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Minutes of ITGOA - MCM held at Khajuraho

MINUTES OF M. C. M OF ITGOA HELD ON 28 th & 29 th Jan., 2011 at Khajuraho

The meeting was chaired by Shri B. Shanthi Kumar, President and was attended by all

Units of ITGOA except Gujarat & N.W.R. Out of CHQ, S/Shri Rajiv Puri (V.P.),

Y.S.Meena (J.S.), Sunil Kumar (WZ Sec.) and B. Sagadevan (SZ Sec.) were not present.

On behalf of M.P. & C.G. Unit, Shri S.N. Bhadra welcomed all the delegates and

observers from different parts of the country and gave a brief account of the history of

Khajuraho, which was the cultural capital of Chandela Dynasty.

2. President’s welcome

President, on behalf of the CHQ of ITGOA, then welcomed all the members and

observers for the MC Meeting and after a brief introduction of the members present for

the MCM, the President then requested Shri Rajesh Menon, Secretary General, to initiate

discussion on the events that has happened, especially post MCM at Ooty and the

extended secretariat meeting at Delhi on 14-09-2010.

3. Secretary General, then informed the house, as under:

Wishing all the members, the very best for the new year 2011, the following account on

the happenings and status of pending issues, was bared before the house, as under :

i. Litigation with regard to the promotion to the grade of JCITThe period of six months i.e. August 2010 to January 2011, was the most strenuous in the last 5 years as Secretary General, only because of the ongoing litigation first in the principal bench of C.A.T and now in the Hon’ble High Court of Delhi. Contribution from members of Delhi Unit, both physical and monetary, S/Shri H.S. Kharab, Baswanand, S. K. Mehra, R. K. Mehta, S. K. Sharma, V.K. Khanna, Sudhir Kumar, R.S.Poonia, Horam Singh, Radhakishan, to name a few, was very crucial in this trying time. Besides, there was support from Mumbai Unit who sent a senior counsel Shri R. K. Shetty to argue our case in C.A.T. Despite best efforts in highlighting all seniority rules and DOPT OM in our favour, the Ld.CAT vide its Order dt. 02-11-2010 directed the Dept. to prepare a fresh seniority list, by holding that IRS Civil List cannot be considered as a seniority list

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Minutes of ITGOA - MCM held at Khajurahoon account of a disclaimer in its preface and till such time, the results of DPC for the grade of JCIT, that concluded on 23-09-2010, was stayed.

The applicants of OA were direct recruit ACITs of 2002 & 2003 (Vikas Keraba Suryawanshi & Others) and their main grievance is against bunching of Promotees at the bottom of particular year and their claim is that relative seniority of Promotee and Direct Recruit ACIT must be in the ratio of 1:1 as provided in Rule 9(iii) of IRS Rules 1988 and wherever Direct Recruit are not available in a particular year/batch, then DR from next batch has to taken and there should be no bunching of Promotees. Thus, they being DR of 2002 and 2003 must be matched in the ratio of 1:1 with Promotees of 2000, because there were 484 PRs in that year as against only 24 DRs. Here, applicants are disregarding the fact that the said promotions were consequent to Cadre Restructuring of 2001, wherein there was a conscious relaxation of Quota Rule and all posts consequent to CRE-2001 (ACIT-484 for 2000-01 & 509 for 2001-02) was to be filled-up by promotion only and to that effect there was a relaxation order dated 31-08-2001 with approval of DOPT & UPSC and when these DRs were not even born in the cadre/service.

In 2005, some DRs of 2002 filed an O.A. / 417 - 2005 in C.A.T (Ahd.) Bench, with a similar plea (Sanjay Punglia & Others), which was dismissed with costs, by holding that the challenge to relaxation order dated 31-08-2001 was time-barred. The Ld. C.A.T in its Order dated 21-02-2007, also referred to its own order dated 15-05-2002 in the case of Prabhakant Ayodhyaprasad & Others (DR ACITs of 1991 & 1992 challenging the relaxation of 1990), wherein it was clearly held that DR of later year (i.e. 1992) do not have locus to challenge whatever transpired earlier when they were not even born in the cadre and such DRs of later years cannot claim that the 176 vacancy/posts that were diverted from DR to PR Quota, actually belonged to them and only they can be appointed against such vacancies. But, the Ld. C.A.T decided that, as the DR of 1991 had already joined the service, in the year in which the promotion were granted against the diverted vacancies, the DRs and PRs of 1991 will have to be matched in the ratio of 1:1, as per Rule 9(iii) and relaxation of this Rota Rule and giving en-bloc seniority to 176 promotees of 1991 against the diverted vacancies, above the DRs of the same year i.e. 1991, was declared as not legal/correct. Besides, the Ld. CAT in its order in the case of Sanjay Punglia also relied upon Hon’ble Supreme Court’s Order in the case of Direct Recruit Class II Engg. Officers Association Vs. State of Maharashtra, where the Apex Court had decided that where Quota Rule has broken down and

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Minutes of ITGOA - MCM held at Khajurahoexcess appointments is made from one source, then the Rota Rule cannot be applied strictly, as this would in violation of Article 14 & 16 of the constitution.

S/Shri S.K.Mehra, who was the first to file an intervening application, in the said O.A. and Treasurer will give further details relating to this case and would answer the member’s queries.

ii. Litigation in C.A.T (Allahabad Bench) against promotion to grade of ACIT

In the first week of August 2010, Promotion to ACIT for panel year 2009-10 was

stayed by C.A.T (Allahabad Bench) vide its order in the O.A. filed by Shri Rajeev

Mohan on the matter of seniority of ITOs of CCIT-Kanpur i.e. UP(W) region.

Thereupon, an urgent visit to Allahabad was made and the case was effectively

argued in the C.A.T in the form of a review petition and finally the stay was got

vacated and costs were levied on Rajeev Mohan. In this case, there was active co-

operation from S/Shri C.K. Singh, Diwakar Singh, Arvind Trivedi and other

members of UP(W) & UP(E) and of TN & P Unit, who sent Shri Kannan (retiring

in August 2010). After the stay was vacated, follow-up with Board was made and

promotion order was issued to Shri Kannan before his retirement.

iii. Litigation in C.A.T (Lucknow) against All India Seniority list of ITO

All are aware about the difficulty faced in finalizing the All India Seniority List of

ITO, especially because of the Board’s decision to the effect that Promotion

consequent to CRE-2001 was deemed to be made on the same day i.e. 18-06-2001.

In 2002, ITGOA constituted a committee under S.K.Gupta then Vice-President,

with S/Shri Mustafa, Seshadri, J.B.Singh as members, which after considering

different proposals such as weightage roster for different regions etc., finally

recommended that Seniority in the feeder cadre i.e. Inspector, be taken as the basis

for determining the inter-se seniority and for maintaining the already established

seniority within a region, deemed date of joining as Inspector, which was the date

of joining of the junior most Inspector of a year and this was to be adopted for all

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Minutes of ITGOA - MCM held at Khajuraho

Seniority List prepared on the above recommendations was a cause to large-scale grievance, as the list was made of officers who were in service on 2005 and all those who had retired or left, from 2001 to 2005 were not considered. Therefore, another committee was formed under R.S.Meel, then Jt. Sec & now Addl. Sec., with S/Shri Arvind Trivedi (UP-W), B.A. Dave (Gujarat), K.R.Narayana (Ktk) Subrato (W.B.) as members, which was helped by V.M. Jayadevan, then S.Z. Sec. & now Jt. Sec. This committee compiled All India seniority list of ITOs as on 2001 with all those officers who had retired or left in the intervening period and this was made from the authenticated data from each CCIT (CCA) region. An alternative suggestion was made by Mumbai Unit, to adopt the seniority in the feeder cadre of Inspectors based on the All India Ranking given by Staff Selection Commission to DR Inspectors, but the RS Meel committee after due deliberations decided against this suggestion, which will be explained by Shri R.S. Meel. The seniority list, so compiled by RS Meel Committee was first circulated to all Units and after incorporating all the valid objections, the final list was submitted to Board. Ad. VI section of CBDT examined the same with reference to extant seniority rules and then circulated draft seniority list of ITO along with the basis of determining inter-se seniority on 4-11-2009 & after considering valid objections, All India Seniority List of ITOs as on 1-1-1999 was finalized on 14-1-2010.

