :
wp.8986.2011
“the matter has been examined in the light of the above referred
judgements it has been decided to withdraw the O.M.
No.36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to
above. It is clarified that SC/ST candidates appointed by
promotion on their own merit and seniority and not owing to
reservation or relaxation of qualifications will be adjusted against
unreserved points of reservation roster, irrespective of the fact
whether the promotion is made by selection method or nonselection
method. These orders will take effect from 2.7.1997, the
date on which post based reserved was introduced”.
5. By its earlier common judgement dated 5.1.2011, the Tribunal
had directed to comply with the O.M. dated 10.8.2010. In the second
round, the Tribunal considered the law laid down by the Supreme Court
in the case of R.K. Sabharwal & Ors. V/s. State of Rajasthan & Ors.,
1995 2 SCC 745; Suraj Bhan Meena v/s. State of Rajasthan & Ors.,
2001 (1) SCC (L&S) 1; M.Nagaraj vs. Union of India, (2006) 8 SCC
212. It held that the decision in Surajbhan Meena‘s case (supra) was
clearly distinguishable and was of no help to the case of the
interveners/respondents. The view taken by the Tribunal in reiterating
to implement the O.M. dated 10.8.2010 does not call for any
interference. The learned Counsel also submitted that the Division
Bench of Punjab & Haryana High Court by its judgment dated
15.7.2011 in Lachhmi Narain Gupta & ors. V/s. Jarnai Singh & Ors.,
CWP No.13218 of 2009 has set aside the O.M. dated 10.8.2010. The
learned Counsel for the original applicant stated that the said decision
: 4 :
wp.8986.2011
is a subject matter of challenge in a Special Leave Petition before the
Supreme Court. Be that as it may, in our opinion, the view taken by the
Central Administrative Tribunal in the impugned order dated 3.8.2011
does not suffer from any errors apparent on the face of the record and,
therefore, this petition must fail at the threshold.
6. The petition is therefore rejected summarily.
(SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J
Friday, November 4, 2011
Summary of developments with regard to own-merit issue
Income tax employees federation, Mumbai circle
S U M M A R Y :
Chronology of developments with
reference to own-merit & other issues in a nutshell based on our
understanding of the issues and judgments over a period of time:
1995
|
Own Merit came
into operation through 77th amendment of the constitution. Object of
reservation is to provide adequate representation to the SC/ST candidate
|
2002
|
Through this OM DOPT clarified the Own merit concept and
stated that post will be adjusted against general quota, this is after the 85th
amendment of the Constitution.
|
2005
|
Through this OM DOPT issued fresh clarification and stated
that OM of 2002 is effective from the date of issue, and that concept of own
merit did not apply to the promotions made by non – selection method.
|
2006
|
Madras CAT in the case of Kalugasalamoorthy vs Union of India has set aside the
|
2007
|
Madras High Court
has upheld the decision of the CAT
in the above case
|
August, 2010
|
DOPT withdrawn the
|
27th Sept. 2010
|
Manulal Bhaita
& others filed OA in Mumbai CAT
for implementing the
|
8th Dec. 2010
|
The above persons filed fresh Misc. Application in the CAT
for interim relief restraining
from conducting any DPC
|
9th December
2010
|
The Hon’ble CAT
allowed the MA and stayed the DPC up to 5.01.2011
|
12th January 2011
|
Mumbai CAT passed order
and directed to implement the
|
January 2011
|
Some General Candidate also approached the Mumbai CAT for
extended Zone of consideration and brought stay on 29 vacancies
|
24th January 2011
|
Board issued a circular and clarified that
|
March 2011
|
ITSEWA filed fresh OA in Mumbai CAT challenging the direction of
Board.
|
April 2011
|
Since we moved to new recruitment year new eligibility list published after exam result
|
May 2011
|
Mumbai CCIT filed MA for
vacation of stay
|
July 2011
|
Mumbai CAT reserved the order on OA and stay continued
|
15th July 2011
|
High Court of
Punjab & Haryana which was dealing
a case filed by General candidate(Inspector) against 2007 Punjab CAT
decision allowing own merit from 1995,
and after considering the DOPT OM of August 2010, ruled that no reservation in promotion could be made
in pursuance to OM dated 2.07.1997. Judgment of Punjab CAT set aside Instruction dated 31.01.2005 stands
withdrawn on 10.08.2010. Further
Instructions dated 10.08.2010 are quashed because they are in direct conflict
with the view taken by the Constitution Bench in M. Nagaraj”s case and Suraj
Bhan Meens’s case. Further directed
that seniority and promotion of the Income Tax Inspector shall be made
without any element of reservation in Promotion.
|
3rd August 2011
|
Mumbai CAT delivered the judgment and imposed penalty of
Rs. 25000/- on Respondent and directed to implement the
|
24th August 2011
|
CBDT issued instruction to all the CCIT (CCA)_to implement
the Mumbai CAT order before 15th
October, 2011
|
Sept.2011
|
|
October 2011
|
Jaipur CAT quashed the direction of board
directing to implement the
|
14th October 2011
|
Mumbai CCIT challenged the order
of Mumbai CAT in Bombay High Court.
