INCOME TAX EMPLOYEES FEDERATION,
Manishinath Bhawan, A/2/95, Rajouri Garden,
New Delhi 110 027
Telephone No : 2510 5324 Telefax 2513 1593
Mobile 98110 48303e-mail : itef@sify.com
Website: itef.blogspot.com.
No. itef/08/2009 Dated: 11th May, 2009.
Dear Comrade,
Items finalized for the departmental
Anomaly Committee
We have placed on the website of the ITEF the items we have finalized and forwarded to the Chairman, Departmental Anomaly Committee for inclusion as agenda for discussion at the Committee meetings. We request you to kindly go through the same critically and immediately inform us whether any more items are to be included and if so kindly send us a brief thereof. We are to submit the items within six months of the setting up of the Committee The Committee that has been set up by the Department of Revenue is vide their letter dated 6th Feb. 2009, the full text of which has already been placed in our website. Even though the last date for submission of the items might be in August, 2009, it is necessary that we submit the same as early as possible.
Since we will be meeting in the Central Working Committee meeting at Daman by the middle of next month, we request you to kindly ensure that any fresh item of anomaly is forwarded to us before that date so that a final decision in the matter could be taken by us at the CWC meeting.
We also request you that the renewal fees from all members are to be deducted from the salary of April, 2009. The same on deduction is to be remitted to the CHQ. This apart we are to give fresh declaration from each member to the Chief Commissioner this year for the purpose of verification of membership and grant of Recognition. Please meet the Chief Commissioners and ensure that the reply to the Board's letter in this regard (which has again placed on our website) is sent without further delay. In fact our recognition has already expired in July, 2008 and the continuation thereof would depend upon the report the Board received on verification of membership. Please also remind the Branch Secretaries to remit the renewal fees to the CHQ immediately as they might have already got it deducted from the salary of the concerned members.
The Federation has decided to maintain a register of membership as per the provisions of the Constitution of ITEF. The register will be maintained circle wise. After the declarations are obtained and submitted t the Chief Commissioners, kindly send us a list of members (cadre wise, alphabet wise) in CD. The CD may kindly be prepared before the CWC meeting so that it could be handed over to our Finance Secretary at the CWC meetings.
We have also taken up with the Board for issuance of a clarificatory order in respect of grant of advance increment as many of the Zonal Accounts officers on flimsy grounds had been raising objection wherever the increments had been granted. We are placing that letter also on the website so that you may be in a position to effect meet the objections raised by the Zonal Accounts officers.
With greetings,
Yours fraternally,
Ashok Salunkhe.
Secretary General
Copy of ITEF letter in P5A/(Vol.II) 2009 dated 11th May, 2009 addressed to Shri K. Jose Cyriac,Addl. Secretary, Department of Revenue and Chairman, Departmental Anomaly Committee Department of Revenue..
Sir,
Sub: Agenda Items for the Departmental anomaly committee
Ref: O.M . No. F.No. 7/5/2009-Coord. Dated 6.2.2009 from the Department of Revenue, Ministry of Finance. Govt. of India.
We send herewith the following five items (along with brief explanatory note) for inclusion in the agenda for the Departmental anomaly committee on behalf of Income Tax Employees Federation, concerning issues arising from the VI-CPC recommendations, which are to be discussed in the meetings of the committee and settled.
1. Assigning Grade pay of Rs 4600 for Inspectors of Income Tax,
2. Re-designation of the Posts of Sr. Tax Assistant, Office Superintendents, Stenographers Grade-I and II as Executive Assistants.
3. Upgradation of the Post of Tax Assistants and Stenographers Gr. II as Executive Assistants
4. Upgradation of the post of LDCs as Executive Assistants.
5. Integration of Staff Car Drivers in the cadres of Tax Assistant/Exe. Assistants.
Thanking you,
Yours faithfully,
SD/-
K.P.Rajagopal
President
Copy to:i) Shri P.Balagopal, Joint Secretary (Admn.), CBDT, North Block, New Delhi.
ii) Shri P. Narayanan, Director (Ad-IX & VII), CBDT, NewDelhi.
iii) Directoro (Coord), Department of Revenue, North Block, New Delhi.
