PROCEEDINGS OF THE JOINT COMMISSIONER-I, COMMERCIAL TAXES, THIRUVANANTHAPURAM Present: Veena.N.Madhavan IAS Sub:- Department of Commercial Taxes- Final Seniority List of Assistant Commercial Tax Officers for the period from 01.01.2010 to 31.12.2014 – Finalised – orders issued-reg Read:- Order No. G1 18886/2013/CT dated: 23.06.2015 ORDER No.G1 18886/2013/CT DATED : 15.09.2015 As per Order cited, a Provisional Seniority List of Assistant Commercial Tax Officers for the period from 01.01.2010 to 31.12.2014, has been published and circulated among the officers concerned, calling for objections if any, from the affected persons. The following Assistant Commercial Tax Officers have filed objections. 1. Sri.Suresh Kumar.S.R 2. Sri.N.Radhakrishnan 3. Sri. Shiyas P Abbas 4. Smt.Sheela.M.R 5. Smt.Swapna Alphonse 6. Smt.Simi.D 7. Smt.Sheeba.O 8. Sri.Narayanan.N 9. Sri.Ullas Kumar.M.G 10. Sri.P.V.Raju 11. Sri.Maneesh.A.K 12. Sri.Thomas George The objections have been duly verified. Sri.S.R.Suresh Kumar,Commercial Tax Inspector, Palakkad has filed an objection against the Provisional Seniority List, stating that he is eligible for temporary exemption from passing the AIT&ST Part III, Book Keeping, as he belongs to the SC/ST Community. Sri.N.Radhakrishnan, Intelligence Inspector, Squad No.III, Alappuzha has also filed a similar objection. The claim of Sri.S.R.Suresh Kumar in this regard, had been examined earlier, and the Government vide Letter No. 3319/D2/08/TD dt. 18.11.2008 clarified that “as per Rule 8 of the Special Rules under the heading 'Tests' wherein Book-Keeping is not included whereas it is included in Rule 6(b) under the heading “Qualification” and sub heading “Other Qualification”. Further as per 'Note' under Rule 6(b) 'Book Keeping (Lower)' or its equivalent is accepted as sufficient qualification in lieu of Agricultural Income Tax and Sales Tax Test Part III prescribed as item No.(2) under Rule 6(b). Since the above Rule is subsisting as above, Sri.S.R.Suresh Kumar is not entitled to get temporary test exemption from passing the Book-Keeping test specified in the Special rules for promotion to the cadre of Assistant Commercial Tax Officer”. As the condition remains the same the claim of Sri.S.R.Suresh Kumar and Sri.N.Radhakrishnan are rejected for lack of merit. The objections filed by Sri.Shiyas P Abbas, Commercial Tax Inspector, CTCP Achencovil, Smt.Sheela.M.R, Commercial Tax Inspector, O/o the Inspecting Assistant Commissioner, Idukki, Smt.Swapna Alphonse, Junior Superintendent, O/o the Commercial Tax Officer, Kattappana, Sri.Thomas George,Commercial Tax Inspector, O/o the Deputy Commissioner, Kasargod and Smt.Simi.D, Commercial Tax Inspector,CT Office 3 rd Circle, Changanacherry are similar in nature and hence examined in common. All the petitioners appeared for the AIT&ST Test Part III – Book Keeping in the Departmental Test held on January 2010. But the result of the Departmental Test was published on 29.04.2010. In the mean time 218 eligible Head clerks/ UD Clerks were promoted to the cadre of Assistant Commercial Tax Officer,vide order No.A2 222/10/TX dated:06.04.2010 and Order No. A2 222/10/TX(1) dated: 06.04.2010 consequent on the upgradation of 100 posts of Upper Division Clerks vide GO(MS) No.59/2010/TD dated: 11.03.2010, and promotion/retirement. The contention of the petitioners is that, their eligibility for promotion to the cadre of Assistant Commercial Tax Officer should be reckoned from the date of the last Departmental Test held i.e 18.01.2010 under Rule 28(bbb). According to Rule 28(bbb) of Part II KS&SSRs 1958, a person will be deemed to have acquired the test qualification on the day following the last date of the whole examination or test in which he has successfully completed the examination or test by passing one or more subjects. In the explanation(1) under Rule 28 (bbb) of Part II, KSR&SSRs 1958, it is explained that the principles of the sub-rule shall apply for the drawal of increment and for promotion not involving change of duties against vacancies remaining unfilled for want of test qualified persons.
