To All I.T.G.O.A members of Karnataka & Goa – Please express your views on further actions to get early ACIT promotions
The eagerly awaited ACIT DPC which was fixed for 18th December has run into rough weather due to Apex court decision in N.R.Parmar Case as DRs of Gujarat approached UPSC to defer the DPC. UPSC wrote back to CBDT whether to hold DPC or not. In the meeting with CHQ leadership on 17th, Member (P&V) assured that the DPC will not be stopped. However by the end of same day we came to know that board has asked UPSC to defer the DPC on the ground that the Apex court order has been referred to Law ministry and DOPT. This decision of CBDT smacks of utter indifference to the career aspirations of our members. It only exhibits that the Board having already delayed the DPC on flimsy grounds in scant regard to DOPT Rules, wanted another lame excuse to delay promotions. We strongly protest against such insensitive actions of CBDT.
This has triggered wide spread reactions from members who have been waiting eagerly for promotion. It is suggested by members that CHQ should take some serious action to compel CBDT to go ahead with promotions. The CHQ has sought views of all units about future course of action. Since there is no time to hold EC meeting, this mail is prepared to elicit opinion of all members and EC members. Your views may please be sent to me at email@example.com by 2 pm on 24th Monday on following issues.
1. Should we start an agitation on this single issue?
This year has already seen two agitations. While it is said easy to go for agitation, it is extremely difficult to make it effective and sustain it for a long time. The way agitations are suspended has come for a severe criticism from members. Presently most of the members are fully involved in TB work. Their pulse is not for any agitation. Keeping this ground reality in view we have to decide and inform CHQ should we start another agitation.
2. If at all we suggest starting an agitation, should it be under JCA or ITGOA alone?
Our past experience shows that whenever ITGOA went for agitation alone, it was not effective to the desired extent. After some time it almost fizzles out as works are carried out by ITEF and IRS officers. Keeping this in mind, in case we suggest starting an agitation, should we rope in JCA partner to agitation or should ITGOA go alone
3. If at all we suggest starting an agitation, what should be its method ?
Ours being an association of gazette officers, we cannot afford to strike work indefinitely. Strike is only an ultimate weapon, which should be used in rarest of the rare situations. Lest its value gets dissipated. Keeping this constraint in maid please suggest the steps and phases of agitation.
4. Should justice be denied ?
Those who have faced courts alone know how difficult it is getting justice from courts. ITGOA has both DRs and PRs as members. It cannot side with any group. It has to take care of welfare of all its members without any distinction.
Many members may not be aware that, the benefit which the Apex court has now given to DR Inspectors ( seniority from the date of initiation of recruitment process) is already being enjoyed by DR Inspectors from two regions i.e. Delhi and UP(West). While 16 CCA regions have followed year of joining seniority rule these two regions gave exam year seniority to their DR inspectors. There by DR Inspectors of these two regions have got quicker promotions vis-à-vis DR Inspectors of other 16 regions, including Karnataka & Goa.
Though the appellant in that case is not in the zone of consideration, it is not a denying fact that many DRs of earlier years ie. 1990, 1991, 1992 in Gujarat ( and from other 15 regions) will get justice from the way the SC has interpreted the DOPT OMs. Can ITGOA afford to neglect interest of those members ?
The implementation of Apex Court order will bring level playing ground among DR inspectors of all over India. For a moment we have to think is it not justified? Should ITGOA deny justice to a section of its members?
5. Any other alternatives we should suggest for CHQ? Adhoc promotions to ACIT ?
Whatever may be the good or ill effects of implementation of Apex court order, it takes years to resolve the problem. By which time many ITOs retire without promotion and many AC/DC will crumble due additional burden of addl charges. At the same time when such an order is there, we may not be able to compel CBDT to ignore it and go ahead with DPC. As we are aware, interpretation of law by Apex Court is final and binding on govt departments. Keeping this in view, launching an agitation to pressurize CBDT to ignore Apex court order may not acceptable to either CBDT or Govt or any court.
Could we draw a balance between immediate promotion and justice to all members by requesting for Adhoc promotions to ACIT cadre pending receipt of legal opinion from Dept of Law and DOPT?
The views of Karnataka and Goa unit will be formulated based on the views expressed by all members and after discussion among EC members/ officer bearers. Your views may please be sent to me at firstname.lastname@example.org by 5 pm on 26th Thursday on following issues.
GS, ITGOA, KTK & GOA