JCA circular dated 31.05.2010

JOINT COUNCIL OF ACTION

(Income-tax Employees Federation & Income-tax Gazetted Officers Association)

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Manishinath Bhavan, A2/95 Rajouri Garden, New Delhi 110027 Tel: 2510532 Telefax : 25105324

___________________________________________________________________________________

Joint Convenors,

Ashok B Salunkhe & Rajesh D Menon

M-12/ 31^st May, 2010

Dear Comrade,

The Central JCA met today at Mumbai. Taking into account the fact that there had been no progress in the resolution of the Charter of demands, which had been the subject matter of discussions with the Board for the past about two years, the meeting decided to embark upon a programme of action culminating in a day's strike action on 15^th July, 2010. The Charter of demand in pursuance of which the programme is chalked out is enclosed. The programme of action chalked out at the meeting is as follows:

On 7^th June, 2010 - Lunch Hour Demonstration with Mass Deputation to

CCIT(CCA) & submission of a memorandum.

From 8^th June, 2010 - Protest against Chairman & Member, CBDT on their visits

to different stations in the country.

On 30^th June, 2010 - Day Long Sit-in Dharna before all CCIT Offices.

On 15^th July, 2010 - One Day Strike.

From 20^th July, 2010 - Intensification of agitation with Non-Cooperation w.r.t

Search & Seizure, Survey and other areas of work.

The meeting also has decided that the Principal Office Bearers of the Two federations should embark upon a campaign programme covering all the Circles. The tour programme so chalked out is enclosed. The Circle JCA leaders are to keep in touch with them and arrange the campaign meeting conveniently at the respective places. The State JCA leaders will also similarly undertake tour to visit important moffusil stations to convey and explain to the mass of the members the Charter of Demands and the compulsion brought on the Central JCA in embarking upon the agitational programme.

The Central JCA solicits the co-operation of all leaders and members of the affiliated Federations in making the programme of action a grand success.

Yours fraternally,

Ashok B.Salunkhe Rajesh D.Menon

Jt. Convenors

C H A R T E R OF D E M A N D S

1. Stop outsourcing. CPC must function strictly as per Agreement reached with JCA.

2. a. Reimburse Mobile phone charges to all employees in the department

b. Sanction Laptops to all Gaz. Officers including newly promoted ITOs, AO,PS / Sr. PS,

on non-returnable basis.

c. Provide Desktop computers to all Group C employees.

3. Publish Civil List without any further loss of time, on the lines it was issued till 2006. Publish seniority list of Group 'B' 'C' & 'D' employees as per Board's instructions on an annual basis.

4. Transfer DCIT / ACIT (who have completed 2 years cooling period and with spouse / medical / compassionate grounds, etc.).

5. Fill up all vacant posts in the Department.

6. Conduct DPC for ACIT for RY 2009-10 immediately and Start the work for RY2010-11, DPC for DCIT as on 01/01/2010 and DPC for Jt. CIT for IRS of 2000 & 2001 batch.

7. Resolve Pay Anomalies arising out of 6^th CPC & Grant Grade pay of Rs.4,800/- to Private Secretaries and Administrative officers

