A tiff between civil servants and Income Tax Officers (ITOs) has worsened following a decision to promote ITOs in BS-19 on June 8, 2015, putting FBR officials in an uncertain state; it was learnt here on Wednesday. According to sources, some 45 ITOs were promoted in November 2003, January 2004 and April 2004 in BS-17 on 25 percent quota reserved for promotees.
Sources said that 30th commoners, who joined in BS-17 on July 28, 2003 before ITOs' promotion to the said grade, were placed below ITOs in seniority, which commoners termed a violation of Section 8(4) of the Civil Servant Act 1973; "Seniority in a post, service or cadre to which a civil servant is promoted shall take effect from the date of regular appointment to that post."
They said that although the said batch of ITOs did not qualify its length of service of five years as mandatory for promotion in BS-18, they were promoted on August 25, 2008, which was declared void by the Supreme Court of Pakistan (SBP) in its judgement CMR 1752-SMCR 2013. Contrary to the Supreme Court Judgment, which declared both BS-17 and BS-18 promotions of ITOs illegal, they are now going to be promoted in BS-19 on June 8, 2015.
Sources claimed that ITOs had not completed their mandatory service period of 12 years for their promotions in BS-19 besides their seniority was also sub judice before a court, which passed a restraining orders on April 08, 2015 and May 18, 2015. On the other hand, number of representations from 30th to 37th common officers are pending with the Chairman FBR and Islamabad and Lahore High Court in this regard issued directions to dispose of all of them within 30 days but they are still lying in his office without any action, sources said.
Moreover, sources said that civil servants would be downhearted if ITOs were promoted in BS-19 that would definitely adversely affect FBR functions and may create - not only this year but also the next year - hurdles for the board in achieving budgetary revenue targets. Meanwhile, FBR in its written response to the court argued that no discrimination and disregard to any rules/regulation has been done to the disadvantage of civil servants and the recruitment process for the post of Inland Revenue Officers (BS-16) was obsereved as per rules.
FBR said that it was decided in 1993 to expand Income Tax Administration to meet shortage of Income Tax assessing officers and FBR sought services of officers of other Occupational Groups for posting as Assistant Commissioner Inland Revenue (ACIR) for BS- 17 under Section 10 of the Civil Servants, Act, 1973. In 1996, a large number of vacant posts in BS-17 needed to be filled-in urgently, to achieve the assigned revenue targets and regular recruitment through FPSC was expected to take quite long time hence FBR made promotions as ACIR (BS-17) on acting charge basis from feeding posts of ITOs (BS-16) now renamed as Inland Revenue Officer (IRO) (BS-16), to be regularised/adjusted to the extent of their promotion quota over a period of time without adversely affecting the process of recruitment against direct quota. The FBR, in compliance with various Courts' directions, granted antedated promotions to the promotee ITOs/IROs in BS-17 in 2004 and BS-18 in 2009, which resulted in promotions in excess of prescribed quota.