Some general candidate also challenged the Mumbai CAT order in High Court. The matter is likely to come up on 8th
November, 2011
|
21stOctober 2011
|
ITSEWA once again brought stay
on regular promotion for a period of two weeks and CAT again
directed the dept.to implement
the OM and to maintain status
quo
|
21stOctober 2011
|
Mumbai CCIT filed MA before the CAT for vacating the
stay on promotion
|
22-10-2011
|
CAT posted the matter for
hearing on 31.10.2011
|
31.10.2011
|
CAT again adjourned the
matter to 14.11.2011 for filing the
rejoinder and posted the matter to 14.11.2011
|
4th November 2011
|
In the matter of Zone of consideration the case once again adjourned and posted to
29th Nov. 2011 for filing rejoinder
|
Circular dt. 1.11.2011 on Promotion related matters
INCOME TAX EMPLOYEES FEDERATION, MUMBAI CIRCLE
Dated:
1.11.2011
Dear
Comrades,
A broad look at the issues delaying promotions and the stand of ITEF
Many
of Our members are waiting for their long over due promotions and there seems
to be no end to their wait with the never ending litigations. Through this
circular our endevour is to place before our members in correct perspective the
chronology of events, the stand of the ITEF and efforts made to overcome the
situation created by the court cases so as to have a clear idea of the
situation in which we are placed today.
As you are aware the Mumbai CAT through its
order in the month of January, 2011, directed the department to implement the OM dated 10.8.2010 within 4 months and stayed all
promotions till then. On the issue of
consideration zone CAT also stayed the promotion for 29 vacancies of ITO.
However, the Board issued a circular and clarified that the OM
of August, 2010 is not applicable to Income Tax Department against which a
fresh OA was filed in Mumbai CAT in the month of March. In the meanwhile after
consistant pressure put by the ITEF the Mumbai administration filed MA for
vacation of stay in the month of May. The CAT however ruled that vacation of
stay is not required as the case is in the final stage of hearing. In the month
of July, 2011 the hearing in the Original appeal was completed and CAT, Mumbai
reserved the order and hence the stay continued.
In the meanwhile, the Federation demanded
that ad-hoc promotions should be issued in the post of ITO in the light of the
ongoing litigations and stay on promotions. However, inspite of series of
negotiations, the administration was reluctant to accept our suggestion. In the
light of the negative attitude of the
Mumbai admn. the ITEF decided to embark on agitation from
the month of July, 2011 along with other 14-point demands. The Mumbai CCIT
referred the matter to the CBDT even though the Federation was of the view that
this was unnecessary. However, after the
agitation was commenced the admn. deputed officers to get a direction from the
CBDT for effecting ad-hoc promotions. In the background of the agitation the
CCIT had a full- fledged meeting with the Federation representatives on 4th
August, 2011. In the meeting it was informed that the admn. has got a
favourable legal opinion and the CBDT has also approved the proposal for ad-hoc
promotion to the post of ITO and on other issues too the outcome was positive.
You may recall that on the basis of this development the agitation was called
off in the month of August.
However, when the department was in the
process of going ahead with effecting ad-hoc promotions the CAT, Mumbai
delivered its judgment in August itself directing the department to implement
the OM within 2 months and avoid further promotions till then, bringing to naught our efforts to get at least ad-hoc
promotions to the cadre of ITO.
We have always been taking the consistent
stand that all vacancies should be filled up whatever way the department feel
it can be done as per the rules. When the CAT decision came our efforts was to
ensure that the implementation of OM from 1997
was expedited. In this regard we met the CCIT on various occasions and
suggested that additional man power may be posted in the office of
Addl.CIT(HQ)Pers. so that the data from 1997 to 2001 can be prepared as the
data from 2002 to 2007 was already available. By the time the addlCIT(HQ)pers. was in the final stages of compilation of the data another development
in the form of the Judgement of Punjab & Haryana High Court came. The Punjab & Haryana High Court quashed
the OM dated 10.8.2010. When we met the CCIT after this development
there seems to be no clear stand on the issue. The CCIT was of the view that
since it was having an all India
Since no direction was forthcoming from the
CBDT, we requested to the CCIT to go ahead with the implementation of OM as per the CAT, Mumbai direction so that promotions
can take place. Subsequently, the data was finalized by the Addl.CIT(HQ)Pers
and given to the Addl.CIT(HQ)Admn. Office.