Item No. 1 Assigning grade Pay of Rs 4600 for Inspectors of Income-tax.
CCS (Revised Pay) Rules 2008, in part 'B' – Section – I - para (ii), under the head revised pay scales for certain common categories of staff, at page no. 44 and in part 'C' – Section – I - para (ii) under the head revised pay structure for certain posts in ministries, departments and union territories at page no.49 states as under :
"On account of merger of pre-revised pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, some posts which presently constitute feeder and promotion grades will come to lie in an identical grade. The specific recommendations about some categories of these posts made by the Pay Commission are included Section II of Part B. As regards other posts, the posts in these three scales should be merged. In case it is not feasible to merge the posts in these pay scales on functional considerations, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 should be merged, with the post in the scale of Rs.6500-10500 being upgraded to the next higher grade in pay band PB-2 i.e. to the grade pay of Rs.4600 corresponding to the pre-revised pay scale of Rs.7450-11500. In case a post already exists in the scale of Rs.7450-11500, the post being upgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450-11500."
In the income tax Department, the Senior Tax Assistants were in the scale of pay of Rs. 5000-8000, the next promotion grade of Office Superintendents, who are the supervisory officers of the Senior Tax Assistants were in the scale of pay of Rs. 5500-9000. The Inspectors of Income tax, whose functions were executive in character and are stipulated as a statutory authority under the Income tax Act, who have been assigned specific duties connected with the completion of assessments and investigation etc. were in the scale of pay of Rs. 6500-10,500. The Inspectors of Income tax were all along considered to be on par with the Inspectors in the CBI, IB and other Para Military organizations. The 5th Central Pay Commission had assigned a lower scale of pay of Rs. 5500-9000 to the Inspectors of Income tax whereas a higher scale of pay of Rs. 6500-10,500 had been assigned to the Inspectors of IB, CBI and para military organizations. This anomaly was set right in 2004 through a specific order issued by the Department of Expenditure. The 6th CPC has assigned the grade pay of Rs. 4600 to the Inspectors of IB, CBI and para military organizations, whereas the Inspectors of Income tax were clubbed with the cadre of Executive Assistants, the nomenclature provided by the 6th CPC to the amalgamated composite cadre in replacement of the cadres in the time scale of pay of Rs. 5000-8000 and 5500-9000. This apart, presently the Recruitment rules of Inspectors stipulates 1/3rd vacancies to be filled by direct recruitment and the rest through promotion from among the qualified and eligible candidates working in the cadres of Senior Tax Assistant and Office Superintendents. These candidates are to qualify in a Departmental Examination with a very high percentage of marks, which consist of Seven papers. The feeder and promotion cadres are now placed in the same PB and grade pay. The above recommendation of the 6th CPC therefore has to be implemented in the case of Inspectors and they are to be placed in the PB 2 with grade pay of Rs. 4600, which would incidentally bring about the parity that was all along in existence with the Inspectors of Para military forces, IB and CBI.
Item No. 2. Redisgnation of the Posts of Sr. TA, OS and Gr.I and II as Executive Assistant.
The recommendations of the 6th CPC vide para 3.1.12 and 3.1.15 are reproduced hereunder:-
"3.1.12. Simultaneously all future recruitment to CSS/CSSS/analogous Secretariat and Stenographers Cadres in non participating Ministries/organizations in the scale of Rs. 6500-10500 will be made as Executive Assistant minimum recruitment qualification for which would include graduation and one year diploma in computers, no recruitment should henceforth be made in the grade of Stenographers carrying the scale of Rs. 4000-6000. All the vacancies arising in this case of Rs. 4000-6000/Rs. 6500-10500 in CSS/Analogous cadres and in the cadre of Rs. 6500-10500 in CSS/Analogous cadres would henceforth be filled up recruitment of Executive Assistants. These Executive Assistants will discharge the functions presently being carried out by Assistants as well as the private secretaries and in their case the cadres of CSS/CSSS and analogous cadres in other non participating ministries/organizations will be merged for promotional and all other purposes. In so far as present incumbents to CSS/CSSS and analogous cadres in other Non participating Ministries/organizations are concerned they may continue as distinct cadres till the time the Administrative Ministries evolve a procedure for their job enlargement/enrichment retraining and redeployment."