Now, Shri J.B. Singh has assailed the above All India Seniority List of ITOs, on the ground that All India Rank allotted by S.S.C at the time of recruiting DR Inspector has not been considered, because of which Inspectors who had joined along with him, but in other regions like Mumbai, Delhi etc., with rank much below him, have now become senior to him and also on the ground that deemed date of joining is an alien concept in the service jurisprudence. Technical aspects of the case was left to be detailed by Shri R.S. Meel, Addl. Secretary and Chairman of the committee, that finalized the said Seniority List.

A request was made to Shri J.B. Singh to rethink on the OA filed by him, in the larger interest of our members. Requests were also made to S/Shri Rajarshi Dasgupta (former SG), Mustafa (member of Gupta committee) and Arvind Trivedi (member of Meel Committee) to highlight to Shri J.B.Singh about the futility of

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Minutes of ITGOA - MCM held at Khajurahothe case and convince him to withdraw. But till date there is no positive development. Further

iv. Agitation under JCA in pursuit of 12 point Charter of Demand.After the successful strike of 15-07-2010 and other agitational program of stopping search and survey, on 30th July, 2010 the members of Delhi JCA gheraoed the entire Board during their visit to CR Bldg. Consequently a meeting with the Chairman was fixed for on 4th August, 2010. After that meeting, the central JCA met at Delhi, wherein our partners i.e. ITEF was reasonably satisfied with the progress on the issues and favoured suspending the agitation forthwith, while ITGOA was against withdrawal of agitation as its main demand on Civil List, Transfers and Promotions to ACIT & JCIT were still unresolved and there were no concrete assurance on these fronts. Besides, the decision of Ooty MCM to continue with the agitation was also informed. After much discussion, it was decided to continue with the agitation and the same was to be reviewed on 26th August, 2010 after meeting with CBDT. In the Secretariat Meeting of ITGOA of 26th instant, it was unanimously decided to continue with the agitation, but in the JCA meeting held on the same day, our partners categorically stated that it was beyond their capacity to continue with the agitation and they wanted some breathing time, before re-launching the agitation. All members of ITGOA present in the said JCA Meeting was against withdrawal or suspension of agitation and the understanding reached in the JCA Meeting held at Mumbai on 31-05-2010 i.e. To continue with agitation till both ITGOA & ITEF agreed to withdraw or suspend the agitation, was also reminded, but without much avail. Hence, on the face of ITEF’s stand that all its 18 Units across the country had stated its inability to continue the agitation in the present form, ITGOA was left with no alternative than to agree to withdrawal of agitation. Under these circumstances, the ongoing agitation was withdrawn w.e.f 01-09-2010 i.e. after a meeting with Member (P) on 30-08-2010, wherein assurances were extracted on major demands.

All the 18 Units of ITGOA was disappointed with the withdrawal of agitation, especially when the main issue of promotion to JCIT & ACIT and Civil List was not clinched and in this background many Units voiced their concerns about the confusion in the field in relation to the proposed Strike on 07-09-2010 for issues such as price rise, immediately following the withdrawal of agitation on issues directly concerning our members and for which the actions lied at the doors of CBDT. Meanwhile, JCA-Delhi (ITEF & ITGOA-Delhi) had decided not to participate in the strike of 07-09-2010, as none of the Unions of Central Govt. Depts., in the Delhi region was participating, as the said strike was mainly a political one. On a comprehensive consideration, it ITGOA-CHQ decided against the participation in the said strike, which was welcomed by all excepting 3 or 4 Units. The

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Minutes of ITGOA - MCM held at Khajurahoguiding principle for both decisions i.e. withdrawal of agitation and non-participation in strike was ‘No Show is better than a Flop Show’.

On account of the insistence by ITEF for immediate withdrawal of agitation, there was no time left for negotiating with the Board, the terms and conditions for such withdrawal and this is somewhat responsible for the CBDT’s directive for pay-cut for the JCA strike of 15-07-2009. CHQ will take-up this matter with the Board appropriately.

v. Matters concerning Admn. Officers – Gr. III & PSGrade Pay of 4600 has been granted to AO-III & PS and to that extent the anomaly of same GP of 4200 to Sr. TA, OS, Inspector, PS & AO-III has been removed. This remedy was inbuilt in the CCS (RP) Rules, 2008. Now the Board has been convinced to send a proposal to increase the GP of AO-III & PS to 4800 keeping in view their Gazetted status. But, as the cadre of AO/PS are not unique to I.T. Dept, any decision in this regard would come for central Govt. Service as a whole. Besides, in cadre restructuring suitable suggestions have been made to remove this anomaly. Laptops have been also been demanded for AO & PS

vi. Promotion to the cadre of ACIT

Promotion Orders for 2009-10 has been issued and through persistent follow-up, Board has been made to start the work of promotions for 2010-11 and 2011-12. The delay in JCIT promotion due to the litigation, has consequently affected ACIT promotion in the sense that the consequential chain vacancies are not available. All Units were requested to remove the deficiencies in ACRs for the said two years and all out efforts will be done to get these promotions before March 2011.

vii. Draft Civil List

Draft Civil List of IRS-2011 (as on 01-01-2011) has been displayed vide letter dated 17-01-2011 in the official website of the dept. i.e. www.irsofficersonline.org and on a preliminary reading there appears no mistakes upto the grade of JCIT and in the grade of DCIT/ACIT upto the year 2004-05, there is no change from the last published Civil List. But from 2005-06 onwards, in the absence of Civil List Code Nos., it is not possible to critically analyse that portion of the Civil List. There is need to discuss the issues involved therein and give suggestions for further line of action. The letter dated 17-01-2011 is addressed to all CCsIT(CCA) calling for information such as date of appointment, posting, retirement, VRS, etc. and hence

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http://www.irsofficersonline.org/

Minutes of ITGOA - MCM held at Khajurahothe last date of 11-02-2011 is not for members to make their representations. CHQ will try to evolve a standard representations and send it to all Units, for a common approach in this regard.

viii. Correct Seniority for DCITs ( S.K. Shukla)

DCITs from Delhi and Kolkata, have been successful in getting favourable orders from CAT, for a correct seniority as DCIT, on the lines of Order in the case of Shri S.K. Shukla. Besides, officers

ix. Cadre Restructuring / Review

As per the information available, the Cadre Review proposals have been cleared by the Dept of Expenditure and it is presently with DOPT. CBDT has replied to the queries raised by DOPT and after the DOPT clearance, the file will go the Cabinet through the office of Hon’ble FM, for final approval. According to a fair estimate of the CBDT it will take around 6 months to 1year, for the final nod of the Union Cabinet.

x. Hacking of ITGOA’s website

Attention of the members were drawn to the specific circular of ITGOA on this topic, along with the screen-shot of the home-page of the website wherein the word ‘Officers’ in the name of our association was changed to ‘Idiots’ and it was informed that a formal complaint has been lodged by our webmaster. At the same time, after enquiries with the company that was hosting our website, it was clear that the contents of our website has not been tinkered with. Nevertheless, the attempt to ridicule our Association by calling all its members as Idiots, was also a serious offence.

xi. Felicitation of Shri Parimal Sarkar

Shri Parimalda, as he is fondly called, was Treasurer of ITGOA (CHQ) from 2002 to 2006 and thereafter was President & General Secretary of W.B. Unit till his retirement. All of us remember him as a strong Unionist & a committed ITGOAn. We take this opportunity to salute this tall leader from W.B.

