Record of discussions and decisions at the National Sectt. meeting of ITPF held at Chennai.

As scheduled the National secretariat meeting of ITPF  was held at Chennai (ITEF Union room) on 9.12.2018 at 11.30 AM. Com. Umesh Mehta, President ITPF presided over the meeting. Com. S.K.Sharma and Com. R.B. Deshpande joined the Diaz. On behalf of the host unit com. Perumal welcomed the secretariat members and explained the arrangements made for the comfortable stay of the participants. Com. V. Rathinasabapathy President, Tamilnadu ITPA made a brief presentation on behalf of the host unit.   Com. M.S Vengatesan, General secretary, ITEF TN and Cm. Elango, General secretary ITGOA, addressed the members assuring them all help needed for building up a strong Pensioners federation. Thereafter 2 minutes silence was observed to pay homage to all those who passed away after the  Hyderabad   meeting.

Com. KKN. Kutty presented the agenda for the meeting which was approved with the inclusion of two following issues.

Notional pay fixation from 01.01.1996 in the case of Inspectors and ITOs

Any other matter with the permission of the Chair.

Com. R.B Deshpande presented the issue No. 1 in detail, which was supplemented by the Secretary General. It was noted that :-

(a)    The ITGOA Mumbai Unit had filled petition before CAT demanding that the Pay revision in the case of ITOs made in 2004 must have the benefit of notional fixation w.e.f 1.01.1996 as has been done in the case of Audit and Accounts Officers.

(b)    The CAT Mumbai Bench had issued an order in favour of the Petitioner.

© Though the Department of Revenue wanted to accept the decision DoE directed them to file a writ petition before the Mumbai High Court.

(c)     The case is pending at Mumbai High court for the past six years

(d) Karnataka ITPA want to implead the case as also the ITPF. Only organizations that were in existence in 2012  are entitled to implead  in the case.  Accordingly,  it was decided that  Karnataka ITPA will collect data for preparing impleading petition. ITPF will write  to Chairman CBDT to  engage an advocate for the department so that no further adjustment will come about .   

ITPF CHQ.  will also write to General secretary ITGOA to appoint an advocate and attend the next hearing slated for 8.02.2019

Agenda item No.2

Filing case before the CAT in the MACP and Option No. 1 issues.

Members desired that   draft   petition be placed on the website . It was also decided that atleast ten    from each affiliate will make representation on both MACP and Option No.1

Agenda item No.3 cghs grievances.

The meeting decided to provide one more week for all affiliates to include items in the CGHS grievance list which was circulated at the meeting,     The SG will take up the matter with the Health Ministry.

Agenda item No. 4. Health insurance.

The issue was discussed at length . on the basis of the discussion the CHQ will prepare two proposals for health insurance, for CGHS covered pensioners and others.

Agenda Item No. 5 Member ship

On the basis of the reporting from each affiliates the meeting noted that the overall membership has almost reached 4200. It was decided that steps may be taken to obtain PAN no . from the IT Department. Com. S.K.Sharma informed the house of the developments in getting registration. He said that Meerut unit has given the legal fees and the same may be treated as donation to ITPF. He also said that the signature of the petitioners for registration  might be required at short notice  and the concerned office bearers may have to reach Delhi for this specific purpose..

Agenda Item No. 6. Finance:

The treasurer will prepare a due/ paid statement and will place on the website. The units immediately thereon will make the payment of the dues. Com. Badola requested  each unit  to inform him of the remittances so far made towards subscription as  also payment made for the journal. The Journal subscription as and when paid, he requested,  must be under intimation to him  so as to reconcile the same with the NCCPA.. He circulated the copy of the day book and the balance sheet as on 31.03.2018.

Agenda Item No.7. Widening circulation of the journal.

The meeting decided to make all ITPF members as Journal subscribers.

8^th and 9^th January 2019 strike:

The meeting decided that the affiliates should get in touch with ITEF leadership at  state level and organize solidarity and support actions and do everything possible to make the strike action  a grand success.

Agenda No. 9. Next Conference: I

The  next conference of ITPF will be held at Baroda in August 2019. It was also decided to release a souvenir to commemorate the occasion.  Com Shanti Kumar, will be Chairman of the Souvenir Committee as has been decided at the Hyderabad meeting.

Agenda No. 1.  NCCPA programmes of action.

