Juniors are superseding seniors in promotion
Sanjay
(Querist) 20 April 2014
This query is : Resolved
I have joined Income tax dept as direct Inspector in Nov 2008. A Apex Court decision came on 27.11.2012 wherein it was held that seniority of direct Inspector is to be taken from initiation of recruitment process. Hence, My batch should be given seniority from 2005 i.e initiation of recruitment process. There was no DPC held in F.Y 2013-14. I qualified departmental exam for promotion to ITO in 2013.In the mean while restructuring finalized in Dept, by which major additional seats for ITO are declared by the CBDT board. Now in in F.Y 2014-15 eligibility list is published.For F.y 2013-14 I am not considered because was not fulfilling eligibility criteria of passing departmental exam as on 01.1.2013. I am considering for F.Y 2014-15. There is approx 200 seats in F.Y 2013-14 for promotion in ITO. Due to which juniors of mine who have fulfilled eligibility criteria will be promoted. My question is I am eligible before DPC . Should I be considered for F.Y 2013-14. Is there any provision of merger of seats of F.Y 2013-14 & 2014-15? One more Point is in my Mind that if Apex court decision was not announced I will not lose my seniority because some of candidates of my batch will be considered in DPC for F.Y 2013-14 as per old seniority from 2008. Apex court decision was like a sudden change in rule.Before its pronouncement no one was aware of it. Due to this sudden change in rule, I am losing my seniority. Is there any judicial decision on identical issue so that I can fight for my seniority.
Isaac Gabriel
(Expert) 20 April 2014
You were not elegible for promotion in the year 13-14,whereas,your junior who have become eligible on the crucial date gets priority over you.Though the DPC did not convened for want of vac any,the crucial date for the reapective year is the criterion for consideration.
Anirudh
(Expert) 20 April 2014
Dear Mr. Sanjay,
The seniority issue based on Shri N.R.Parmar's decision by the SC is being handled by different Zones of the Income Tax Department one by one. In some cases, the matter is subjudice because of the cases filed by the promotees. You have to have patience and wait. All the DPCs etc., which get processed in the meanwhile are subject to the outcome of the court cases (and in the face of the SC decision, the outcome cannot be different than what you already know). Therefore, please have patience and wait.
T. Kalaiselvan, Advocate
(Expert) 21 April 2014
I agree with Mr. Anirudh's views on the subject, as advised you may wait and watch the situation to turn in your favor.