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Minutes of ITGOA - MCM held at Khajuraho4. President requested the members to hand over all suggestions on the Cadre

Review to Shri Mohan Kumar, General Secretary of Nagpur Unit for consolidation.

Thereafter the delegates were invited, unit-wise, to deliberate on items of agenda.

4.1 The Units present, expressed their views on various issues, as under :

a. A.P. Unit (S/Shri R. Jayakumar – GS & Srinivasa Rao – Treasurer )

Following points were reiterated for the consideration of the house :

Most important issue bothering all the promotee officers is the case filed by few disgruntled IRS officers of 2002 and 2003, who are not in the consideration zone for promotion, against the age old practice of 1:1 fixing of seniority between the promotes and direct recruits and bunching the left-over officers. Eventhough the matter was well represented before the CAT by the CHQ, the out come was not satisfactory. Now the matter is pending before the Delhi High Court and hopefuly, the judgement may be pronounced shortly. CHQ should enlighten this House about the steps taken and the present status of the issue. AP Unit is of the opinion that if the need arises, the matter has to be taken to the superior courts . To meet the huge legal expenses, a litigation fund should be created and contribution should be called for from all the units. As an initiative, on behalf of AP unit, we have already contributed Rs.3 lakhs to the CHQ towards litigation fund.

In the civil list as on 1-1-2011, it appears that Board has implemented the instruction of DOPT”s OM dated 3/3/2008. This instruction clarifies the year of availability of vacancy for the purpose of rotation and fixation of seniority, as the actual year of appointment. So, from now onwards if the appointments against unfilled vacancies are made in subsequent year the person so appointed shall not get seniority of the earlier year, but would get the seniority of the year in which they are appointed on substantive basis. This will adversely affect the promotional avenues of our members as our DPCs are not conducted in time and always delayed every year. As per the present Civil List, the promote officers from 2005 batch are adversely affected. In this regard it was suggested that a petition under RTI be made to get file notings to know the circumstances which led to the suomoto issue of this circular without any provocation from any quarter and challenge

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Minutes of ITGOA - MCM held at Khajurahothe same appropriately. Efforts should also be to ensure that DPCs in future are conducted in time.

In the last several MC meetings the matter of notional effect from 1.1.96 for the revised pay-scale of ITO/ITI has been raised and discussed and it is told that it is pending before CAT, Bombay. CHQ must pursue this matter vigorously and get it clinched.

It was disgusting to note that as per the letter issued by CBDT dated 20/1/2011, the approval of Chairman,CBDT is compulsory to make a reference to CVC for looking into verifiable facts in anonymous and pseudonymous petitions in the case of all Group-A officers. Earlier, for all the government officers, the rules to make a reference to CVC were same. It is a clear cut case of apartheid. This kind of partisan attitude cannot be tolerated and CHQ to take up this issue with the Board and see that all the officers irrespective of cadre are protected.

Laptops should be given to the newly promoted ITOs, as it is being done for the newly recruited trainee officers at NADT. AOs and PS should also be given laptops as they are also our members. CHQ must impress upon the Board to render these laptops as non-returnable, as it is a part of incentive.

DPC for the recruitment year 2010-11 is yet to be conducted which is long over due. CHQ to take up this issue with the Board and ensure that DPCs are held without further loss of time.

AOs and PS should be granted the grade pay of Rs.4800 immediately and Rs.5400 on completion of 4 years. Income-tax Officers should be granted grade pay of Rs. 5400 instead of Rs.4800 and ACITs should be granted grade pay of Rs.6000 instead of Rs.5400. At least 4 promotions, i.e., change of four grade pays should be ensured to every official in their entire career. Grade pay of DPA, Grade-B should also be granted grade pay of 4800 and may be re-designated as ITO(Systems) so that future anomolies can be avoided.

Selection of cases for scrutiny under CASS must be such that quality of cases is improved. Further there should be cap on number of scrutiny assessments per AO. T.B Date to be restored back to 31st

March or the Transfers (AGT) to take place before march, so that the officers are in place by 31st April and the actual work start from May.

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Minutes of ITGOA - MCM held at Khajuraho Shri Syed Salim, a DCIT from A.P. and member of ITGOA has been

honoured with Sahitya Academy Award.

Training for promotee ACIT in NADT or DTRTI is for 45 working days, which is a very long period, causing high inconvenience, considering the fact that these officers are around 45 to 50 Years and cannot stay away from home for 60/65 days. CHQ must take up this.

b. Bihar Unit (S/Shri Diwakar Singh – GS )

Following views were presented :

The efforts taken by the CHQ in the DC to JC promotion and especially in

defending the litigation was appreciated as the Best one and the ultimate

victory will be for the truth. Acknowledging the importance of funds for

litigation, Bihar Unit had already sent Rs. 50,000/- and it was assured that

whatever amount was fixed by CHQ will be collected and given.

After the OM dated 3-3-2008, main hurdle in determining correct seniority

of the promotees is the delay in promotion. If we can ensure timely

promotion, then the problem will be minimized.

As the all India Seniority List of ITO published by CBDT is as per

ITGOA’s suggestions, which has been accepted collectively, then

individual gain or loss should not take in precedence in deciding its merit.

The said list must be accepted by one and all as final. Every Unit leaders

must advise its members to avoid any litigation on this account. All efforts

was committed to the CHQ for trying to resolve and get the OA filed by JB

Singh withdrawn.

On the problem of excessive CASS and selection of retired individuals due

investment of retirement benefits in one year, the CCIT (CCA) are having

necessary powers for remedial action. Every Unit must take up the matter

with their respective CCIT.

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Minutes of ITGOA - MCM held at Khajuraho The pace of Cadre Review/Re-structuring appears to be very slow and CHQ

must apply pressure on CBDT for expediting the same, such as to minimize

the stagnation in the grade of ITO, which is growing by the day.

c. Delhi Unit (Shri Baswanand – G.S.)

Member’s attention was drawn to the following :

As the litigation w.r.t Seniority of Promotee Officers of 2000 & 2001 and

consequential stay on promotion to JCIT was going on in Delhi, members

of Delhi Unit have pledged their full support to the CHQ in defending the

case. Actually this is only an ego issue for the Direct Recruits and for the

past few years, there is class prejudice in the Department and nobody wants

promote officers in the supervisory grades. Out of first hand information, it

can be said that CHQ has done exceedingly well in this matter. But, for this

litigation, the time and energy could have been spent on other areas

affecting our membership. As for funding, there must be a permanent

litigation fund and CHQ can fix subscription Unit-wise.

Grade pay of AO-III/PS befitting their Gaz. Status must be strongly fought

for . Similarly, we must demand better GP for ITO as on promotion the rise

in GP is a mere Rs. 200/- whereas there is a vast increase in duty and

responsibility and also expectation from the higher-ups.

All India Seniority List of ITO is very important and sensitive issue and

must be deftly handled and JB Singh type of litigation must be avoided at

all costs. Otherwise all future promotions will be delayed permanently and

we all will be ultimate losers. Promotion to the grade of ACIT for 2010-11

has already been delayed and that for 2011-12 is also due. Our focus now

should be to get these promotions, without any further loss of time.

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Minutes of ITGOA - MCM held at Khajuraho CHQ is well seized of all the issues affecting our membership and after

closely observing from Delhi, where most of the negotiation and follow-up

is being done, all the Units can rest assure that no efforts are being spared

in pursuit of our just cause and the need of the hour is to strengthen the

CHQ rather than nitpicking and criticizing, at the drop of a hat.

d. Karnataka & Goa Unit ( S/Shri K.E. Rajan - G.S. & Sharma - Treasurer )

Following thoughts were placed before the members :

Promotion to ACIT has already been delayed and needs to be expedited, as

there is huge stagnation in the ITO grade, which is very much frustrating.

