Thursday, November 29, 2012

Seniority - Income Tax Inspectors - Direct Recruits vs Promotees - Direct Recruits win in Supreme Court. Apex Court has given a detailed verdict on 27.11.2012 and this would perhaps apply to Inspectors in Central Excise too.(TIOL-DDT 1992 dtd 29.11.2012,Thursday)


THE dispute on seniority between direct recruit and promotee inspectors in the CBDT and CBEC has been going on for ages at all possible forums. The appointment of Inspectors is by promotion from within the Department and by Direct Recruitment by Staff Selection Commission. The posts are allotted on a roster system and every vacancy is designated as P for promotees or D for Direct Recruits. The promotees are available in the Department and are appointed in the vacancies for a particular year. But the selection of Direct Recruits is a long process and takes at least two years. When a direct recruit inspector is appointed say in the year 1988, he may become senior to an Inspector who was promoted in 1986. Obviously, the promotees don't like this. "How can somebody who was in college when I was appointed as Inspector be senior to me", is their lament. This has its cascading effect while making promotions to the next grade of Superintendent/ITO.
Litigation has been going on for more than twenty years.

In case of Inspectors of Income Tax, the Supreme Court has given a detailed verdict on 27.11.2012. And this would perhaps apply to Inspectors in Central Excise too.

Judgement available on Taxindia (2012-TIOL-112-SC-SERVICE )
CLICK ME TO DOWNLOAD THE JUDGEMENT DTD.27.11.2012 IN CA .7514-15/2005

14 comments:

vivekeshwar varshney said...

When it will be implemented? The huge batch of 830 income tax inspectors selected in SSC-2005 and joined in 2008 will be having advantages of seniority after implementation of this order.

usha said...

The logic should be applied to all cadres - UDCs and LDCs also.

Unknown said...

As per the DOPT earlier instructions the inter-se seniority among Promotees and Direct recruit is to be considered for adjustment in the year in which DPC held for promotees and publication of result for Direct Recruitment by the SSC. Perhaps this fact has not been discussed in the judgement. Can we appeal against the judgement? - K. Chandra.

Unknown said...

As per "REPORT OF THE COMMITTEE CONSTITUTED TO EXAMINE MERGER OF ANALOGOUS POSTS,
ALL INDIA SENIORITY ETC. IN GR. ‘B’, ‘C’, & ‘D’
CADRES."
August 2004

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
.....
g) The inter-se seniority in Group ‘C’ executive cadres, upon various stages of merger, should be decided on the basis of date of publication of results and respective merit in the SSC examination for direct recruit officers and date of Departmental Promotion Committee meeting in respect of promotee officers. [Para 08.11 (vii)]

- This self explanatory order has not been discussed in the Judgement while deciding seniority among promotees and direct recruit Inspectors. Can we file appeal against the judgement of the Honorable Supreme Court on this ground? The DOPT, Govt. of India is requested to clarify its earlier clarification orders. - Fm. Kishore (Promotee Inspector)

Unknown said...

The dispute of seniority amongst Promotees and Direct recruit Inspectors was settled in the following Report:

“REPORT OF THE COMMITTEE CONSTITUTED TO EXAMINE MERGER OF ANALOGOUS POSTS,
ALL INDIA SENIORITY ETC. IN GR. ‘B’, ‘C’, & ‘D’ CADRES.
August 2004
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
01. ACKNOWLEDGEMENTS:
01.1 The receipts from Customs Duty, Central Excise duty and Service Tax contribute about two-thirds of the gross tax revenue receipts of the Central Government. The Central Board of Excise & Customs (referred to as the Board hereinafter) has of late undertaken several initiatives for simplification of duty rates and procedures without compromising the integrity of the tax administration.
01.2 The present exercise aimed at examining anomalies in promotion prospects in cadres at the cutting edge levels in the CBEC was an onerous task. ...
(Saurabh Chandra) (B.K.Gupta) (S.K.Bhardwaj) (Sandeep Prakash) (A.K.Prasad)
Member Member Chairman Member – Secretary Member
02. EXECUTIVE SUMMARY:
…….
02.3 ... The recommendations in this regard are summarized below: …
g) The inter-se seniority in Group ‘C’ executive cadres, upon various stages of merger, should be decided on the basis of date of publication of results and respective merit in the SSC examination for direct recruit officers and date of Departmental Promotion Committee meeting in respect of promotee officers. [Para 08.11 (vii)]

….

08.3 All India Central Excise Executive Officers Federation, Nagpur...Their other suggestions were as follows:-
(a) The merger of cadres within the existing posts i.e. Inspectors, Preventive Officers, Examiners should precede the merger of analogous posts so that existing intra-cadre disparities are removed.
(c) The seniority in the grade of Inspectors should be based on the date of publication of the results and order of merit in the SSC examinations.

(e) The promotees and persons recruited on compassionate grounds and in sports quota should be placed in the Seniority List on the basis of the date of their regular promotion/appointment.
……
08.11 In light of the position discussed above, the Committee concluded that the analogous posts/cadres in the department need to be merged within a specific time frame and as per a well defined road map. The milestones could be as below:-

vii) The inter-se seniority should be fixed at each stage for gradual merger. The seniority in Group ‘C’ should be determined on the basis of date of publication of results and merit in the SSC examination. In case of promotee officers the seniority should be fixed on the basis of date of promotion i.e. the date of DPC.”


In the light of above Report the DOPT is requested to defend its earlier clarifications/ Orders to protect the seniority disputes decided earlier.

mahen said...

All promotee officers should read first read Hon'ble Supreme Courts Judgment than comment on the issue. Mr. K Chandra the DOPT instructions you are referring to is O.M. No. 28011/6/76-Estt.(D) dated 24.06.1978 subject matter of which is “Starting point in the recruitment roster for the purpose of seniority – procedure regarding”. Even a lay man can understand that this OM is dealing with the subject regarding who will be placed on the 1st place in a recruitment roster a Direct Recruit or a Promottee(viz. when there are more than one mode of recruitment who will be placed on 1st position a DR or a promotee), it has nothing to do with the seniority of Direct Recruits as claimed by you. Please stop misleading the people by giving wrong examples.

Seniority should be determined on the principle prescribed by DOPT in O.M. NO. 35014/2/80 Estt (D) dated 7.2.1986 and 22011/7/86 – ESTT (D) dated 03.07.1986 only.

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