/ 3fT«=f fHCfi F( GOVERNMENT OF INDIA 1iJtrIir ~ ~ JmTCf(J CfiI<l:{j(i1<!, ~ ~~CfiIR ~ ~ ~~3fR 0/0. THE PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX, WEST BENGAL & SIKKIM AAYAKAR BHAWAN, P - 7, CHOWRINGHEE SQUARE, KOLKATA - 700 069 Ph. No.: (033) 2213 6529, Fax No.: (033)22136609 F. No. : 4 E/ 6 /2014 - 15 / Seniority / It.a ~ 14 CIRCULAR Sub: Circulation of Final Seniority List of the cadre of Senior Tax Assistant, for the Vacancy Years: 2000 - 01 to 2015 - 16, in the region of West Bengal and Sikkim -- Matter regarding. In view of the Hon'ble Apex Court's judgment in the case of N. R. Parmar vs. Union of India and Ors., (Civil Appeal Nos. 7514 -7515 of 2005), and in pursuance of the DOP & T's o. M. No. / 20011 /1/2012 - Estt. (D) dated 04.03.2014, as forwarded and directed by the CBDT vide instructions in F. No. HRD / CM / 220/ 14/ 2013 - 14/ 153 / 2014 - Ad. - VII dated 13.03.2014, and CBDT's guidelines dated 29.09.2014, 07.11.2014, & 16.01.2015, the final • seniority list of the cadre of Tax Assistant has already been recast and notified. On the basis of such revision, the tentative seniority list of the cadre of Senior Tax Assistant pertaining to Vacancy Years: 2000 - 01 to 2015 - 16, have been recast and notified, in the region of West Bengal & Sikkim, by holding the review DPCs.The year - wise final seniority list of the cadre of Senior Tax Assistant, is hereby is published in accordance with the principles as follows: 1. It may be noted that the cadre of Senior Tax Assistant is a 100 % promotional cadre, and rota - quota method is not applicable in this cadre. 2. While finalizing the above final list, various representations received after publication ofthe tentative lists in this regard raising certain objections, are disposed of as follows: Objection No.1: Seniority in the grade of Senior Tax Assistant should be fixed as per the seniority in the feeder grade of Tax Assistant, without taking into account the date of joining in the feeder grade (Tax Assistant). But such procedure was not followed in the tentative list and junior persons in the feeder grade have been allowed higher seniority positions in the cadre of Senior Tax Assistant on the basis of their dates of joining as Tax Assistant. Case referred (Sri Abhijit Das, Sri Pranab Nandi & Sri Kajal Biswas). :1: ~. ~ \ Reply No.1: As per Recruitment Rules applicable to the grade of Senior Tax Assistant, a Tax Assistant is required to fulfil following the two eligibility criteria as on opt January immediately preceeding the relevant Vacancy Year for being considered for promotion during the said Vacancy Year: i) Completion of three years' of regular service as Tax Assistant (two years' in case of senior persons where any junior person is considered on the basis of completion of three years' of service in the grade). ii) Passing of Departmental Examination for Ministerial Staff. " While drawing up the revised panel for promotion to the grade of Senior Tax Assistant for the year: 2010 - 11, Sri Abhijit Das, Sri Pranab Nandi & Sri Kajal Biswas, have been found to have satisfied the above mentioned eligibility criteria as on 01.01.2010 {the crucial date for determining eligibility for the Vacancy Year: 2010 - 11}, and accordingly, they were included in the panel for that vacancy year after due consideration oftheir ACRs/ APARs by the review DPC. Some Tax Assistants who were senior to Sri Abhijit Das, Sri Pranab Nandi & Sri Kajal Biswas in the grade were not considered for promotion in the said vacancy year as they have joined as Tax Assistant later than the above mentioned three persons, and consequently, did not satisfy the criterion number i) mentioned herein above as on the crucial date. The procedure followed by the review DPCs in drawing up the revised panels is totally in conformity with the relevant provisions of the Recruitment Rules, and instructions of DoP & T in this regard. Objection No.2: Persons who joined as Tax Assistant during the period of 01.04.2009 to 31.12.2009, have been placed in the seniority list of Senior Tax Assistant against the Vacancy Year: 2012 - 13, whereas the inter - charge transferee Tax Assistants who joined in this Charge in 2011, and junior to the aforesaid group of Tax Assistants were placed against the Vacancy Year: 2011 - 12. Reply NO.2: The inter - charge transferee Tax Assistants who joined in this Charge in 2011, were promoted against the Vacancy Year: 2011-12, after counting their services in the grade of Tax Assistant in their old regions as per administrative decision