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PROCEEDINGS OF THE JOINT COMMISSIONER-I, COMMERCIAL … · (Sl.No.350) and the name of Sri.Narayanan.N is included as Sl.No.587 in between Smt.Nisha M Nair (Sl.No.586) and Smt.Sameera
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PROCEEDINGS OF THE JOINT COMMISSIONER-I, COMMERCIAL TAXES, THIRUVANANTHAPURAM
Present: Veena.N.Madhavan IAS
Sub:- Department of Commercial Taxes- Final Seniority List of Assistant Commercial Tax Officers for the period from
01.01.2010 to 31.12.2014 – Finalised – orders issued-reg
Read:- Order No. G1 18886/2013/CT dated: 23.06.2015
ORDER No.G1 18886/2013/CT DATED : 15.09.2015
As per Order cited, a Provisional Seniority List of Assistant Commercial Tax Officers for the period from 01.01.2010 to 31.12.2014, has been published and circulated among the officers concerned, calling for objections if any, from the affected persons. The following Assistant Commercial Tax Officers have filed objections. 1. Sri.Suresh Kumar.S.R 2. Sri.N.Radhakrishnan 3. Sri. Shiyas P Abbas 4. Smt.Sheela.M.R 5. Smt.Swapna Alphonse 6. Smt.Simi.D 7. Smt.Sheeba.O 8. Sri.Narayanan.N 9. Sri.Ullas Kumar.M.G 10. Sri.P.V.Raju 11. Sri.Maneesh.A.K 12. Sri.Thomas George The objections have been duly verified. Sri.S.R.Suresh Kumar,Commercial Tax Inspector, Palakkad has filed an objection against the Provisional Seniority List, stating that he is eligible for temporary exemption from passing the AIT&ST Part III, Book Keeping, as he belongs to the SC/ST Community. Sri.N.Radhakrishnan, Intelligence Inspector, Squad No.III, Alappuzha has also filed a similar objection. The claim of Sri.S.R.Suresh Kumar in this regard, had been examined earlier, and the Government vide Letter No. 3319/D2/08/TD dt. 18.11.2008 clarified that “as per Rule 8 of the Special Rules under the heading 'Tests' wherein Book-Keeping is not included whereas it is included in Rule 6(b) under the heading “Qualification” and sub heading “Other Qualification”. Further as per 'Note' under Rule 6(b) 'Book Keeping (Lower)' or its equivalent is accepted as sufficient qualification in lieu of Agricultural Income Tax and Sales Tax Test Part III prescribed as item No.(2) under Rule 6(b). Since the above Rule is subsisting as above, Sri.S.R.Suresh Kumar is not entitled to get temporary test exemption from passing the Book-Keeping test specified in the Special rules for promotion to the cadre of Assistant Commercial Tax Officer”. As the condition remains the same the claim of Sri.S.R.Suresh Kumar and Sri.N.Radhakrishnan are rejected for lack of merit. The objections filed by Sri.Shiyas P Abbas, Commercial Tax Inspector, CTCP Achencovil, Smt.Sheela.M.R, Commercial Tax Inspector, O/o the Inspecting Assistant Commissioner, Idukki, Smt.Swapna Alphonse, Junior Superintendent, O/o the Commercial Tax Officer, Kattappana, Sri.Thomas George,Commercial Tax Inspector, O/o the Deputy Commissioner, Kasargod and Smt.Simi.D, Commercial Tax Inspector,CT Office 3
rd Circle, Changanacherry are
similar in nature and hence examined in common. All the petitioners appeared for the AIT&ST Test Part III – Book Keeping in the Departmental Test held on January 2010. But the result of the Departmental Test was published on 29.04.2010. In the mean time 218 eligible Head clerks/ UD Clerks were promoted to the cadre of Assistant Commercial Tax Officer,vide order No.A2 222/10/TX dated:06.04.2010 and Order No. A2 222/10/TX(1) dated: 06.04.2010 consequent on the upgradation of 100 posts of Upper Division Clerks vide GO(MS) No.59/2010/TD dated: 11.03.2010, and promotion/retirement. The contention of the petitioners is that, their eligibility for promotion to the cadre of Assistant Commercial Tax Officer should be reckoned from the date of the last Departmental Test held i.e 18.01.2010 under Rule 28(bbb). According to Rule 28(bbb) of Part II KS&SSRs 1958, a person will be deemed to have acquired the test qualification on the day following the last date of the whole examination or test in which he has successfully completed the examination or test by passing one or more subjects. In the explanation(1) under Rule 28 (bbb) of Part II, KSR&SSRs 1958, it is explained that the principles of the sub-rule shall apply for the drawal of increment and for promotion not involving change of duties against vacancies remaining unfilled for want of test qualified persons.