Here, it will be pertinent to note that there are fixed dates by which the

CAP – I, II, III reports have to be submitted and in case of failure, the staff

& officers are pulled-up. But, in matters of promotion to ACIT, Board

never follows the model calendar and no responsibility is fixed, for the

delay in conduct of DPC and release of promotion order.

Promotion to the grade of JCIT is stuck-up in litigation, which is mainly

because promotees are looked upon as step-children.

In many cases, Review and Inspection are being used as tools for harassing

assessing officers, which should be taken up with Board.

Vigilance cases must be expedited and for this Board/DGIT(Inv) must issue

necessary direction to the Directorate of Vigilance.

Restoring the TB date to 31st March must be taken-up with Board earnestly

and for this every Unit can also separately write to Chairman-CBDT.

CASS criteria needs to be appropriately modified, so as to ensure that only

worth-while cases are selected.

Special Pay must be sanctioned to Audit/ITAT/Central Circle.

Ad-hoc ITO of 1998 must be regularized before 2001 promotions and for

this review DPC will have to be held wherever necessary. CBDT must issue

necessary directions in this regard to concerned CCIT(CCA).

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Minutes of ITGOA - MCM held at Khajuraho Laptops become outdated within a period of maxmum 3 years and hence

there is no point on insisting for its return. All newly promoted ITOs must

be given new laptops, as also to AO/PS/Sr PS.

Misconceptions with JCA partner i.e. ITEF must be cleared, as our struggle

is and will be a joint one.

e. Kerala Unit (Shri R. Rajagopalan – G.S.)

On behalf of Kerala Unit, following issues were highlighted :

Promotion to the grade of ACIT has been delayed and this is frustrating the

members as stagnation of ITOs have reached around 12/13 years and this is

adversely affecting promotions down the line also.

On the litigation matter relating to JCIT promotion, CHQ has done its best

and all that is required to protect the interest of promotee officers. Although

the documents filed in the Court have been uploaded in the website, still

communication from CHQ needs to be at more frequent interval. Besides,

we must do something organizationally to put more pressure on CBDT, like

refusing to hold additional charges.

CCIT (CCA) in Kerala have issued letter for effecting pay-cut for the strike

action of 15-07-2010. CHQ must take up this with Board.

Laptop must be made non-returnable, considering the fact that it becomes

obsolete within 3 to 5 years.

With respect to Restructuring, notes on both the subjects allotted to the

Kerala Unit have been submitted to CHQ & copies endorsed to other Units.

CHQ must follow-up the higher Grade Pay to AO & PS.

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Minutes of ITGOA - MCM held at Khajuraho CHQ must be vigilant on the Cadre Restructuring to see that the proposed

number of additional posts in all the grades, as contained in the proposal

must be the same in the final proposal.

Spirit of JCA must be upheld, as our struggle with the hegemony of IRS

cannot be successful, unless this unity is preserved.

f. M.P. & Chhattisgarh Unit (Shri M. Sinha, President)

Following view were expressed :

DCIT to JCIT promotion is now dependent on the outcome of the litigation

started by some DRs of 2002 & 2003 and this is mainly because of the IRS

mentality that promotee officers do not deserve to be promoted as JCIT.

Steps taken by CHQ in this litigation is worth appreciating, without which

promote officer’s entire career would have become a big zero.

Relation with ITEF is very important in our struggle and CHQ must take all

steps to remove all sort of differences with them.

CHQ must inform about the status of Cadre Review/Restructuring.

JCIT must be in PB-4 as the duties of JCIT is similar to that of Addl. CIT

who are in PB-4. CHQ must pursue this demand unless it is achieved. If

need be, legal option must also be explored, by emphasizing the principle

‘Equal Pay for Equal Work’.

CHQ must take a final decision on additional charges without additional

pay and tell CBDT that henceforth none of its members will accept

additional charge, unless additional pay is sanctioned.

ITGOA must create a permanent litigation fund, as there are many cases

like seniority of PR & DR affecting entire promotee officers career, All

India Seniority of ITOs etc., which must properly be defended, otherwise it

will affect all future promotions. of 35

Minutes of ITGOA - MCM held at Khajuraho Considering the actions being taken by CBI against our members, ITGOA

must impress upon our members to be avoid all temptations and discharge our duties in a more judicious and transparent manner.

g. Mumbai Unit (S/Shri Ravi Shankar – Asstt. Secretary)Following points were stressed upon :

The ongoing litigation started by DRs of 2002 & 2003 w.r.t the relative seniority of PR & DR, that has resulted in denial of promotion to 2000 & 2001 batch officers, is the result of step-brotherly attitude of the DRs, who cannot digest the fact that some PRs are getting promoted as JCIT and Addl. CIT, which is the first supervisory grade in IRS. CHQ has done excellently well in this regard that deserves the best of accolades and this fight for justice must be taken to its logical end, both in Court and also by negotiations. All Units must liberally contribute to litigation fund. Mumbai has already given the amount fixed and will try to pledge more.

In the draft Civil List – 2011, apparently principle of Bunching left-over PRs at the bottom of that year has not been followed. This must be properly analysed and objected to, because DOPT OM of 3-7-1986 clearly provides for rotation of PR & DR of a particular year in the ratio of 1:1 and bunching of left over officers, irrespective of PR & DR, at the bottom of that year.

On the OA filed by JB Singh assailing the All India Seniority List of ITOs, his assurance that no stay has been or will be prayed for, cannot be taken at its face value, because with no-stay there will be no purpose of the litigation. ITGOA must seriously think of intervening on behalf of those whose promotions will be adversely affected. Besides, as JB Singh was a member of the SK Gupta Committee that finalized the principle of Deemed Date of Joining, he cannot assail it now, as per principle of estoppel.

On the issue of ‘Own Merit’, in the OA filed by ITSEWA, Bombay CAT has directed the Board to implement the DOPT OM from 1997 onwards and if need be, hold review DPCs for the grades of ITO/Inspector. Board has replied to the said directions by citing the Hon’ble SC’s judgement in the case of K. Manorama, wherein it is held that ‘Own Merit’ will come to play only in the matter ‘direct recruitment’ and not in ‘promotion’.

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Minutes of ITGOA - MCM held at Khajuraho The OA filed in the matter of notional effect for the revised pay scale of

ITOs & Inspectors, w.e.f 1.1.1996, is fixed for final hearing in March 2011. The Govt. has not been able to file any proper reply.

Cadre review must be followed-up & this alone can solve the problem of All India Seniority of ITO, by promoting ITOs of 2001 as ACIT at one go.

CHQ must pursue the matter of GP & laptops to AO/PS/Sr PS, subsidy on HBA interest and raising the limit of 20,000 in the Rule 18(3) of CCS (Conduct) Rules for intimation of transaction in movable property.

h. Orissa Unit (Shri M.K. Chanda, President)

Following views on different issues were stated :

Firstly, although the location and arrangements for the MCM at Khajuraho

was excellent, the meeting must not be in place of tourist attraction, which

gives an impression to the general members that we are assembling only for

vacation /sightseeing and are not interested in actual issues affecting them.

If such MCM is held near our offices, then general members can also attend

which will result in educating them with issues and if the venue is in

regions where the Unit is not very active, then these MCM will act also as a

rejuvenating factor.

We are forced in to a prolonged litigation on the seniority of PR & DR, as

the matter in all likelihood will travel upto Supreme Court. Board’s actions

cannot and must not be taken at its face-value, especially in the light of

draft Civil List wherein the bunching principle has not been followed. In

this regard, the DOPT OM of 3-3-2008 must also be challenged, as it will

cause unjustified disadvantage for promotees, as delay in promotion is

regular and not attributable to them. While acknowledging the excellent

efforts of CHQ in defending the case on seniority, CHQ must also take

concrete organizational action, to keep up the pressure on the Board.