In the meanwhile, the Board directed the Mumbai CCIT to challenge the
penalty imposed by CAT in the High Court after taking legal opinion. The dept.
counsel gave opinion to challenge the CAT order in toto.
In view of this development in the month of October, 2011, as per the direction of the CBDT the Mumbai CCIT filed a Writ Petition in the Mumbai High Court challenging the order of CAT, Mumbai and the admn. seems to be going slow on the issue of implementation of the CAT order. The ITEF on the basis of our understanding of the situation, through a letter demanded that the promotions should be effected either by implementing the OM or holding regular DPC in par with promotions effected during the last 3 years on which there was no dispute. We had also given an ultimatum to the CCIT, Mumbai to issue promotion in all cadres before 31.10.2011 failing which we will be forced to go on agitation from the 1st of Novemer. The CCIT in turn assured us that promotion orders will be issued before Diwali.
However, in a surprise development another
stay order on promotions came from the CAT on 21.10.2011. But the DPC for
promotions for the post of LDC, NS, DB, Peon, SCD etc had already taken place
on 20.10.2011. But uncertainty prevailed over the promotion to the post of
Inspector etc eventhough the DPC meeting was to take place on 24.10.2011. The
Federation had a clear-cut view on this issue which was conveyed to the
Addl.CIT(HQ)Pers. and we are happy that the admn. has held DPC and issued
promotion order to the post of Inspector today (1.11.2011.) We are of the
considered opinion that bringing stay on promotions is un-called for as it will
have adverse affect on the career advancement of our members only. Moreover,
any judicial pronouncement can be implemented at any point of time by holding
review-DPC. In the present scenario this legal battle may prolong and settle
only in the Supreme Court and the ITEF cannot subscribe to the stand that till
such time no promotion should take place.
The
Admn. filed MA before the CAT for vacating the stay on promotion on the same day i.e. 21.10.2011
which was fixed for hearing on 31.10.2011. However, the matter was subsequently
adjourned for 14.11.2011. The writ filed by the department is also coming up
for hearing in the Mumbai High court on 8.11.2011. This is as far as the legal
developments are concerned.
From the above it can be seen that the ITEF
has taken a consistent and principled stand on the issue of promotions that
promotion should be effected in time and as per rules. We have always tried to
take all sections of our members along in the struggle we waged till date. The
promotion is an issue of importance for the members waiting for their
promotions for years, irrespective of which region, religion etc they belong.
However it must be understood that this is only a passing phase. The regular
promotion every year brings relief to a limited number of people. As happened in 2001, if today the situation
has to undergo a change and bring about large scale promotions, it can only be
achieved through the cadre restructuring which is still pending with the
Govt. The cadre restructuring is
expected to create large number of posts triggering promotions which can wipe out the long waiting lists. In order to
achieve this task we have to have strong organization and a sustained and
militant struggle in the days to come.
Therefore, we caution all our members to
guard against elements that are waiting for an opportunity to disrupt our
Unity. ITEF is not a one issue organization. We have many issues concerning our
members that calls for sustained struggles. A strong and united organization
alone can spearhead the struggle in the coming days for a better career in the
department. The endeavor of each and every one of us in this situation is not
to be carried away by misinformation campaign being spread by vested elements,
but stand united beyond caste, creed, religion and region under the banner of
Income Tax Employees Federation which alone can take you to a better future. In
conclusion we can assure you that our efforts for getting promotions and other
issues achieved will continue in right earnest. We seek the co-operation and
support of each and every member of our Federation so that we can succeed and
march forward unitedly with resolute determination to win many more battles
ahead.
With
greetings,
Yours
fraternally,
Ravindran B Nair)
General
Secretary.
Monday, October 24, 2011
Friday, October 21, 2011
INCOME TAX EMPLOYEES FEDERATION
R.No.40, Aayakar Bhavan, M.K.Road, Mumbai.
Tel: 22001260
Dated: 21.10.2011
Dear Comrade,
CAT, MUMBAI STAYS PROMOTIONS
The ITEF was making effort to see that the promotions in all the cadres are taking place before Diwali. Accordingly, the DPC for promotion to the post of LD, NS, DB and SCD took place yesterday and promotions orders have been issued. However, in the meanwhile the CAT, Mumbai has stayed promotions in the department thus putting a question mark on further promotions immediately.