Com.Secretary General detailed the programme chalked out by the NCCPA in pursuance of the 10 point charter of demands. All affiliates were requested to convene their general body meeting immediately and ensure that the individual comrade participates in the post card campaign.  The meeting also felt that the campaign will help for a closer interaction with the members.  The affiliates will inform the CHQ the number of post cards sent from each Station to the Prime Minister.  The next important programme is a massive fast programme at Delhi on 15^th March, 2019. The affiliates will elicit maximum number of participants in the programme.  It was also decided that the affiliates leadership will make arrangement for the comrades who are going to Delhi arrangements for their comfortable stay through on line booking in hotels.  March will have temperate climate in Delhi.  Still it is necessary to have good arrangements for stay. Each affiliate will send the following number of comrades for the 15^th March programme:

AP-2-. Bengal – 4, Karnataka-2 Gujarat-5 Meerut+Lucknow+Allahabad= 60, Rajasthan. 15, Tamilnadu – 10, Orissa-2, Mumbai. 5, Delhi. 20, MP, 3, NER -2. NWR -2, Kerala -3, Bihar -2. Vidharba. 3, Pune - 1

Agenda No. 10 Any other matter.

As per one of the judgements of the Supreme Court the   persons who could not get their due promotion as the DPC got delayed and the eligible candidate retired will have the benefit of notional promotion and notional pay fixation.   The copy of the judgement will be published in the journal.  The affected comrade’s cam makes a representation to the Board with copy to the CHQ.  The matter will be taken up with the Board as a general issue. 

The deliberations at the meeting was concluded at 5.30 PM.  Com. President declared that the National Sectt. will next meet only at Baroda on the eve of the conference.  The CHQ will prepare on the basis of the membership declared the number of delegates each affiliate is entitled to deploy for the conference, provided the subscription for 2015-16, 2016-17, 2017-18 and 2018-19 are remitted to the CHQ.  Com. President and the Secretary General in their concluding remarks praised the efforts undertaken by the host unit for the conduct of the conference as also for the stat of the Sectt. members.

KKN. KUTTY

Secretary General.

Draft representation in the case of MACP.

From.

…………………………………….

(Name and designation at the time of retirement)

PPO Number.

To

The Chief Commissioner of Income tax,

………..

………….

Sir,

                                                Sub: representation for grant of MAP benefit  with effect from.1.01.2006.

I was recruited to the Department on……………as……………(Designation).  I retired from service on superannuation on………………… During my service life, I was awarded the following promotions.

                                1.

                                2.

The Government enlarged the scope of the time bound promotions  in implementation of the 6^th CPC recommendations., whereby a Government servant became entitled for three promotion at an interval of every ten years in his service career.  These promotions were called financial upgradations as the concerned Government servant will continue to work in the cadre or grade irrespective of such upgradation. The Scheme was however, made effective from. 1.9.2008, even though the pay scales were revised with effect from. 1.01.2006.  Since I retired on……………….I was not granted the benefit of the MACP scheme ( 1^st, 2^nd, or 3^rd financial upgradation or 2^nd and 3^rd financial upgradation or 3^rd financial upgradation as the case may be) ,

The matter concerning giving effect to the scheme from. 1.1,2006 was taken up with the Government in the National Anomaly Committee by the Staff Side, but no decision was arrived at in that forum.  Aggrieved by the decision of the Government, some of the armed personnel approached the Armed forces Tribunal, subsequently, the High Court and ultimately, the issue came up before the Supreme Court.  The Honourable Supreme Court confirmed the verdict in favour of the applicants given by the Armed forces Tribunal and the same has now become final.  The order of the Supreme Court is contained in the W.P. 3744/2016 dated 8.12.2017.  The Government accepting  the Supreme Court verdict issued orders vide the Ministry of Defence letter No. 14(1)/99-d(ag)  dated25.7.2018.   However, the said order was only made applicable to the Defence armed personnel leaving out the Civilian employees and pensioners.  In the light of the following observation of the Honourable Supreme Court, the stand taken by the Government in not extending the benefit to the similarly placed civilian employees and pensioners is not only untenable but unethical too.

The Honourable Supreme Court on more than one occasion has ruled that the decisions of general nature must be extended to all similarly placed employees/pensioners.   In the case of Inderpal Yadav Vs. Union of India,(1985)SCC 648, the Supreme Court had stated :

“Those who could not come to the Court need not be at a comparative disadvantage position to that who rushed in here if they are otherwise similarly situated, they are entitled to similar treatment.”

            If the date of effect of the MACP scheme is shifted back to 1.1.2006, as has been ordered by the Honourable Supreme Court, I shall be entitled for my third promotion( second and third promotions, first, second and third promotions, first and second promotions as the case may be) with effect from. 1.01, 2006.  I shall be grateful if my petition is considered favourably and orders issued accordingly.   I shall also be thankful if  my petition is disposed of expeditiously, say within a period of one month.

            Thanking you,

Yours faithfully

…………………………………..

Name with (designation at the time of retirement)

PPO Number.

