Wednesday, February 19, 2014

Circular on ITEF stand on cadre restructuring & related matters



INCOME TAX EMPLOYEES FEDERATION, MUMBAI CIRCLE
Dear Comrades,
At the outset we thank all our members for implementing the non-cooperation agitation in totality and also for making the 2-day strike action a tremendous success. We also thank our officer friends for their support in our struggle against the CBDT. As informed to you in the meeting our leaders had with the Chairperson and Member (P), CBDT it was informed that the discussion on the allocation of posts within the CBDT will be concluded next week and afterwards the issue will be discussed with the ITEF to bring about an amicable settlement. On the NR Parmar issue the instructions of the DG(HRD) will be put on hold till the uniform instructions are issued after getting clearance from the Law ministry. It was also assured to pursue other issues to its logical conclusion. In the light of the above it was decided to suspend the ongoing agitational programme. However, if need be the agitational programme will be re-commenced if no satisfactory agreement is reached. On the issue of 7th CPC and related issues, the matter was scheduled to be raised in Parliament on 13.2.2014 but as you all know because of the unseemly incidents in Parliament on that day the proceedings was adjourned. We hope some of the issues raised by us will be resolved or we will be forced to go on an indefinite strike action shortly.
Cadre restructuring and ITEF stand:
1.                   The ITGOA in its circular had gone the whole hog to justify the sub-committee and core committee reports. Then it goes on to ask “where is the reason for any grievance?.” We have a reason to be agitated because it is only the ITEF which has submitted an alternative proposal while the ITGOA preferred to have none and therefore perforce had to support both the sub-committee report and the core-committee report which are diametrically different from each other. As we discussed earlier the Cabinet approval as well as the terms of reference of CBDT to the sub-committee was for allocation of 20,751 posts. Therefore by following the Consolidated Approach (allocation of additional as well as existing posts) both the Committees have exceeded its brief which no organization worth its salt can accept.  It is pertinent to mention here that in our meeting with Member (P) CBDT on 16th and 17th January in which both ITGOA leaders from Mumbai was also present, the Member (P) agreed that the consolidated approach is wrong.

2.                   The ITGOA goes on to tom-tom that the “views expressed by it were tactfully put in such a way that the views expressed by it became the view of the sub-committee.” If that is the case then why ITGOA found  favour with the Core Committee report also which has a different formulation.   The ITGOA General Secretary in Mumbai owes an explanation to all the officers and Staff members in Mumbai who are awaiting their promotions as to why he became a party to a proposal which was discriminatory towards Mumbai Charge. From their own circular it is crystal clear that the ITGOA had no proposal whatsoever in so far as the allocation of posts were concerned. So all the proposals that are now there and whatever comes in future can be theirs! 

3.                   The glaring instance of how the Mirani Committee has allocated the posts can be seen from the fact that when the cabinet has approved a total of 16 posts of Pr.AO (copy enclosed), the Mirani Committee in his wisdom has allocated 116 posts of Pr.A.O. charge-wise and 16 posts of  Pr.A.O. to Mumbai charge! The ITGOA vide its ITGOA-Mum/Cir./2013-14 dated 11/02/2014 is supporting this fraud of the Mirani Committee.  It would have been better if the ITGOA leadership verified the figures, especially of the ITEF proposal, before printing in the circular so that people are not misled.  

4.                   As we have mentioned in our earlier circular the Core committee inspite of the fact that it fully endorsed the criterion adopted by the sub-committee on allocation of posts went on to change the allocation of posts charge-wise in a major way. Howsoever the ITGOA leadership may distort the facts, the truth remains that the Core Committee had to perforce allocate 3 more Pr.CITs increasing the number of ITOs in Mumbai region after the successful Dharna and other agitational programmes carried out by ITEF, Mumbai Circle. The ITGOA leadership in Mumbai was a mute spectator when we went on agitation. So what the core committee gave was nobody’s charity but under compulsions created by ITEF Mumbai Circle. However, we have taken a principled stand that the proposal of the ITEF should be implemented (if required with minor amendments so that justice is done to all charges) for the ITEF proposal was the produce of collective wisdom of its Central Working Committee and had the unanimous approval of all concerned. 