8. After 4 Years of service ITO, AO, PS & Sr. PS must be placed in PB-3 with Grade Pay of Rs. 5400.

9. Implement the cadre composition as suggested by ITEF based on 6^th CPC report.

10. Honour the agreement with JCA on the Departmental Exams.

11. Dispose of all vigilance cases pending beyond one year.

12. Expedite the proposals submitted by Cadre Review Committee in toto.

Tour Programme of JCA Leaders

S.No	Date	Place	Visiting Leaders (Comrades)
1.	09.06.2010	Guwahati	KKN Kutty, Rajesh Menon, Amitava De, Timir Chakraborthy A.N.V.Iyer.
2	14.06.2010	Kolkata	Shanthi Kumar, KP Rajagopal, Ashok B Salunkhe, Rajesh Menon, Timir Chakraborthy, Mukteswar Prasad Singh
3	15.06.2010	Patna	Rajesh Menon, KP Rajagopal,Baswanand, MP Singh
4	-do-	Bhubaneswar	Shanthi Kumar, Ashok B Salunkhe
5	16.06.2010	Hyderabad	Shanthi Kumar, Ashok B Salunkhe, B.Sagadevan, B.Govardhan
6	-do-	Lucknow &	Rajesh Menon, KP Rajagopal,Diwakar Singh ,C.M.Badola
7	-do-	Kanpur	Rajesh Menon, KP Rajagopal,Diwakar Singh, C.M.Badola
8	17.06.2010	Delhi	Rajesh Menon, KP Rajagopal, R.S.Meel, C.M.Badola
9	-do-	Chennai	Shanthi Kumar, Ashok B Salunkhe,V.M.Jayadevan, B.Govardhan
10	18.06.2010	Bangalore	Shanthi Kumar, Ashok B Salunkhe, V.M.Jayadevan, B.Govardhan
11	-do-	Chandigarh	Rajesh Menon, KP Rajagopal,R.S.Meel & P.K.Vasudeva
12	21.06.2010	Ahmedabad	Rajesh Menon, KP Rajagopal,R.S.Meel, K.R.Jadeja,Y.S.Meena
13	-do-	Jaipur	Shanthi Kumar, Ashok B Salunkhe,Baswanand,P.K.Vasudeva
14	22.06.2010	Nagpur	Shanthi Kumar, Ashok B Salunkhe,DiwakarSingh Yeshwant Purohit
15	-do-	Pune	Rajesh Menon, KP Rajagopal,K.R.Jadeja, Y.S. Meena.
16	23.06.2010	Bhopal	Shanthi Kumar, Ashok B Salunkhe,Diwakar Singh, Yeshwant Purohit.
17	28.06.2010	Kochi	Rajesh Menon, Ashok B Salunkhe,B.Govardhan, B. Sagadevan
18	29.06.2010	Mumbai	Ashok B Salunkhe, Rajesh D Menon,K.R.Jadeja,Y.S.Meena.

JOINT COUNCIL OF ACTION

(Income-tax Employees Federation & Income-tax Gazetted Officers Association)

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Manishinath Bhavan, A2/95 Rajouri Garden, New Delhi 110027 Tel: 2510532 Telefax : 25105324

___________________________________________________________________________________

Joint Convenors,

Ashok B Salunkhe & Rajesh D Menon

Ref : JCA/CHQ/2010-11/1 31^st May, 2010

To,

The Chairman

Central Board of Direct Taxes

North Block, New Delhi – 100 001

Sir,

We solicit your kind reference to the charter of demands submitted by the central JCA on 18^th August, 2009, which was the subject matter of discussion with you and various other authorities of the Board in the past a year. Even prior to the formal submission of the said charter in August, 2009, the JCA had discussed these issues on several occasions. On 8^th September, 2009, after detailed deliberations, the Board promised us to settled these issues in a short period of time. Despite the lapse of about a year we regret to note that no progress has been made in settling the demands.

It was in this background that the Central JCA met today at Mumbai. The meeting reviewed the situation and has unanimously decided to embark upon a sustained agitational program, as detailed below, to protest against the inordinate delay in settling the issues and the insensitive attitude of CBDT :

On 7^th June, 2010 - Lunch Hour Demonstration with Mass Deputation to

CCIT(CCA) & submission of a memorandum.

From 8^th June, 2010 - Protest against Chairman & Member, CBDT on their visits

to different stations in the country.

On 30^th June, 2010 - Day Long Sit-in Dharna before all CCIT Offices.

On 15^th July, 2010 - One Day Strike.

From 20^th July, 2010 - Intensification of agitation with Non-Cooperation w.r.t

Search & Seizure, Survey and other areas of work.

We hope that the Board will pay a little more urgency in settling the issues.

Yours faithfully

Ashok B.Salunkhe Rajesh D.Menon

Jt. Convenors

Circular.No.27

INCOME TAX EMPLOYEES FEDERATION,

Manishinath Bhawan,

A/2/95, Rajouri Garden,

New Delhi 110 027

Telephone No : 2510 5324 Telefax 2513 1593

Website: itef.blogspot.com.

 

Circular No.27                                                                                     Dated: 8^th May, 2010

 

Dear Comrade,

 

Placement committee for transfer

Of employees.

