Name :
Civil List No. :
Posting/Add.:
To,
The Chairman,
Central Board of Direct Taxes,
North Block, New Delhi.
Sir,
Sub: Promotion as DCIT with effect from 01-01-2011 instead of prospective date - request for reconsideration -reg.
Ref : Order no. 126 of 2012 dt. 20-06-2012.
Kindly refer to the above and to the referred Order whereby I have been promoted as DCIT w.e.f the date of assumption of charge and my name appears at Sl. no. ____ of the said order.
2. Sir, I am an IRS Officer of 2006 batch, havingbeen promoted as ACIT against panel year 2006-07 vide Order No. ______dated 29-06-2007. As per Rule 7(3) read with Schedule-II including the note below it of IRS Rules 1988, I am eligible to be promoted as DCIT (Sr. Time Scale) w.e.f 1-1-2011 whereas in the Order under reference it has been mentioned from the date of assumption of charge.
3.Sir, the CBDT has consistently been following the practice of issuing DCIT promotion orders with effect from the 1stday of January, immediately on completion of 4 years as ACIT. But, in the instant order thepromotion is granted w.e.f the date of assumption of charge i.e. with prospective effect. This has caused two fold adverse impact i.e. financial lossdue to denial of difference in Grade Pay amounting to K1200 P.M.+ Increment @ 3% of Basic & GP + DA + other allowances, thereon for about 18 months i.e. from January 2011 to June 2012 and secondly, further promotion to the grade of JCIT will be delayed because qualifying service for being eligible to be promoted as JCIT (Junior Admn. Grade) is 5 years of regular service as DCIT (Sr. Time Scale). Further, the monetary loss will have a multiplier effect due to lesser amount of increment and also due to denial of higher pay on account of consequent delay in all subsequent promotions.
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4.The relevant IRS Rules 1988 are briefly mentioned here below :
As per Rule 7(3) read with Schedule-II of IRS Rules 1988, appointment in the grade of DCIT (Sr. Scale) shall be made by promotion from amongst officers in the next lower grade i.e. ACIT (Jr. Scale) with not less than 4 years regular service in such lower grade.Similarly, appointment in the grade JCIT (JAG)is made by promotion from amongst DCIT (Sr. Scale) with not less than 5 years in that grade.
As per note below Schedule-II of IRS Rules 1988, if an officer is considered for promotion to any higher post, all persons senior to him in such lower grade shall also be considered for the said promotion, notwithstanding that they may not have rendered the requisite number of regular service in such lower grade.
In the case of Promotees who are immediately above the last DR of a particular batch i.e. the PRs of a panel year who are rotated/matched with the DRs of the corresponding batch/year, in the ratio of 1:1, as per Rule 9(iii) of IRS Rules 1988, promotion to the grade of DCIT is effected w.e.f the date on which the last DR is promoted/appointed. This is in terms of the note below Schedule-II. The left-over Promotees of a particular year are bunched and kept at the bottom of that year and above DRs of next batch/year and such promotees are promoted/appointed as DCIT w.e.f 1st January of next year, when either the said PRs or the DRs of next batch would have completed 4 years as ACIT.
5.Sir, the instant action of CBDT vide Order No. 126 dt 20-6-2012 to grant promotion to the grade of DCIT from the date of assumption of charge, have resulted in discrimination in my case vis-à-vis Officers of earlier batches i.e. Upto the year 2005, who have all been promoted as DCIT immediately on completion of 4 years unlike in my case where the DCIT promotion has been granted after 5 years & 6 months, without any change in rules or circumstances. Thus, my further promotion as DCIT will be delayed by 18 months vis-à-vis such earlier officers as the eligibility for promotion as JCIT is 5 years regular service as DCIT (Sr. Scale). Here, your attention is drawn to Notifications dated 9-9-2010,8-12-2009 and10-10-2008 wherein the ACsIT of 2005, 2004 & 2003 batch werepromoted as DCsIT w.e.f 1-1-2010, 1-1-2009 & 1-1-2008 respectively.
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6.Sir, the action of CBDT in this regard is not correct and is objectionable, on the following grounds :
The inordinate delay of 18 months is not attributable to mefor which I am made to suffer both financial loss and also consequent delay in JCIT promotion. Here, I would like to submit that the DOP&T, OM for model calendar for promotion [DOPT OM No. OM No. 20011/9/1998-Estt.(D) dated8-9-1998], has not been complied by the CBDT which caused undue delay of 18 months in my promotion of DCIT. No amount of reasons can justify the delay of 18 months, causing both financial loss & delay in my future promotion. Further, the recent DOPT OM No. 20011/1/2006-Estt (D) dated 3-4-2012, it has been clarified that year of availability for the purpose of relative seniority for direct recruits and promotees would be same as prescribed in the model calendar for DPCs.
Discrimination vis-à-vis officers who were promoted as DCIT w.e.f 1-1-2010, 1-1-2009, in the earlier years, where even though the actual promotion was at a later date. This is because such officers have got the arrears due to the difference in Grade Pay and their further promotion is duly protected unlike that of present officers who are promoted as DCIT (Sr. Scale) with prospective date, even though there is no change in the facts and circumstances w.r.t the service rendered by all these officers & there is no change in the service rule.
Vide Notification No. 12 dated 22-6-2012, 38 JCITs have been placed in Selection Grade (Non functional) i.e. the grade of Addl. CIT in PB-4 with Grade Pay of 8700 w.e.f 1-1-2012. Here, it is pertinent to note that as per Rule 7(3) read with Schedule-II of IRS Rules 1988, appointment in the grade of Addl. CIT (JAG - Selection Grade) shall be made by promotion from amongst JCIT (JAG) who enter the 14th Year of service as Group ‘A’ in IRS. Thus, this appointment is also a promotion as per IRS Rules 1988and involves increase not only in Grade Pay from 7600 to 8700, but also movement from PB-3 to PB-4. Therefore, if this promotion can be ante-dated then there is no reason why promotion to DCIT for 2006 batch cannot be w.e.f 1-1-2011.
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7.Your kindself is therefore appealed to consider the above objection andsuggestions, such as to take remedial measures for making good the loss, both financial and career-wise i.e. Grant promotion to the undersigned as DCIT (Sr. Time Scale) w.e.f 1-1-2011 i.e. immediately on completion of 4 years as ACIT, as was the consistent practice till date, especially because the delay in promotion is not in any way attributable to me.For this act of kindness, I shall remain ever obliged.
Thanking you in anticipation.
Yours sincerely,
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