CHQ must take requisite action for ensuring timely promotions in all the

grades i.e. ACIT, DCIT & JCIT.

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Minutes of ITGOA - MCM held at Khajuraho On All India transfers, Board is continuing with its pick & choose policy. In

the last AGT, 15 ACIT from W.B. region were left out from being

transferred back, despite completing the cooling-off period. Even now 2

from the said 15 officers are still not considered for being transfer back.

Shortage in any region cannot be a reason for discrimination between

similarly placed officers. CHQ must ensure that the ground of completing

the cooling-off period in the next AGT.

Board has almost rejected laptops to AO/PS/Sr PS and newly promoted

ITO. CHQ must protest against this strongly. Connectivity of MTNL/BSNL

connections under ‘Tarang’ is very poor and this must be brought to the

notice of the Board.

With the withdrawal of special pay to Audit, recoveries are being made.

CHQ must demand restoring of the special pay to Audit and also to

Investigation, Central, etc.

CHQ’s last minute decision to withdraw from the strike of 27/9/2010

without getting anything has actually weakened the spirit of JCA. It is time

that CHQ must sit down and thrash out the problems with ITEF.

CHQ must inform the current status of Cadre Review, Uniform application

of SK Shukla judgement and outsourcing of sensitive CIB data. Also the

CHQ stand on outsourcing of data entry as some Units are allowing while

others are objecting to the same. A clarificatory communication with a

uniform policy for the entire country is required.

While agreeing to the strategic silence on the matter of litigation on the

seniority between DR & PRs. But, still communication is required from

CHQ to clear many doubts of members.

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Minutes of ITGOA - MCM held at Khajuraho Suggestion of Mumbai Unit to increase the limits for intimation under Rule

18(3) of CCS (Conduct) Rules was right and must be followed up.

i. N.E.R Unit (Shri Timirharan Chakraborty-President)

For the NER Unit, the following was queried/stated :

Aayakar Sewa Kendras are beset with manpower shortage and this must be

highlighted to theBoard.

Now that, the agitation was suspended for whatever reasons, we must take

stock of our demands and strategies to achieve the same.

CHQ must pursue for Ad-hoc promotion to the grade of JCIT, in view of

DOPT OMs dated13-03-1988 & 17-03-2002, which specifically provides

for Ad-hoc promotion when regular promotions are stayed by courts.

Board must be demanded to strictly adhere to Model Calendars for DPC

issued by DOPT and Calendar for vigilance proceedings issued by CVC. In

case of failure the CHQ must bring this to the notice of these two

authorities, and if need be even suggest amending these calendars.

NER has given 80% of its share to Litigation fund and balance 20% will

also be given shortly. The work done by CHQ on the issue of litigation

w.r.t seniority was extraordinary and deserves full accolades, without which

entire promotee service would have been totally obliterated.

On the draft Civil List of IRS Officers as on 1-1-2011, around 11 mistakes

have been noted which was given separately. ITGOA must first demand for of 35

Minutes of ITGOA - MCM held at Khajurahothe basis or policy on which the relative seniority has been fixed. As far as

possible, it would be good to file a uniform representation and CHQ would

do good to circulate such a draft letter. Besides, ITGOA must also write a

detailed representation on the subject, as that will come to our rescue, in

case of any future litigation.

j. Pune Unit (S/Shri B. Sunil – G.S.)

Following suggestions were made :

There must be cap on scrutiny. Presently, every Assessing Officer is having

more than 400 cases and when this was told to Chairman, CBDT during his

visit to Pune, CCIT was directed to tell the Assessing Officers to restrict

enquiry only w.r.t ITS points/details and not to proceed generally on all

possible and probable issues, in every case. CHQ must take up the matter

with Board, for issuing uniform directions.

CASS criteria/norm needs to be modified for eg. The limit of 2 lakhs in

mutual fund is very low, for selecting worthwhile cases. It only throws-up

cases of retired senior citizens. CCIT(CCA) has the required power to

eliminate such cases, but hardly any of the CCIT is using this power.

ITGOA must impress upon the CCsIT to use their power and remove such

cases from the CASS List.

Out of 1% incentive all CIT/CCITs have been given Blackberry instrument

then what about staff and officers with much less pay. Further, laptops

needs to be given to AO/PS/Sr PS and newly promoted ITOs. CHQ must

pursue this till it is achieved.

Status of Cadre Review and Special Pay for Audit, Central, etc. and

restoring the TB date to 31st March, must be informed.

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Minutes of ITGOA - MCM held at Khajuraho Full co-operation on the litigation fund was assured.

MC Meeting if held in smaller places will help to rejuvenate the interest of

common member in the association activities.

k. Rajasthan Unit (Shri G.D. Sharma-President & Sitesh Verma-Treasurer)

Following issues were highlighted :

The litigation relating to DCIT to JCIT promotion is very important and

CHQ must continue to defend this case in the same excellent manner, as it

has the scope for affecting the entire class of promotee officers. In fact, the

dismissal of OA in Sanjay Pungalia’s case was not on technical grounds i.e.

Time-barred or premature, but it was also on merits. Rajasthan Unit’s

commitment to the Litigation Fund was also reiterated.

The above case and mistakes in draft Civil List-2011, only confirms the

fear that HRD is only for DRs. Even the cadre review handled by HRD is

inordinately delayed. We must therefore demand for reviving AD-VI and

scrapping of HRD, which is openly partisan.

On the SK Shukla judgement, proper follow-up is required, so that the ratio

is applied to all similarly placed officers.

Promotion of ITO to ACIT is delayed. Board must be asked to expedite the

promotion of 2010-11 & 2011-12, for reducing the stagnation. Conducting

of DPC on time is Board’s responsibility and

CHQ must demand petrol allowance for ITOs and LTC for foreign visits.

CASS cases are not being selected properly because the returns are not

being fed correctly, as this is the basis for right selection. Therefore, we

must be careful while feeding the returns while processing.

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Minutes of ITGOA - MCM held at Khajuraho One of the reasons for refund scam is because of the facility to change the

PAN after processing. DIT(Systems) must be asked to modify the program

such that once refund is issued, no change must be allowed.

Special Pay must be demanded for Audit, Central, etc. In fact, the matter is

pending for long and CHQ has done very little in the matter.

Connectivity in MTNL & BSNL phone under Tarang is very poor and this

must be brought to the notice of the Board.

l. T.N. & Pondy Unit (S/Shri M. Vivekanandan – GS & Sanat Raha-C.M. )

Following points were stated on the pending issues :

Our orgnisational approach must be to build bridges with Units and Members of our Association, with our partner in JCA, other service associations in COC(R), other Promotee Officers Association in CCGGOO and above all with the Administration/CBDT/Ministry/Government. This alone can ensure achievement of desired result and not token demonstration or agitation program like Lunch Hour Demonstration, Dharna and one day strike, which at best can educate the members about the issues.

On the litigation in the Hon’ble Delhi High Court, senior officers of the rank of Addl. CIT/CIT/CCIT are spreading disinformation, even after the ITGOA’s detailed circular and CBDT’s crystal clear affidavits. DR-IRS is learnt to have pumped in lot of money and in some charges every DR have contributed Rs. 19,500/- towards litigation fund. We may not be able to match-up to that level. But the need of the hour is to contribute generously to the litigation fund.

The genesis of present litigation on the relative seniority of promotees and direct recruits, which has halted promotion to the grade of JCIT, has its genesis in the 2 year induction course at NADT. Instead of training the probationers on ‘Good Governance’, seeds of super-ego is being planted in their minds. This needs to be corrected and in this direction ITGOA must directly approach RS/FM/PM apart from taking-up the matter with CBDT. Besides, we can also initiate a series of articles in our website or encourage our members to write Books or Articles and give it wide publicity. Further,

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Minutes of ITGOA - MCM held at Khajurahothe DOPT OM date 3-3-2008 which clarified the ‘Year of availability’ as the actual year of Promotion, is highly regressive, as it does not factor in the deliberate delay in promotion to the grade of ACIT and which cannot in any way be attributable to the said promotee officers.