"3.1.14. In accordance with the principle established in the earlier paragraphs parity between field and Secretariat offices is recommended. This will involve merger of a few grades. In the stenographer cadre, the posts of Stenographers Gr. II and Gr. I in the existing scales of Rs. 4500-7000/Rs. 5000-8000 and Rs. 5500-9000 will therefore, stand merged and be placed in the higher pay scale of Rs. 6500-10500. In the case of Ministerial posts in non secretariat offices, the post of Head Clerks, Assistants, Office Superintencdents and Administrative officers, Gr. III in the respective pay scales of Rs. 5000-8000, 5500-9000 and Rs. 6500-10500 will stand merged."
"3.1.15 simultaneously separate recruitment to the Ministerial and stenographer cadres in the field offices shall cease immediately. All future recruitment in the pay scale of Rs. 6500-10500 corresponding to the revised pay band PB2 or Rs. 8700-34800 along with grade pay of Rs. 4200 for every field office shall be made as Executive Assistants whose qualification as well as method of recruitment shall be as prescribed for Executive Assistants in the Secretariat. 50% of the posts in this grade shall be filled by direct recruitment of candidates possessing minimum qualification of a graduate degree and one year diploma in computer. The existing incumbents in the Ministerial and Stenographers Cadres in the field offices shall continue as distinct cadres till the time the administrative Ministry concerned a procedure for their job enlargement/enrichment, retraining and redeployment in one unified cadre."
In Income-tax Department, the cadres that are to be merged and made into a composite one with the nomenclature as Executive Assistants are, Senior Tax Assistants, Office Superintendents, Stenographer Gr. II and Stenographer Grade I. having the respective pay scale of Rs. 5000-8000 and Rs. 5500-9000 There are 13,812 posts in these four grade in the department presently. They are to be re-designated as Executive Assistants and the recruitment rules amended as per the recommendation of the 6th CPC.
2530 posts of Office Superintendents had been assigned the supervisory functions of 8278 Senior Tax Assistants, 9768 Tax Assistants, 311 posts of LDCs and 11343 sub-staff in various other Group C and D cadres. After the merger of these grades, no supervisory grades would become available other than the Administrative officers Grade III, whose number presently is 774. They will be awfully inadequate to supervise the functions of the large number of employees, whose number would increase by the merger of Stenographers Cadres into the Executive Assistants i.e. by 3004. Since presently the Administrative Officers Gr. III also stand merged with the Executive Assistants, unless they are upgraded to the grade pay of Rs. 4600, for which recommendation has been made separately and accepted by the Govt. and reflected in the revised pay rules 228, the situation would be unmanageable. It is therefore necessary that the Department should assess the requirement of the Administrative Officers Gr. III and upgrade the required number of Office Superintendents as Administrative Officer Gr. III with grade pay of Rs. 4600.
Item No. 3 Upgradation of the posts of Tax Assistants./ Steno.Gr.III as Executive Assistant.
The sanctioned strength of Tax Assistants in the department presently is 9768 (before the ADR 2008-09). Once the ADR for 2008-09 is completed the number is further to be reduced. The men in position in this cadre as on 31.12.2008 were 7196. In the case of Stenographers Gr. III, the sanctioned strength is 2003 of which the working strength as on 31.12.2008 was 185. The recruitment rules for Tax Assistant prescribe direct recruitment to the extent of 75% and in the case of Stenographer the same is 100%. While the educational qualification prescribed for the Tax Assistant is Graduation with computer speed of 8000 character depression per hour and in the case of Stenographers the educational qualification prescribed is matriculate with stenographic qualification. As could be seen from the present working strength, the number of such stenographers in the Department of the sanctioned strength of 2003 is just 185. For the non availability of candidates, recruitment has not been taking place in this cadre for quite long time. Therefore, the major chunk of the combined posts of Tax Assistants and Stenographer III is Tax Assistants and as per the recommendation of the 6th CPC in para 3.1.12( reproduced hereunder) no further recruitment in this cadre is permissible hereafter and the recruitment has to be made only in the grade of Executive Assistants.