Inspite of this development, we can assure you that our sincere efforts for effecting promotions will continue.
General Secretary,
ITEF, Mumbai.
Tuesday, October 11, 2011
News on the issue of Promotions to various cadres
On the issue of promotions
The ITEF in its meeting with the CCIT held on 27.9.2011 has served the ultimatum to effect promotions in all the cadres before 31st of October, 2011 failing which we will be going on agitation from the 1st of November, 2011.
The CCIT has assured that the DPC for promotion to all the cadres will be held before Diwali.
Dated:11.10.2011 General Secretary,
ITEF, Mumbai.
Tuesday, October 4, 2011
Letter to CCIT on the issue of Belapur quarters
Dated: 19.9.2011
The Chief Commissioner of I ncome-tax,
Mumbai.
Sir,
Sub: Repair and renovation of Belapur staff qtrs.
---------------------------------------------------------
Kindly refer to the above.
We had given a detailed letter dated 27.4.2011 (copy enclosed) on the condition of the staff quarters at Belapur and the steps needed to be taken to improve the situation. This issue was taken up on various occasions earlier and some of the CCsIT(CCA) had personally visited the quarters. Again on the request of our members staying there we had visited the quarters on 11.9.2011. The situation seems to have gone from bad to worse over the years. The quarters are in a dilapidated condition. Of the 418 flats only 24 are occupied. All the 24 members are housed in the E type after the few members staying in other types were shifted to E-type on our request. It is indeed shocking to find the staff members staying in rain soaked flats with water leaking in almost every room, damaging even their furniture. In most of the flats one or the other room is kept locked due to leaking and the damaged furniture lay testimony to the pathetic condition in which our members are placed. In many of the flats there are no windows and doors and if at all it is there, it is in damaged condition. Even the bath room doors are damaged to such an extent it is difficult for them to carry out their daily routines. Because of the leakages the staff members face the threat of electric shock as the walls are wet and some of them had experienced that too. As far as the unoccupied quarters are concerned the less said the better. All those flats are without windows and doors and lying like ghost houses which is merrily used by anti-social elements at night and even during day time thereby posing security threat to the families staying there. We feel that even those who are staying in the shanties in Mumbai will be having a better living condition.
he conditions of the quarters are a testimony to the utter callousness of the department towards its own property which is located in the prime area of Navi Mumbai and worth crores of rupees. How callous and carefree the authorities concerned are can be gauged from the fact that in the open ground where the pump-house is located which belong to the department a permanent structure i.e. a pucca House, has been constructed by somebody. If the information received by us are to be believed builders are eyeing the property may be with the intention of illegal construction. (Copy of the plan enclosed to have a clear picture).
As far as the security is concerned after a lot of hue and cry 6 private security men were sanctioned for taking care of the people and property. (Copy of order enclosed). However when we visited the place we were told that initially there were 4 security personnel which is now reduced to three. This only shows the casual attitude of the admn. towards the interest of our members staying in the quarters. We will not be surprised if it turns out that payment is being made in respect of 6 security personnel instead of the 3 actually in place at Belapur!
The proposal for a phased renovation of the quarters was taken up and we were told that the matter has been sent to the CBDT for sanctioning of funds. In the meeting of the Addl.CsIT(HQ)Admn. held at Jaipur the matter of repair and renovation of Belapur was taken up by our Secretary General, Com. Ashok Salunkhe and the reply from the CBDT authorities were that no proposal is pending with them and if any proposal is sent it will be cleared as funds are not a problem. Hence, we feel that there should be serious efforts on the part of the Mumbai administration to get the necessary funds to carry out the repair and renovation of the quarters without further loss of time. In the E-type quarters extensive repair and renovation should be carried out in at least in 6 buildings so that those who are already staying there can be shifted in to the renovated buildings. The repair to other buildings can be carried out after that. One of the important steps that need to be taken is to secure the property with boundary wall and also eviction of the illegal encroachment in the open ground of the colony.
Our pleas on the repair and renovation and other aspects of the Belapur staff quarters have fell on deaf ears in the past. On the one hand our members are waiting for their turn to get allotment of staff quarters while 394 flats are lying without use at Belapur for years together. The department is in the process of constructing and procuring of new properties using crores of rupees of public money. But the same department does not have any seriousness or inclination to protect property already owned by it, which is worth cores of rupees in the prime location of Navi Mumbai. Or is it that it does not care a hoot for the lower class employees of the department? We once again request that this issue may be taken up on war footing to alleviate the miseries heaped on our members because of the callous attitude of the people in authority.
Thanking You,
Yours faithfully,
Ravindran B Nair
General Secretary
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