The cadre review and restructuring fo IT Dept, is on right track and is in much advanced stage. We must only remember one thing that in the last exercise of 2001 Group ‘B’ Officers have made lot of sacrifice and this has resulted in increase in the stagnation of ITOs i.e. 13 to 14 Years. Care must be taken that this is not repeated in the present exercise also.

CHQ is overstressed with multiple issues and ever demanding members. Hence, there is an urgent need to prioritse our demands, lest its focus is lost amongst innumerable issues, both at local and national level. Some suggestion in this regard are Medical Check-up as required in APAR must be started forthwith, CGHS be replaced with Group Medical Insurance (to start with, the same can be optional) and this can remove the procedural requirement of obtaining administrative approval prior to admission in Hospital, GP of 6600 to Promotee ACITs/Placement of JCIT in PB-4. CHQ can have a small working secretariat with 1 or 2 full time employees, which will ensure that all correspondence are issued at appropriate time.

On the litigation started by JB Singh challenging the All India Seniority List of ITOs, every Unit must write to JB Singh that the correct course of action was to raise the issue in MCM or BGM and get it thrashed out there. Litigation will only result in claims and counter-claims, that will delay the promotion to ACIT.

Draft Civil List of IRS as on 1-1-2011 is beyond comprehension, as there is no uniform application of DOPT OMs dated 3-7-1986 & 3-3-2008 (reiterated vide OM dated 11-11-2010) and ratio of judgements of Hon’ble Supreme Court. CHQ must make a detailed representation in this regard is that will take care of our member’s aspiration. We all must on high alert in this regard, as this matter also has the scope to go in to big litigation.

AO/PS/Sr PS and newly promoted ITOs must be given new Laptop, similar to the new ACITs i.e. Probationers in the NADT. Every Unit must mount pressure on the CCIT(CCA), which will be duly conveyed to the Board.

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Minutes of ITGOA - MCM held at Khajuraho CHQ must be watchful on the All India Transfers, so that the policy of 2

years cooling-off period, Spouse/Child’s education/Compassionate ground are all considered and there is no favouritism to any particular group or disadvantage to any particular region.

On the matter of hacking of our website, in the blogspot of TNP Unit, a mail had been received some 2/3 days earlier with the subject that ‘ITGOA’s website is easy for cloning’ and after the CHQ circular, there was an article on how this cloning of home page was effected by using photoshop & it is not a hacking, in a website www.incometaxofficers.com

m. U.P. (E) Unit (Shri Manoj Singh-)

On behalf of UP (E) Unit, following issues were highlighted :

Work Load of DCIT/ACIT was very high and of ITO is comparatively less.

Hence, income limit for determining ITO’s jurisdiction, must be increased.

Out of 1% incentive, Laptops must be given to AO/PS/Sr PS & newly

promoted ITOs, on non-returnable basis. More operational vehicle is

required to be sanctioned, such as to cover ITOs also or Petrol Allowance

as suggested by Rajasthan Unit must be demanded.

CHQ must pursue with CBDT to ensure that quality cases are only selected

under CASS, for which necessary changes be made in the System.

CHQ must pursue for restoring the TB date as 31st March.

On the draft Civil List of IRS Officers as on 1-1-2011, CHQ must give a

proforma of representation, which can be used by all members to make

their representation.

On the OA filed by JB Singh, CHQ must intervene as the said OA has the

scope to stall further promotion to the grade of ACIT.

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http://www.incometaxofficers.com/

Minutes of ITGOA - MCM held at Khajuraho CHQ must explain status of CRC, so that member’s queries are answered.

The suggestion that MCM should not be held at tourist places, is not right,

on two counts. Firstly, if the meeting is held near office premises, there will

disturbances from office that wil hamper detailed & thorough deliberations

and Secondly, the delegates who take so much pain for Association work,

deserve at least a peaceful setting for discussing the issues affecting all the

members of ITGOA.

n. U.P. (W) Unit (S/Shri Arvind Trivedi - G.S. & Ramswarup - JS)

Following issues were raised :

Promotion to JCIT is the burning issue and urgent decision has to be taken

thereon. Root cause for the problem is the mental state of DR who do not

want a promotee boss. Result of the present impasse is that many of our

members are retiring without getting their rightful promotion. There is

some shortcoming in our approach also. The CAT judgement does not

discuss the issue on merit and has simply directed to prepare a seniority list

distinct from civil list and this Board could have complied with and

promotions could have taken place in a matter of one month. By filing a

case in HC, the matter will only be delayed further and no practical solution

will come out of litigation. Therefore, we must start agitation right away

against Board, HRD and also against IRS Association. We must demand

that the present draft civil list must be withdrawn, as the same does not

conform to DOPT guidelines of 3-7-1986. Then, we must also highlight the

fact about such discrimination against 97% of employees by the DR-IRS

controlled Board, to the RS and FM.

On the matter of Civil List, basic difference is in the understanding of ‘Year

of availability’ as the ‘year of appointment’. No representation has been

given, even after raising this issue about one year back. Promotions to

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Minutes of ITGOA - MCM held at KhajurahoACIT are always delayed and this will affect the seniority. It must

highlighted to the Board that the system of keeping vacant slots for PR &

DR as per DOPT OM of 1959 has been done away from 1986. DOPT OM

of 3-3-2008 must be challenged in court, as it gives undue advantage to

DRs who are joining in time, while PR are joining later due to the delay in

promotions, for which the PRs are not responsible.

DPC for 2010-11 and 2011-12 for ACIT must be held forthwith, so that

these officers do not lose their seniority vis-à-vis DRs.

Today’s ITEF is tommorrow’s ITGOA and today’s ITGOA was yesterday

ITEF. Hence, differences with ITEF, if any, must be settled at the earliest

by duly addressing to the ego problems with their leadership. Otherwise a

strong JCA cannot be functional.

There is no idea as to where the Cadre Restructuring is pending? There

should a detailed circular on this, as the members are anxious to know

about their future.

Mumbai Unit’s efforts in getting the issue of 1-1-96 resolved was laudable.

In the TDS wing the work-load has increased manifold due to introduction

of TB for taking action u/s 201/201(1A). Hence, there should be a demand

that TB be extended to 2013 and extra manpower should be given

immediately for tackling this extra work.

Special Pay issue has got to be resolved at the earliest, as the matter is now

pending for 6 years w.r.t Investigation, Central, Audit, etc.

On the OA filed by JB Singh w.r.t All India Seniority List of ITOs, the

issue was complicated and JB Singh cannot be simply faulted. It was true

that he was member of the Committee that suggestd the Deemed Date of

Joining as Inspector for finalizing the All India Seniority of ITOs, but his

present contention for taking All India ranking of Inspectors given by SSC

is also a good one which needs to considered as it will be without any

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Minutes of ITGOA - MCM held at Khajurahocontroversies and stand the test of judicial scrutiny. JB Singh has raised

this issue for others and not for himself and he has not prayed for any stay.

On the issue of hacking of ITGOA’s website more detailed discussion is

required as it is a very serious issue and the culprits must be brought to

books. But, it appears that the there was no Hacking and the tampering was

done only in the opening page as shown in the screen shot circulated.

As regards holding of next MCM in Nainital or Mussourie, UP(W) Unit

will discuss any inform the CHQ.

o. West Bengal Unit (S/Shri P. Kabasi-President & Bhaskar Bhattacharya-GS)

Following was mentioned with regard to the issues & ways to achieve them :

Litigation on DCIT to JCIT promotion is very important and must be taken to its logical end. WB Unit has already sent Rs. 1,50,000/- and the balance amount will also be sent shortly. But, CHQ must send a formal direction for funds, which will help the Units to collect more funds.