"3.1.12. Simultaneously all future recruitment to CSS/CSSS/analogous Secretariat and Stenographers Cadres in non participating Ministries/organizations in the scale of Rs. 6500-10500 will be made as Executive Assistant minimum recruitment qualification for which would include graduation and one year diploma in computers, no recruitment should henceforth be made in the grade of Stenographers carrying the scale of Rs. 4000-6000. All the vacancies arising in this case of Rs. 4000-6000/Rs. 6500-10500 in CSS/Analogous cadres and in the cadre of Rs. 6500-10500 in CSS/Analogous cadres would henceforth be filled up recruitment of Executive Assistants"
Since this cadre has to be gradually wiped out as per the above recommendation, we demand that these posts may be upgraded to that of Executive Assistants in a phased manner as per the availability of the existing personnel becoming eligible to be promoted as under:-
The Tax Assistants who are graduates may be immediately promoted as Executive Assistants by up-gradation of equal number of posts of Tax Assistants .Those Tax Assistants who are not graduates but have completed six years of service may also be promoted as Executive Assistants by up-gradation of equal number of posts. The rest of the Tax Assistants, who are not graduates and who have not completed the requisite number of years of service i.e. six years may be promoted as and when they complete the six year service by similar up-gradation of posts.
In the case of Stenographers Gr. III, those who are graduates may be immediately promoted and those who are not but have completed six years of service may also be immediately promoted as Executive Assistants. The rest of the stenographers Gr. III may be promoted on phased manner as and when they complete the requisite number of years of service i.e. six years. As and when they are promoted those posts may be abolished to create equal number of posts in the grade of Executive assistants.
Item No. 4 Upgrade the post of LDC as Tax Assistants.
The 6th CPC has recommended for the up-gradation of all Group D posts as Group C and make it a multi skilled cadre with recruitment qualification being matriculation here-afterwards.
"2.29……While a separate running pay band designated -1S pay scale is being recommended for posts belonging to Group D however, the same shall not be counted for any purpose as no future recruitment is to be made in this grade and all the present employees belonging to Group D who possess the prescribed qualification for entry level group C will be placed in the Group C running Pay band straight away with effect t from 1.1.2006. Other Group D employees who do not possess the prescribed qualification are to be retrained and thereafter upgraded and placed in the Group C running pay band."
There are only 311 posts of LDCs in the Department. In fact the proposal mooted by the Department in 2001 at the time of cadre restructuring in the wake of whole scale computerization of the departmental functions was to abolish the posts of LDCs. However taking into account the requirement of providing promotional avenues for the Group D Employees, a small number of posts were retained with 100% promotion as the mode of recruitment. The Notice servers, which is presently recruited mostly by way of promotion from Group D Cadre is a feeder cadre for promotion as LDCs. As per the recommendation of the 6th CPC, (Para 7.15.18 reproduced hereunder), the notice servers have been placed in PB 1 with grade pay of Rs. 2000/- whereas LDCs are placed in PB1 with grade pay of Rs. 1900.
"7.15.18. Historically parity has existed between the posts of Constables in CPO and Notice Servers. The Commission has recommended that all the constables in CPOs shall be placed in the pay scale of Rs. 3200-4900. The Notice servers will also be similarly upgraded and placed in the scale of corresponding to the revised pay band PB 1 of Rs. 4860-20200 along with grade pay of Rs. 2000."