taken at the time of holding the original DPCs. Such administrative decision was taken on the basis of various judgements of the judiciary including the Hon'ble Apex Court, and as per the relevant recruitment rules which require three years' of regular service in the grade of Tax Assistant for promotion as Senior Tax Assistant, without making any stipulation that such service should be rendered in one particular region of the department. No clear cut instruction from the CBDTwas available at the time of the original/supplementary DPCsfor the said vacancy year held during the financial year: 2011-12. Hence, while holding review DPCsstatus - quo have been maintained in the matter. As regards the persons who joined as Tax Assistants during the period of 01.04.2009 to 31.12.2009, it may be stated that they have satisfied the eligibility :2: criteria regarding the residency period, even after allowing relaxation as contemplated in the Recruitment Rules, on 01.01.2012, which is the crucial date for the Vacancy Year: 2012 - 13, as per relevant instructions of the DoP & T. Accordingly, they have been considered for promotion against the Vacancy Year: 2012 - 13, subject to fulfilment of other eligibility criteria, and empanelled by the review DPC if found 'fit' for promotion on the basis of their ACRs/ APARs for the relevant period. All other amendments regarding the spelling of names, category, date (s) of births, date (s) of joining, etc., have been made in accordance to various representations, after tallying with the available office records. The comparative positions of some of the promotees have changed due to revision in the feeder grade for promotion to the grade of Senior Tax Assistant (as prescribed in the existing Recruitment Rules for promotion to the grade of Senior Tax Assistant), in accordance with the judgement of the Hon'ble Supreme Court, in the case of N. R. Parmar & Ors.. All the representations received in this office of the undersigned after publication of the tentative seniority lists in the matter pertaining to the Vacancy Years: 2000 - 2001 to 2015 - 2016, stand disposed of with the publication of the final seniority list as appended hereto. The Final Seniority List of Senior Tax Assistant for the Vacancy Years: 2000 - 2001 to 2015 - 2016, is published with the approval of the Principal CClT, WB & Sikkim. ~ (SANAT KUMAR RAHA) DY. Commissioner of Income Tax, Hqrs. (Pers. & Estt.), Kolkata For Principal Chief Commissioner of Income Tax, WB & Sikkim :3: I FINAL SENIORITY LIST IN THE CADRE OF SENIOR TAX ASSISTANT FROM THE VACANCY YEAR 2000 - 2001 TO 2015 - 2016 " RECRUITMENT YEAR WITH DATE(S) OF VACANCY YEAR REFERENCE NAME CTG DOB ORIGINAL REMARKS 1SENIORITY TO THE DPCs DATE(S) OF DPCs 1 2 3 4 5 6 7 2000-2001/0001 PRATAPADITYA CHATTERJEE ........ 20.10.51 24.08.2001 2001 - 02 2000-2001/0002 SMT. SUJATA MUKHERJEE ---- 04.02.52 24.08.2001 2001 - 02 2000-2001/0003 SUBODH CH. RUDRA 04.01.42 24.08.2001 2001 - 02 2000-2001/0004 BRAJA KUMAR SINHA --- 07.05.52 24.08.2001 2001 - 02 2000-2001/0005 TAPAN' BIKASH DAS ---- 31.01.44 24.08.2001 2001 - 02 2000-2001/0006 GURU PD. RUDRA ---- 01.10.54 24.08.2001 2001 - 02 2000-2001/0007 SMT. MINA MUKHOPADHYAY PH 07.08.54 24.08.2001 2001 - 02 2000-2001/0008 JAMUNA SINGH --- 27.03.52 24.08.2001 2001 - 02 2000-2001/0009 NARAYAN CH. ROY --- 24.10.48 24.08.2001 2001 - 02 2000-2001/0010 PARITOSH CH. DUTTA --- 15.02.47 24.08.2001 2001 - 02 2000-2001/0011 RANAJIT KR. DE .•_.•- 30.05.51 24.08.2001 2001 - 02 2000-2001/0012 RAKHAL CH. PAUL ---- 10.07.49 24.08.2001 2001 - 02 2000-2001/0013 ANIL K. MONDAL SC 21.08.54 24.08.2001 2001 - 02 2000-2001/0014 ANADHI RN. MITRA ... 01.05.42 24.08.2001 2001 - 02 2000-2001/0015 MANATOSH MITRA ---- 01.03.50 24.08.2001 2001 - 02 2000-2001/0016 SANJIB PAUL ---- 17.03.56 24.08.2001 2001 - 02 2000-2001/0017 AMIT KUMAR CHOWDHURY ---- 07.02.58 24.08.2001 2001 - 02 2000-2001/0018 ADITYA KR. RAY SC 10.01.47 24.08.2001 2001 - 02 2000-2001/0019 SMT. SIBANI BHATTACHARJEE 07.01.43 24.08.2001 2001 - 02 2000-2001/0020 ARUN KR. ROY CHOWDHURY ---.• 10.05.53 24.08.2001 2001 - 02 2000-2001/0021 SWAPAN KR. ROUTH ---- 12.12.56 24.08.2001 2001 - 02 2000-2001/0022 PRADIP CHATTERJEE ---- 13.01.59 24.08.2001 2001 - 02 2000-2001/0023 SMT. DIPTI ROY (MAJUMDAR) ---- 08.10.49 24.08.2001 2001 - 02 2000-2001/0024 PRABIR MUKHOPADHYAY ---- 18.01.56 24.08.2001 2001 - 02 2000-2001/0025 SMT.GOURIBHATTACHARJEE ---- 15.11.47 24.08.2001 2001 - 02 2000-2001/0026 KIRAN CH. GHATAK SC 16.09.47 24.08.2001 2001 - 02 2000-2001/0027 LAXMI KANTA AICH ..