INCOMETAX EMPLOYEES FEDERATION: KERALA CIRCLE
CIRCLE GENL.SECRETARY:K.BABUTHOMAS Dated:27-05-2010
The General Secretary,
ITEF, New Delhi.
This letter is to invite the attention of the Central Head Quarters regarding the recent clarification on a serious subject of inter charge transfer furnished by the CBDT after consultation with the Zonal Accounts authorities, in the affidavit filed before the Central Administrative Tribunal, Kerala Chapter. The clarification has been furnished in the form of counter affidavit to a case filed in the CAT.
The summary of the clarification is as follows: No employee joined on inter charge transfer from one state to another is not eligible for any pay protection consequent to their reversion to the junior post , as the reversion takes place not after interstate transfer but in their parent state prior to their transfer to the requested state. According to the CBDT’s clarification furnished before the CAT, pay protection cannot be granted, as reversion takes place not after the inter charge transfer but within the state of service. (An example is given here for reference- a STA in the Karnataka Charge on a request for inter charge transfer to Kerala has to opt for a reversion to the cadre of TA in the Karnataka Charge and thereafter being transferred to Kerala. Since the reversion to the Junior post takes place in Karnataka, not in the inter charge transfer to Kerala ,the officials are not eligible for pay protection according to the clarification).
This is a very precarious and alarming clarification affecting the huge number of staff who came here on interstate transfer. CBDT’s clarification is framed on a negative note therefore baseless and to be deleted at the earliest. ITEF Hqrs. has to take up this issue seriously on an urgent measure.