Consideration in dpc
KRISHNA KANT MISHRA
(Querist) 25 December 2013
This query is : Resolved
Respected Sir/Madam,
The undersigned is presently working as Inspector of Income Tax and joined the said post as a direct recruit on 10.12.2008. I have cleared the Departmental exam vide result declared on 18.12.2013.The date of declaration of result is 18.12.2013 for all purposes as per the circular of the Department. Due to the judgement of Hon'ble SC in the case of N.R. Parmar Vs. Union of India., the seniority list of inspectors are being revised and as a consequence of that i am gaining the seniority but because some my batch mates who are also gaining seniority but who cleared the Departmental Exam before me are being considered for promotion to the post of ITO and i am not being considered though no DPC has held so far for R.Y. 2013-14 and the new seniority list is yet to be made in pursuance to Apex court's decision.Expecting a response from this esteemed club of Ld. Lawyers.
Regards
Guest
(Expert) 25 December 2013
Any promotion without holding of DPS can be merely as a stop gap officiating arrangement, which does not affect the ultimate seniority of the candidates for consideration in a cadre at the time of holding a DPC.
Further, You need to check the following aspects of the proposed present promotions:
1) Whether the promotion is on adhoc/ officiating promotion basis or on regular basis without holding of due DPC?
2) Whether the departmental exam was a qualifying exam or competeitive exam?
3) Whether the seniority for the purpose of promotion as ITO, as per the Recruitment Rules of ITO post, is based on year of qualifying the exam or as nper the original seniority of the candidates in the cadre of Inspectors?
Normally, the year of qualification of the departmental exam for promotion is treated as the criteria for the purpose of promotion.
Anirudh
(Expert) 25 December 2013
Dear Mr. Mishra,
I find you to be highly confused.
It is true that the seniority list has to be revised based on the decision of the Supreme Court in the case of Union of India & Ors. v.N.R.Parmar and Ors.
That seniority list would be useful in case of promotion to the next higher grade of ITO.
However, you say that you have qualified in the Departmental Examination. Are we to assume that you qualified in the departmental examination for the post of ITO?
If it is so, you also have to indicate whether it was a qualifying examination or competitive examination. (If it was a competitive examination, the number of persons passing the examination would be limited to the number of vacancies. If it was a qualifying examination, then the qualified candidates would be promoted as and when the vacancy arises.)
Further more, you have to indicate as to what is the criteria for getting promotion to the next higher grade of ITO.
Without knowing this, it will not be possible to answer your query.
Sudhir Kumar, Advocate
(Expert) 25 December 2013
whether this is a qualifying examination to be eligible to be promoted as ITO or it is competitive examination.
Please clarify this is important.
Without this information I not able to agree / disagree with experts above.
BAALASUBRAMANNYAMM
(Expert) 25 December 2013
Dhingra Ji has opined suitably. In addition to this, let wait with a good hope, till new seniority list prepares.
KRISHNA KANT MISHRA
(Querist) 26 December 2013
First of all let me thank to the all esteemed members of this elite club for giving such prompt responses. Yes, i was a bit confused. The Departmental exam for ITO is a merely qualifying examination. I qualified the same w.e.f.18.12.2013. So far no DPC for promotion to the Grade of ITO held for R.Y. 2013-14 for which eligibility date was 01.01.2013 as per DOPT model calender. The DPC could not be conducted so far because the seniority of the Inspectors has to be revised in pursuance to decision of SC in the case of Union of India Vs. N.R. Parmar.My question is that since the old seniority list has become null and void and so as the panel drawn previously for R.Y. 2013-14 DPC. Hence, will I b considered for the DPC to be conducted for R.Y.2013-14 in coming period where I become one of the senior most Inspector due to revision of seniority in the cadre of Inspectors.
Regards -K.K. Mishra
Sudhir Kumar, Advocate
(Expert) 26 December 2013
You qualified in 18.12.13 and eligible for promotion for any vacancy which arises after 1.1.2014, provided seniority list suits.
