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:
Own Merit   came into operation through 77th amendment of the constitution. Object of reservation is to provide adequate representation to the SC/ST candidate

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.

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.

Madras CAT in the case of Kalugasalamoorthy  vs Union of India  has set aside the OM of 2005 and held that when a person is selected on the basis of his own seniority , the scope of considering and counting him against quota reserved for SCs does not arise.
Madras High Court  has upheld the decision of the CAT  in the above case
August, 2010
DOPT withdrawn the OM of 2005 and clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not relaxation of qualifications will be adjusted against un reserved points. And further stated that the same is applicable from 02.07.1997
27th Sept. 2010
 Manulal Bhaita & others filed OA in Mumbai  CAT for implementing the  OM        
  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 OM from 1997. within 4  months and stayed  all the regular DPC till then
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 OM of August 2010 is not applicable to Income Tax Dept.
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 OM within 2 months.  
24th August 2011
CBDT issued instruction to all the CCIT (CCA)_to implement the Mumbai CAT order before 15th  October, 2011
Punjab  High ighCc court  also  passed   order in respect of ITO  and quashed all the earlier OM of  DOPT dealing with own merit and element of  reservation  in  promotion  in the cadre of ITO
October 2011
Jaipur CAT   quashed the direction  of board  directing  to implement the OM August 2010
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 implement  the OM and  to maintain status quo
21stOctober 2011
Mumbai CCIT  filed MA before the CAT for vacating the stay on  promotion
CAT posted the matter for hearing on 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


1 comment:

  1. we got stay on not implementation of DOP&T O.M Dt 10.08.2012 by AIOBC DEFENCE