But, on the above issue i.e. wrong claim of seniority by DRs, litigation will not be sufficient. On the organizational level, agitation will also have to be mounted, for exerting pressure on the Board, which can be like wearing of Black Badges as a mark of protest. This is very important, as there seems to be some confusion in the Board on the subject, as the draft Civil List of IRS Officers as on 1-1-2011 does not conform to any single principle uniformly.

The work-load in TDS Charges across the country has become unbearable, especially w.r.t defaults/defects u/s. 201/201(1A) after the introduction of Time Barring w.e.f this year. Besides, innumerable defaults are generated due to system faults & TDS mismatch. CHQ must ask CBDT, as to how it proposes to get this work done.

CHQ must inform the status about Cadre Review & Restructuring, mainly whether the promotions will be coming at one go or it will be in phases and also whether all new posts to be filled up by promotion only, as was done in the last cadre restructuring of 2001.

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Minutes of ITGOA - MCM held at Khajuraho Laptops must be given to AO/PS/Sr PS and newly promoted ITOs forthwith

and CHQ must impress upon the Board to make it non-returnable, by highlighting the frequent obsolescence.

CHQ must be vigilant against Board’s arbitrariness in the Transfer of our members. The Transfer policy must be implemented without any favour or bias against any particular region. Besides, exemption for office bearers must be insisted upon, as this has the scope of affecting Unit’s functioning.

Non-participation in the one day strike and consequent misunderstanding with our JCA partners will cost us very dearly. Board will surely take advantage and try to pitch one against the other. It is time that we sink our differences and stand united as one monolith body against the high-handed attitude of the IRS controlled Board.

5. The Zonal Secretaries and other delegates spoke as under :

a. North Zone Secretary (Shri Raghvendra, UP-West)

On the litigation w.r.t DCIT to JCIT promotion, all are aware of the extra

pains taken by the CHQ. Still we have not been successful. Hence, it is time

to introspect and ask ourselves that Have we failed as an organization?

Board will always be our adversary and its attitude is very clear. If we do

not agitate then the pressure will be on us. As a strategy we must demand

1:1 in every grade, decide that none of our members will hold additional

charges. If despite huge vacancies and doubling of work-load, we

overstrain and achieve all targets, then Board will neither pay heed to our

demands, nor take concrete steps to resolve the issues.

CHQ must mount adequate pressure on the Board to expedite the

promotions, to the grade of ACIT for 2010-11 & 2011-12, to the grade of

DCIT as on 1-1-2011 and to the grade of JCIT. Board must be told in plain

terms that the DOPT’s model calendar for promotions must be adhered to,

failing which ITGOA must launch strong agitation.

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Minutes of ITGOA - MCM held at Khajuraho Draft Civil List of IRS Officers as on 1-1-2011 has not applied the

principles of seniority correctly. CHQ must analyse the shortcomings in the

draft civil list and make model representation, for the use of all members.

Charter of Demand must contain priority items like GP-5400 to ITO, 6600

to ACIT and JCIT to be in PB-4, restoring of special pay to Audit, Central,

Investigation etc., Petrol/Car Allowance for ITOs, Additional pay for

Additional charge/work, uniform directions from Board on operational

vehicles, adequate technical support including judicial reference system.

A clear-cut clarification on outsourcing is required from JCA, as different

regions are approaching this issue, differently. A via-media is required in

the area of out-sourcing, because of the constraints of staff and excessive

work-load in the field. Besides, CBDT must be asked on the rationale in

outsourcing sensitive AIR data.

CHQ must insist for a separate transfer policy for promotees, considering

their advanced age with consequent problems of health of self & old aged

parents and educational/career needs of their children.

Status of utilization of welfare fund must be declared for avoiding misuse.

CHQ must ensure that the ratio of judgement in the case of SK Shukla be

implemented uniformly to all similarly placed officers.

CHQ must expedite the final hearing on the issue of 1-1-1996, as the matter

is long pending.

CHQ must take up the vigilance cases which are pending for long,

including those who have retired, as these officers are denied their full

pensionary benefits.

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Minutes of ITGOA - MCM held at Khajuraho All India Seniority List of ITOs must be accepted by all. In fact the system

of determining the seniority based on Deemed Date of Joining (DDOJ)

must be followed for ITOs of post-restructuring also.

CHQ must take all steps to iron out the differences with our JCA partner,

because there can be no clap with one hand. Strong JCA is the need of the

hour, without which we cannot think of achieving our legitimate goals.

On the Cadre Restructuring/Review, CHQ must seek clarification on its

implementation formula i.e. whether it is one time or in stage-wise.

Promotees also must get training in NADT similar to the Direct Recruits.

b. Sitarama Rao (Member from Karnataka)

With the permission of the chair, the following points relating to Civil List were placed for the consideration of the house :

Firstly, why this time there is a draft Civil List ? which has never been in the past. Secondly, why there are no Civil List code Nos, after 2005 ?

Rules of Seniority as per DOPT OMs have not been followed uniformly and as the draft Civil List uploaded in the website is in PDF format, it will take some more time for analyzing the same.

The timing of releasing this draft Civil List, is also a big mystery. As a litigation on the relative seniority is in progress in Court, a Civil List where principle of Bunching is not followed for PRs can weaken our case.

The covering letter signed by JS (Admn.) of draft Civil List is addressed to CCIT (CCA) and calls for information such as date of joining, posting etc. which are kept blank in the said list. So, there is no time limit for us to file our objection. CHQ can circulate a draft representation which can be used by our members, so that no points are left-out by any of our members.

Lastly, it was assured that a fresh Civil List following the rotation of PR & DR in the ratio of 1:1 for every panel year and bunching of left-over PR or DR, as the case may be, with proper Civil List Code Nos, in Excel Format

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Minutes of ITGOA - MCM held at Khajurahowill be prepared and will be circulated to all and which can be used by ITGOA while negotiating with the Board or HRD.

c. East Zone Secretary (Shri K.K. Nath, Orissa)

After the deliberations of NER & West Bengal, there is no point that remains to be discussed. Therefore, CHQ must take note of the suggestions of these two units and try to implement the suggestions made therein.

CHQ must pursue the court case relating to seniority of PRs & DRs and if we do not get justice in High Court, then we will have to move the Hon’ble Supreme Court.

None of our major demands are being achieved. We are only getting some small tit-bits. Therefore, it is time to think the very purpose of our Association and recast/rethink on all issues from ground level.

d. Central Zone Secretary (Shri S.N. Bhadra, MP & CG)

Each and every Unit and its members must support the excellent efforts of

CHQ on the litigation relating to DC to JCIT Promotion, as that has direct

bearing on the inter-se seniority of promotees and direct recruits in IRS and

if this not done correctly, there will be no future for promotees as a class.

HRD is acting partisan and hence we must demand for its scrapping.

The need for a strong JCA cannot be denied. But our members must know

that in the ITGOA Secretariat Meeting preceding the JCA Meeting, it was

unanimously decided that the ongoing agitation will not be withdrawn.

However, our JCA partners i.e ITEF had already decided to withdraw the

agitation. Despite our CHQ’s best efforts to convince, ITEF did not agree

for continuing with the agitation and finally ITGOA also had to agree for

withdrawal of agitation. Both the meetings was attended in the capacity of

ITGOA-Central Zone Secretary. Here also it was ITGOA which insisted

for a meeting with Member (P) and for assurances in writing in the minutes

before withdrawal of agitation, as a face saving measure.

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Minutes of ITGOA - MCM held at Khajuraho JCITs must be placed in PB-4 along with Addl CIT, as their nature of duties

are identical. Besides, this can ensure raising of GP for the grades below

upto ITO, who on promotion is getting an increase of mere Rs. 200/-.