The incongruity of the feeder cadre being in a higher grade pay than that of the promoted posts has to be removed. Since LDC being a common category, a separate dispensation for the Income tax Department alone is not feasible. We therefore suggest that the small number of posts i.e. 311 may be integrated with the existing posts of Tax Assistants and the personnel employed in the cadre may be given in service training and allowed to acquire a computer data entry speed of 5000 Character depression (which is the prescribed qualification for promotion presently stipulated in the recruitment rules of Tax Assistants for filling up 25% of the vacancies) and then placed in that cadre and the cadre of LDCs totally abolished as it servers no functional requirement in the Department.
Item No. 5 Permit the staff car drivers who have the requisite qualification to become executive Assistant either by promotion or by placement
As recommended by the 5th Central Pay Commission, the Government had dispensed with the practice of purchasing vehicles both for operational purpose and as staff cars. Presently most of the vehicles are hired and quite a number of vehicles having been run the requisite number of kilometers have been condemned. Due to the ban on purchase of vehicles, the condemned vehicles were not replaced. This has created a piquant situation in as much as quite a number of Staff Car Drivers who had been appointed years back have become surplus while the number of staff cars and other operational vehicles have increased manifold over the years run by private contract operators. As the present practice of hiring vehicles is likely to be continued more and more number of drivers would be rendered surplus. Very recently the Govt. has issued orders permitting the department to purchase cars against the ones condemned. Many of the existing drivers are in the higher pay scales of Rs. 4000-6000, 5000-8000 and 5500-9000. Only very few of them are in the pay scale of Rs. 3050-4590. (In fact none of them is likely to be in the entry grade). Since the staff car drivers would be a dying cadre, we suggest that the existing drivers may also be integrated into the cadre of Tax Assistants/Executive Assistants as the case may be depending upon the scale in which they are presently placed and the academic qualification they possess by giving them in service training for acquiring the computer data entry speed of 5000 character depression as has been suggested in the case of LDCs. Only those who do not possess the requisite educational qualification may be allowed to continue as Drivers. Presently the sanctioned strength of Staff Car drivers in the Department is (94,127 495 = 716) of which the working strength is 696.
Hh
INCOME TAX EMPLOYEES FEDERATION
Manishinath Bhawan A/2/95 Rajouri Garden,New Delhi. 110 027.
www.itef.blogspot.com email: itefcentral@gmail.com.
Telefax. 2510 5321; 6543 1807
President: K.P. Rajagopal. Secretary General: Ashok B Shalunke
Copy of ITEF letter in No. N-1/2009 dated: 8th May, 2009 addressed to Shri S.S.N. Moorthy, Chairman, Central Board of Direct Taxes, North Block, New Delhi on the grant of advance increment for passing the Departmental Examination.
Sir,
Sub: Grant of Advance increment for passing
Departmental Examination-Clarification regarding-
The grant of advance increment in the Income-tax Department for those who clear Departmental Examination was introduced in the year 1955 vide F No. 2(20)/Ad-VII/53 dated 24.7.1955. The scheme of advance increment underwent various changes thereafter and the present scheme in vogue came in being on the issuance on a comprehensive letter issued by the Board vide F No. A-26017/44/94/Ad-IX dated 20.10.1994, copy of which is enclosed.
As per the above sited order the LDCs,UDCs, and Inspectors were entitled to draw advance increment for passing the Departmental Examination prescribed for the grades higher than the grades than they are working. The scheme of advance increment was also made applicable for Stenographer Gr. III on passing Inspectors Exam. and Head Clerk & Stenographer Gr. II on passing the ITOs examination.
After the Cadre restructuring of the Department undertaken and implemented in the year 2001, the nomenclature assigned to various cadres underwent certain changes. The new designation of the cadres existing prior to 2001 has been indicated by the Board in the order dated 24.10.2000. Copy of the said order of the Board is also enclosed for ready reference.