 

            During the meeting of the Sectt. Of the ITEF which was held at New Delhi on 7^th May, 2010, it was brought to the notice by some comrades, that the Board had recently issued a letter to all Chief Commissioners of Income tax, directing them to constitute a local placement committee and effect transfers of all employees and officers in their respective charge only on the recommendation made by the said committee.  We reproduce the relevant paragraphs from the letter in F.No. 35015/20/2010-Ad. VI dated 5^th May, 2010. 

 

"2. It has been brought to the notice of the Board that some of the CCsIT (CCA) are not convening the local placement Committee meetings for transfer/posting of ITOs and Ministerial Staff and unilaterally passing orders without involving the members."

 

3. This practice of issuing orders unilaterally without following the requisite procedure is irregular and should be avoided at all costs.  It is hereby reiterated that henceforth the provisions relating to Local Placement committee contained in para 2.2. of the Transfer/Placement guidelines for officers of the Indian Revenue Service, CBDT, 2010 should be strictly adhered to.

 

We find that  the letter issued by the Board in this regard is not only irregular but contrary to the extant orders/instruction in the matter.  The  reference to the Placement committee is only made in the transfer guidelines of IRS Officers.  Such a requisition has not been made in the case of transfer guidelines issued by the Board in respect of Ministerial Staff and Income tax Officers.  It could be seen from the letter of the Board (the full text of which is given hereunder), the reference has been made to Para 2.2. of the Transfer/Placement  Guidelines for officers of the Indian Revenue Service, CBDT, 2010 dated 16.02.2010

 

The meeting, in the circumstances decided to take up the matter with the Board for withdrawal of the said communication or modification thereof.  We enclose herewith a copy of our communication sent to the Board in this regard.  The issue has been brought to the notice of the Chairman and the Member (Personnel) when the ITEF representatives called on them today.  A copy of our communication has also been endorsed to the DG (HRD) requesting him to take up the matter with the Board as the transfer guidelines for IRS officers had been finalized by his office.

 

We have also been informed by many affiliates that after the issuance of the above cited instructions by the Board, the AGT orders have been put on hold and in some cases had to be modified to accommodate the views of the Placement Committee members.  We are of the considered opinion that the present instruction of the Board would create unnecessary and insurmountable difficulties in the field formations especially in the matter of promotion/transfer etc.  It would not be possible to have any meaningful negotiation with the Chief Commissioner of Income tax (CCA) on this vital issue. 

 

It is, therefore, necessary that this issue should merit pursuance through agitations and suggest that all Circles should organize protest demonstration immediately on receipt of this communication and send the following resolution by fax to the Chairman, CBDT.

 

This meeting of the members of the ITEF/ITGOA jointly held on………….resolves to request the Chairman, CBDT to ensure that the letter issued by the Board under F.No. 35015/20/2010-Ad.vi. dated 5^th May, 2010 is immediately withdrawn.

 

We have been informed by Com. Shanthi Kumar, President ITGOA that he has written to the Chairman almost on the same lines and has demanded withdrawal of the said letter.(A copy of his letter has been endorsed to us).   We have also requested Com. Rajesh Menon, Secretary General to kindly advise his State Secretaries to explore the possibility of holding joint protest demonstration as is convenient to all concerned. 

 

We, therefore, request you to kindly get in touch with the State Secretaries of ITGOA and organize the demonstration jointly

 

Trade Union class for functionaries.

Please recall the decision taken in the XXVII All India Conference held at Mumbai that the ITEF Chq. May take necessary staps to organize Trade Union Classes to the functionaries of our movement in Circle and branch levels. It was also decided that the classes must be held together for atleast two Circles so that there will be some useful interaction between the comrades of different  charges.  Accordingly, Tamilnadu Circle of ITEF has taken the initiative to organize a two day Trade Union Educational Seminar for the functionaries of ITEF of Tamilnadu & Kerala Charges.  The Seminar will be held at Coimbatore on 21^st and 22^nd May, 2010.

 

It is requested that all circles should take necessary steps to organize such class. The Chq has prepared  a model topics, faculty and programme for  the Coimbatore  seminar.  On the basis of the experience we gain from the Coimbatore Seminar, we shall prepare the programme for each two circles in consultation with all concerned in due course.