               

INCOME TAX PENSIONERS FEDERATION.

A2/95 RAJOURI GARDEN

MANISHINATH BHAWAN

NEW DELHI. 110 027.

PRESIDENT.                        COM. UMESH MEHTA.

SECRETARYGENERAL;     COM KKN. KUTTY;

PHONE: 98110 48303

The Chairman,

Central Board of Direct Taxes

North Block,

New Delhi. 110 001.

Dear Sir,

Sub: Notional fixation of pay  with effect from. 1.1.1006 in the case of Inspectors and Income-tax Officers on revision of pay scale in 2004.

                                    O0o

            The 5^th CPC had disturbed the then existing parity in pay scales between the Inspectors and Incometax Officers of the I.T. Department vis a vis the Inspectors and Group B. Officers of the I.B.and CBI.  The Incometax Employees Federation and the Incometax Gazetted officers association had taken up the matter with the Government then.  The Government appointed a high power committee to look into the matter and they submitted their report asking the Government to bring back the parity that had all along in existence.  However, it took nearly six years, i.e. from 1998 to 2004, for the Government  to take a decision in the matter.  In 2004, the orders were issued revising the pay scales of Inspectors and  Officers of the I.T. Department.  The same was applied in the case of similarly placed officers of the Central Excise  and Customs Department.  The orders were unfortunately made effective only from the date of issue whereas in the identical case of Accounts Officers, Accountants of the Indian Audit and Accounts Departments, the revised pay scales were granted with effect from. 1.11996, though arrears of salary for the period between 1996 and 2003 were denied to them.  In other words, the officials of the IA & AD were given the notional fixation of pay with effect from 1.1.1996 and the same was denied to the officials of the Income tax Department, for no ostensible reasons.  Even though the issue was taken up by the ITEF and ITGOA bilaterally with the Board and the Department of Expenditure, they continue to be denied the benefit of even the notional fixation of pay. 

The Income tax Gazetted officers Association and one another filed a petition before the Mumbai CAT. The case was disposed of by the Tribunal granting the relief prayed for by the applicants.  Despite the opinion of DOLA to the contrary, the CBDT filed writ petition before the Mumbai High Court against the order of the Tribunal.  (WP (SR) No. 25148 of 2012 Reg .No.WP 9649/2012.  The case was listed for hearing by the Honourable High Court in about44 times between 1911.2012 to 14.08.2012.  The cases had to be continuously adjourned due to the absence of a pleader from the Government side.

We may in this connection draw your kind attention to the National Litigation Policy formulated by the GOI in 2010.  We reproduce para c and D thereof. 

para C stipulates:   “…in appellate courts, if the paper books are complete, then adjournment must not be sought in routine course.  The matter must be dealt with at the first hearing itself. In such cases, adjournments should be applied for only if a specific query from the Court is required to be answered and for this , instructions have to be obtained.

Para D… One of the functions of the Nodal officer will be to co-ordinate the conduct of litigation.  It will also be their responsibility to monitor the progress of the litigation, particularly to identify cases in which repeated adjournments are taken.  It will be the responsibility of  the Nodal Officer to report cases of repeated and unjustified adjournments to the Head of the Department and it shall be open to him to call for the reasons for the adjournments. The Head of the Agency shall ensure the records of the case reflect reasons for the adjournment, if these are repeated adjournments.  Serious note will be taken of cases of negligence or default and the matter will be dealt with appropriately by referring such cases to the empowered Committee. If the Advocates are at fault, action against them may entail suspension/ removal of their names from the Government Panel.”

Because of the delay caused by the procrastination, ( which runs to 14 years as on date of writing this letter,) many  officials  retired from service on superannuation and quite a number of them died.   One is constrained to wonder whether the highly laudable Litigation Policy  statements are conceived for platonic pleasure or public consumption.  It is not only unpardonable but even cruel too that the case has been allowed to linger on .  In the first instance, the officials ought not have been drawn to courts at all.   How can the Government without any basis or reasoning adopt two different yardstick in the case of similarly and identically placed situations?

On behalf of the large number of retired personnel, we request you to kindly direct the concerned that the Department is represented before the Honourable Mumbai High Court by their duly appointed pleader on 8.2.2019, to which date the case has been decided to be heard by the honourable court. 

We also request you to kindly recall our plea made some months back when we me you to hold the Pension Adalat at the Board’s level as many of our members are aggrieved over the inordinate delay in finalisation of the cases foisted on them on the eve of their retirement.  There are many other department-specific problems for the retired officials, which require expeditious disposal as these are allowed to pend.

Thanking you,

Yours faithfully,

K.K.N. Kutty

Secretary General.