ITGOA must demand for medical examination clause in APAR,

amendment to Section 153 for making the TB date as 31st March,

Operational Vehicles for ITOs also, Special Pay to Auidt/Central/Inv. Etc,

Laptops to all officers including AO/PS/Sr PS/Newly promoted ITOs,

reduction of work-load in TDS to realistic level.

CHQ must follow-up the Cadre Review such that it is approved within 2

months. In this regard we can meet Hon’ble FM, PM, also, if need be.

In all India Transfers, CHQ must be very careful that there are no arbitrary

denial of transfer sought, despite fulfilling the criteria.

e. Assistant Secretary (Shri Diwakar Singh, Bihar)

In the JCA Meeting at Mumbai, KKN Kutty Secretary General of ITEF had assured that there will not be any unilateral withdrawal of agitation by any constituent of JCA without the consent of the other partner. Still, ITEF chose to withdraw the agitation by stating that they are not in a position to continue with the same, even when nothing concrete was achieved.

In view of the above, ITGOA will have to forge ahead on its own strength. Innovative forms of agitation will have to be adopted, as stoppage of reports, Search & Survey action etc are all having its shortcomings.

As regards Civil List and litigation on seniority, one instance of an Addl. DIT working in HRD called all promotee officers as Dishonest, reveals the general mental set-up of DR IRS officers. Hence ITGOA must be vigilant. We can demand that HRD must be manned by outside professionals, who can be appointed on the basis of lateral entry suggested by 6th CPC.

f. Joint Secretary (Shri V.M. Jayadevan, Kerala)

Firstly, there is an urgent need to change the format of the meeting and discussion. Every Units must send their list of demands by E-mail well

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Minutes of ITGOA - MCM held at Khajurahobefore the meeting and in the meeting we must discuss the steps or strategy or road-map or methods of agitation to be adopted. There should not be only complaining or wishful thinking.

There can be no conclusion on the Civil List without the participation of affected persons. Shri Sitarama Rao has offered to prepare a correct Civil List with correct code nos. We can discuss further strategy thereafter.

Excessive work-load is the main problem, which will have to be addressed to. Board has solved this to some extent, by vesting the CCIT (CCA)s with powers to restrict the CASS and issuing Instruction to the effect that in all AIR cases, scrutiny be restricted to the AIR information only. But, no CCIT is using this power and even Assessing Officers are restricting the scrutiny to only AIR points, on the fear of Audit. ITGOA must finalise its strategy to lighten the work-load of its members. Here, refusal to hold additional charges, especially at different stations, must be seriously considered.

g. Additional Secretary (Shri R.S. Meel, Rajasthan)

On the litigation started by JB Singh against All India Seniority List of

ITO, the facts that Staff Selection Commission has expressed its inability to

provide All India ranking of inspectors except that of 1988 & 1989.

Besides, this All India ranking was available only for Direct Recruit

Inspectors who constitute only 1/3rd. Balance 2/3rd are promotees and who

do not have any common yardstick. Thus, there will be serious issues

arising, if the All India Seniority of ITOs are based on the All India ranking

of this minority class of Inspectors. Most importantly, as JB Singh was a

member of Gupta Committee which recommended DDOJ as the basis for

fixing seniority of ITOs in the All India List, he do not have any moral right

to agitate the issue before CAT or Court. We must form a group (consisting

of S/Shri Diwakar Singh, Arvind Trivedi, Raghvendra etc) who must visit

Lucknow and impress upon JB Singh to withdraw the petition.

Promotions to ACIT is delayed, although some work has already been

started and member’s patience is wearing out. We must try our best to

expedite the same. The present litigation on DC to JC promotion is a result of 35

Minutes of ITGOA - MCM held at Khajurahoof feudal attitude of some DR IRS Officers and CBDT’s general apathy.

CHQ deserves full kudos for extra efforts in highlighting correct position.

6. After summing-up of the discussions by Secretary General and President, the following decisions were taken :

a. On the issue of amendment to Section 153 for extending the TB date for scrutiny

assessment from 31st December to 31st March, it was decided that all the 18 Units

of ITGOA will write separate letter to the Finance Minister and Revenue

Secretary. Besides, the Units will also liaise with regional IRS Association,

Chamber of Commerce and regional council of Chartered Accountants and

request them to send similar requests to the Government. The letters should be

distinct and not on a common format, for being more effective.

b. On the matter relating to promotion from DCIT to JCIT, it was decided that as the

matter was sub-judice, no organizational action was possible at this stage. Hence,

for the time-being, CHQ will pursue the ongoing litigation in the best possible

manner, such as to safeguard the interest of our members. Secretary General was

authorized to engage the best possible lawyer/counsel and take this case to its

logical end, as the entire career of all promotee officers and all future promotions

to the grade of ACIT and all the grades below, will be affected by the decision in

the said case. All Units were asked to contribute liberally to the litigation fund,

over and above the minimum fixed.

c. On the draft Civil List of IRS-2011 issue, it was decided to authorize S/Shri Timir

Haran Chakraborthy, Vice President and Sitarama Rao, Ex-GS of AP Unit to

analyse the said draft civil list and to prepare a draft petition on behalf of all

members and send it by E-mail to all Units. Here, it was clarified that the letter

dated 17-01-2011 from JS (Admn) forwarding the said draft civil list, the last date

of 11-02-2011 was not for the members to submit their representations, as the said

letter was addressed to all CCsIT (CCA), calling for information such as to fill up

the blanks in the draft civil list.

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Minutes of ITGOA - MCM held at Khajurahod. On the matter concerning Out-sourcing, It was decided not to oppose outsourcing

of typing, data entry, housekeeping and security works in the department, as the

primary responsibility for these works was not on our members and that it was

becoming impossible by the day, for Government to employ these categories of

staff, either due to their non-availability (like stenos) or abolishing of Group ‘D’

by 6th CPC. Here, efforts must be made to take the local ITEF in to confidence.

e. On the work-load matter, CBDT has already empowered CCsIT(CCA) to reduce

the number of CASS, but very rarely this discretion is being used. Hence, all the

Units must follow-up with their CCIT and ensure that Work-load be maintained at

optimum level. Besides, on the suggestion with regard to refusal to hold

additional charge, the decision was deferred, considering the practical difficulties

in implementing the same.

f. On the litigation against the All India Seniority List of ITOs, S/Shri Diwakar

Singh, Asst. Secretary and Shri Arvind Trivedi, GS of UP(W) were authorized to

hold talks with Shri JB Singh, who is the initiator of the said litigation and

convince him to withdraw the case from the CAT. Besides, GS/President of all

the Units were asked to advise their members against any litigation, as that will

only result in avoidable delay in promotions.

g. On the matter with respect to resolution of TDS defaults and excessive work-load

because of TB date on 31-03-2011 for 2 years i.e. 2007-08 and 2008-09, CHQ

will follow-up with the Board for clarificatory Circular or Instruction and Units

will follow-up with CCIT(CCA) for posting additional staff in the TDS Wing.

h. On the matter relating to updating of website, Shri V.M. Jayadevan, Joint

Secretary, was asked to update the website after talking with Secretary General or

President. Further, the members should note that in the official website of

ITGOA, there were constraints against uploading individual opinions or

requests/suggestions. With respect to the suspected hacking, the matter was under

investigation by the Cyber Crime Dept. But, after preliminary investigation, it was of 35

Minutes of ITGOA - MCM held at Khajurahoevident that the attempt was not a full fledged hacking, but it was a sort of

renaming, which also is not acceptable, as it was playing with our Association’s

name. But, as the control of domain was not tampered with and contents of the

website was not meddled, there was no need to press the panic button.

7. Shri R.S. Meel, then proposed a vote of thanks to the Chair, Secretariat,

participants from all over the country, for the purposeful deliberations. The meeting then

concluded at 06.30 P.M. on 29-01-2011.

Sd/- ( RAJESH D. MENON ) SECRETARY GENERAL

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