5.                   So far as the proposal sent from Mumbai was concerned the number of Pr.CITs was allocated at 44 but the Mirani Committee changed the structure of allocation of Pr.CITs by taking only Pr.CIT(Corporate) and Pr.CIT(Non-Corporate) to 32. According to the proposal submitted by the Mumbai Sub-Committee the number of additional ITO posts for Mumbai worked out was 284. So the Mirani Commtitee has accepted one part of the proposal without considering the proposals to ITOs and down below cadres proposed by Mumbai. It needs no mention here that we are concerned with the allocation of posts of ITOs and cadres down below in which the interest of our members are involved.

6.                   Immediately after cooling period is over a person should get his promotion.  So if a person takes more than 3 years, for promotion to the post of ITO there is an element of stagnation.  This stagnation may vary from charge to charge because of various reasons like number of persons passing the exam, the vacant posts, the seniority of the personnel who come on intercharge transfer etc.  It needs to be remembered that upto the level of ITO the promotions are localized and local factors play an important role.  Hence, relative stagnation has been given weightage by ITEF taking 15% as stagnation factor on the number of qualified persons in each charge so that no charge should suffer.   It is a proven fact that relative waiting period for promotion in each charge does not remain stagnant but changes each year depending upon the number of persons promoted from that charge to higher level positions.   On the other hand stagnation was taken as a criterion by the Mirani Committee in respect of two/ three charges selectively as mentioned in the ITGOA Circular. This is nothing but naked discrimination. It is also pertinent to mention that the Mirani Committee initially expressed the view that no consideration must be given for the stagnation factor and rejected the proposal of ITEF in this regard, whereas throughout the Cadre Restructuring report, the comparatively longer waiting period of IRS officers vis-à-vis officers of other organized Group A services and all India services had been adduced as the primary reason for the up-gradation and creation of posts at top levels. 


7.                   We have taken a principled stand that the allocation in respect of ITOs and cadres down below should be on the basis of ITEF proposal as it concerns the promotion prospects of our Group C cadres.   Secondly both the sub-committee & the core committee reports suffer from various infirmities and inconsistencies alongwith the basis adopted as mentioned above and hence cannot be accepted. The IRS has their own interests in getting the posts at higher levels according to their preference of posting etc.  It needs no mention here that no IRS officer wants to go to North East but prefer a posting in the North. Hence, the paranoia about Kolkata and it is a well known fact that the ITGOA leadership supports the cause for their own electoral politics. Otherwise how can one say that one charge should be kept out of the benefit of cadre restructuring while all others enjoy the fruits? Incidentally we may mention that it is nothing but a canard that the West Bengal Charge got the lion’s share in the allocation of posts in 2001.  It was in fact Mumbai charge which got the largest number of ITOs allotted in 2001.  The cadre restructuring proposal of 1998 was based on zero financial liability for the Government.  Therefore, at the cost of abolition of the posts of LDCs, number of posts in higher cadres was created.  West Bengal suffered the abolition of the largest number of LDCs posts.  It was not however allotted higher posts proportionate to the abolition.  

In conclusion, we don’t believe in the dictum of “yes Boss” where you can accept anything and everything without batting an eyelid. We are an organization which has the history of fighting for our due rights. In the last cadre restructuring in 2000, the JCA with ITGOA & ITEF came together to give a proposal for allocation of posts which was accepted in toto. Today, both the organizations are taking a divergent views on allocation of posts before CBDT thereby putting a question mark on the very purpose of JCA. It is only for deriving platonic pleasure the ITGOA leadership use the name of JCA.  The irony is that both at the time of the preparation of the report and at the juncture of allocation of posts, no attempt was made to converge the views of the two Federations.    The fact is that JCA remain only in form and not in content. 
With greetings,
Yours fraternally,
Ravindran B Nair
General Secretary.

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