As per the Explanation(1), the benefit contemplated in Rule 28 (bbb) of Part II KS&SSRs 1958, will be available to a senior only if there is no test qualified person/junior on the date of occurrence of the vacancy. If there is test qualified junior on the date of occurrence of the vacancy, and if the junior is otherwise eligible for promotion as per the rules on the said date and if the result of of the departmental test in which the senior has appeared has not been published before the said date, then the junior is to be promoted and the benefit of test qualification will accrue to the senior only on the date of publication of the result of the departmental test. Further the Government, have clarified the rule position vide Circular No.524/R1/2014/P&ARD dated:10.03.2014 that the benefit of Rule 28(bbb) of Part II KS&SSRs 1958, will operate to promotions only on satisfying three conditions i. not involving change of duties ii. against vacancies remaining unfilled; and iii. For want of test qualified persons The retrospective deeming provisions that persons who passed the test/examination would be deemed to be qualified for promotion from a date prior to the date of publication of the result would operate only if all the three conditions are cumulatively present. That is if any one of these three conditions is absent, the date of publication of result would alone govern the question whether a person has acquired the qualification of passing the test/examination for promotion or not. In the light of the above rule position, the objections filed by Sri.Shiyas P Abbas, Commercial Tax Inspector, CTCP Achencovil, Smt.Sheela.M.R, Commercial Tax Inspector, O/o the Inspecting Assistant Commissioner, Idukki, Smt.Swapna Alphonse, Junior Superintendent, O/o the Commercial Tax Officer, Kattappana, Sri.Thomas George,Commercial Tax Inspector, O/o the Deputy Commissioner, Kasargod and Smt.Simi.D, Commercial Tax Inspector, CT Office 3
rd Circle, Changanacherry are rejected.
Smt.Sheeba.O, Junior Superintendent, Office of the Deputy Commissioner, Kozhikode, has filed an objection that her rank in the Provisional Seniority List was 432, whereas Smt. Shiby.T.J her junior in the UD Cadre was placed as 431. Similarly Sri.Maneesh A.K, Intelligence Inspector, Squad No.2, Thrissur has filed an objection that his name was included as Sl.No.448 in the List, whereas Sri.Chandrasekharan.T, who is junior to him in the UD Cadre was placed as Sl.No. 443. The Final Seniority List of UD Clerks for the period from 01.07.2006 to 31.12.2008 was revised as per Order No. G4 29015/08/CT dated: 18.10.2013 and according to the Revised List, Smt.Sheeba.O is placed as Sl.No.243/06 and Smt. Shiby T.J is placed as Sl.No.242/06. Similarly, Sri. Maneesh A.K is placed as Sl.No.259/06 whereas Sri.Chandrasekharan.T, is placed as Sl.No.254/06. Hence the objection filed in this regard deserves no merit and hence rejected. Sri.Ullas Kumar M.G, Intelligence Inspector has filed objection stating that his name was shown against Sl.No. 507 in the List, while his juniors in the Revised Final Seniority List of UD Clerks viz. Sri. Ansari.P.A and Sri.Narayanankutty K.P were placed above him. The claim is duly verified. Sri.Ullas Kumar M.G was promoted to the cadre of Assistant Commercial Tax Officer vide Order No. A2 222/13/CT dated: 21.11.2013, while Sri.Ansari P.A and Sri.Narayanankutty K.P were promoted vide Order No. A2 222/13/CT dated: 24.07.2013. But, as per the Revised Final Seniority List of UD Clerks for the period from 01.07.2006 to 31.12.2008, the seniority number of Sri.Ullas Kumar M.G was reassigned as 320/06 due to the ratio based placement of UD Typists. Hence his claim is found to be genuine and his name is included as Sl.No.506, placing Sri.Ansari P.A as Sl.No.507 and Sri.Naryanankutty K.P as Sl.No.508. Sri.P.V.Raju, Assistant Commercial Tax Officer, O/o the Deputy Commissioner, Kannur has contented that his name was omitted from the Provisional List. Sri.Narayanan.N, Commercial Tax Inspector, Commercial Tax Checkpost, Feroke also filed a similar objection. Both the objections were verified with relevant promotion orders. Sri.P.V.Raju (173/06/UDC) was promoted to the cadre of Assistant Commercial Tax Officer vide Order No.A2 222/2011/TX dated: 17.05.2011 , and Sri.Narayanan.N (70/09/UDC) was promoted to the cadre of Assistant Commercial Tax Officer vide Order No. A2 222/14/CT dated: 18.01.2014 only as their Test qualified details were not furnished by the controlling officers in time. As they were fully eligible to be promoted in the previous orders, their names have to be included in the Final Seniority List of Assistant Commercial Tax Officers for the period from 01.01.2010 to 31.12.2014 at appropriate places. The name of Sri.Raju P.V is included as Sl.No.349 between Sri.Masood P.M (Sl.No.348)and Smt.Bindu.R
(Sl.No.350) and the name of Sri.Narayanan.N is included as Sl.No.587 in between Smt.Nisha M Nair (Sl.No.586) and Smt.Sameera P.M (Sl.No.588) Necessary corrections in respect of Date of Birth, Name etc have been made wherever necessary. The Final Seniority List of Assistant Commercial Tax Officers has been prepared as per provisions contained in Rule 27 of the Kerala State & Subordinate Services Rules, 1958. The Final Seniority List is also available in the Official Website of Commercial Taxes Department; www.keralataxes.gov.in The Final Seniority List is appended.
Sd/-
Joint Commissioner-I
To
All Officers
Copy to: File/SF
FINAL SENIORITY LIST OF ASSISTANT COMMERCIAL TAX OFFICERS FOR THE PERIOD FROM 01.01.2010 TO 31.12.2014