We give hereunder in tabular form the cadres entitled for advance increment as per the orders of the Board dated 20.10.1994 and the corresponding new designation for those cadres assigned by the Board by its order dated 24.10.200..
| S.No | Designation of existing post | Pay scale of existing post | Redesignation of posts on restructuring | Pay Scale. |
| 8 | ITI | 5500-175-9000 | ITI | 5500-175-9000 |
| 12 | Office Suspdt. | 5500-175-9000 | Office Supdt. | 5500-175-9000 |
| 13 | Head Clerk | 5000-150-8000 | Sr.Tax Asstt. | 5000-150-8000 |
| 14 | Tax Assistant | 4500-125-7000 | -- |
|
| 15 | UDC | 4000-100-6000 | Tax Assistant | 4000-100-6000 |
| 19 | Steno Gr. I | 5500-175-9000 | Steno Gr.I | 5500-175-9000 |
| 20 | Steno Gr. II | 5000-150-8000 | Steno Gr. II | 5000-150-8000 |
| 21 | Steno Gr.III | 4000-100-6000 | Steno Gr.III | 4000-100-6000 |
| 22 | LDC | 3050-75-3950-80-4590 | LDCs | 3050-75-3950-80-4590 |
The Zonal Accounts Officers in various charges had been raising objections as and when the bills are prepared by the field formations for the grant of advance increments for those who qualify the Departmental Examination. Even though these objections are untenable, the CCsIT have not been in a position to meet these objections adequately and convincingly in the absence of any clarificatory order from the Board.
This issue came for discussion before the Chairman CBDT on 4.3.2009 and again on 22.4.2009. The representatives of this Federation agreed to make a comprehensive submission in this regard to enable the Board to issue such a clarificatory order. Hence this letter.
We therefore, request that necessary direction may be issued to the concerned to issue clarificatory order unambiguously indicating the designation of personnel who are entitled to grant of Advance Increment on passing the Departmental Examination. (On having taken up this matter by some of our field formations with concerned CCsIT, certain clarificatory orders were issued by some of the CCsIT. We enclose one of the orders issued by the CCIT, Guwahati).
O0o
Copy to: Shri P.Balagopal, Joint Secretary, Central Board of Direct Taxes, North Block, New Delhi.
Copy of Board's letter in F.No. A 26017/44/94. Ad.ix dated 20th October, 1994 addressed to the Chief Commissioner of Incometax, Kanpur..
Sir,
Sub: Grant of advance Increment to Head Clearks and Stenographers (Sr. Grade) on passing the Departmental Examination for Inspectors-Clarification regarding-
………………….
Please refer to your letter No. CCIT/KNP/Estt./CC/93-94/2489 dated 21.9.1994 on the above subject.
2.The grant of advance increment was first sanctioned vide Department of Revenue letter No. F No.2(20)Ad-VII/53 dated 24.7.1955, to LDCs, UDCs & Inspectors for passing the Departmental Examination prescribed for the grades higher than those in which they are working. This concession was further extended to Stenographer Gr. III on passing the Inspectors Examination and Head Clerks and Stenographers Gr. II on passing the ITOs Examination vide letter F No.6/83/57-AD-IX dated 8.12.1960. In Board's letter F No. A-26017/67/80-Ad-IX dated 6.4.1983, the restriction of Pay to the minimum of the pay scale of Inspectors /ITO was removed. Further, in Board's letter F No. A-26017/67/80-Ad-IX dated 9.8.1983 iot was clarified that two advance increments could be granted irrespective of the year or date of passing the Departmental Exams. The concession of advance increment was not extended to any other fresh category of staff except those to whom these concession had earlier been sanctioned. As indicated above the question of grant of advance of advance increments to Head Clerks or Stenographer Gr. II for passing the Inspectors Dept. Examination does not arise at this stage. Moreover, passing of the examination itself it an incentive to an employee to become eligible for appointment to a higher post on passing of such an examination. On these considerations the existing scheme of advance increment needs to be abolished. However, considering that in the Income-tax Department, the benefit of two advance increment is already admissible to some category of employees; it would be difficult to withdraw this incentives at this stage. It has, therefore, been decided while the existing scheme of grant of various advance increment for Income-tax side may be continued on historical ground, no fresh categories of staff can be added to this scheme.
3.In the light of the above position, the pending representations in your charges may be rejected on the above lines and individuals inform suitably.
Yours faithfully,
Sd/-
(D.M.L.Malhotra)
Deputy Secretary to Government of India