 

            With greetings,

Yours fraternally,

 

Sd-

(Ashok B Salunkhe)

Secretary General.

Copy of letter of Board's F.No. 35015/20/2010 ad. VI. Dated 5^th May, 2010 Addressed to  All Chief Commissioner of Income tax (CCA),

 

Sub: Transfer guidelines of Local Placement Committee- Regarding-

 

Sir,

 

            I am directed to invite your attention to para 2.2 of the transfer/placement Guidelines for Officers of the Indian  Revenue Service, CBDT, 2010 dated 16.02.2010, which is reproduced below:

 

i)                    In each region under a cadre controlling Chief Commissioner of Incometax, ther shall be a local Placement Committee consisting of:

 

a)      Cadre Controlling Chief Commissioner of Income Tax,

b)      DGIT (Inv.) and

c)      The senior most Chief Commissioner whose jurisdiction falls within the region of the Cadre Controlling CCIT in respect of CCIT Regions at stations listyed in 43(i)(a); and all the other Chief Commissioners in case of other regions.

 

ii)                   The local Placement Committee  will consider the intra-region transfers of Officers below the rank of Commissioner.  All postings by the Local Placement Committee will be in accordance with the provisions of these guidelines.

iii)                  

2.It has been brought to the notice of the Board that some of the CCsIT(CCA) are not convening the Local Placement Committee meetings for transfer/postings of ITOs and ministerial staff and unilaterally passing orders without involving the Members.

 

3. This practice of issuing orders unilaterally without following the requisite procedure is irregular and should be avoided at all costs.  It is hereby reiterated that henceforth the provisions relating to Local Placement Committee contained in para 2.2. of the Transfer/Placement guidelines for Officers of the Indian Revenue Service, CBDT, 2010 should be strictly adhered to.

                                                                                                Yours faithfully,

                                                                                                            Sd-

(A.K.Chaturvedi).

                                                                                                                 Deputy Secretary to Govt. of India.

 

Copy of ITEF letter in N-1/2010 dated 8^th May, 2010 addressed to the Chairman, CBDT.

Shri S.S.N.Moorthy,Chairman,Central Board of Direct Taxes,

North Block,New Delhi-110 001.

 

Sir,

 

            Sub:     Transfer/Placement- Guidelines for Local Placement Committee-

                        Regarding-

            Ref:      Board's F.No. 35015/20/2010-Ad.VI dated  5^th May, 2010-

                                                ===================

            We solicit your kind reference to the Board's letter cited.  We have on a number of occasions brought to the notice of the Board the difficulties our members face due to the procedures contained in the said instructions.  We have also pleaded for not extending the said Transfer/Placement Guidelines (primarily envisaged for the transfer/placement of Officers) to the transfer and postings of Group C and D Staff members.  The Transfer norms for Group C & D were approved by the Board way back in the year 1979.  Taking into consideration the specific requirement of each state/circles, the transfer norms for Group C & D are discussed at the Regional JCM and finalized on mutual agreement.  It has been reported to us from many Charges that due to the interference of the Placement Committee every time a transfer is required to be made, insurmountable difficulties have been caused in the smooth functioning of the administration as also to the staff members, besides causing unavoidable delay in promotion postings etc.  We therefore,  request you to kindly withdraw the above instructions and restore the procedure of Transfer/Placement of Group C & D Staff members as per the transfer guidelines issued with the necessary modification agreed upon in the respective RJCM.  Or in the alternative, we suggest the following modification to the said instructions contained in the letter cited.

 

1.      The Local Placement Committee's role must be limited to Annual General Transfer only, as for the present arrangement of seeking approval of the placement Committee for even a single person's placement on promotion is creating unnecessary delay in promotions and placements.

 

 

2.      The Placement Committee must be headed by the CCIT(CCA) with whom the transfer norms/procedures are discussed and finalized.

 

3.      The Placement Committee must not be entrusted with the authority to deviate from the existing transfer policy evolved on mutual agreement.

 

We request for an immediate intervention in the matter as the AGT in many charges have been held up in the wake of the issuance of the above instructions.

                                    ……………………