To, The Secretary, Department of Revenue, Ministry of Finance, Government Of India, North Block , New Delhi 110001 Sir

r , Subject : Additional Man power for the Income Tax Department and its Consequent Restructuring Vide F. No. A-11013/1/2013-Ad.VII dated 31st May, 2013 Regarding 1. Please refer to the above. At the very outset I congratulate you and all your colleagues for undertaking the massive Restructuring of the Department of Income Tax vide notification as referred to above with immediate effect i.e. 23rd May 2013 when Union Cabinet approved the proposal sanctioning additional man power at different levels as contained in Annex A enclosed with the same. In fact the Restructuring has been long overdue even before the VI Pay Commission was duly constituted by the Govt. Of India. The VI Pay Commission had in fact sympathetically considered these issues and recommended Apex Scale Of Rs. 80,000/ p.m. for the Chairman and the Members of Central Board of Direct Taxes which was duly accepted by the Govt. Of India (to be referred to as GOI hereinafter) and implemented as well with effect from 1st January, 2006 as per recommendations made by the VI Pay Commission. It had refrained from making any recommendation as to the Cadre Restructuring in various Departments simply being outside the terms of references made by the GOI. The matter was simply left to be resolved by the concerned Departments to finalise the same after due deliberation and also in consultation with Department of Personnel & Administrative Reforms with the approval of the competent authorities. The Central Civil Services (Revised Pay ) Rules , 2008 was duly notified by the Department of Expenditure under the Ministry of Finance on 29th August, 2008 which is deemed to have come into force on the 1st day of January, 2006 which inter-alia provided for the resultant benefit there under for the Government officials retiring between 1st January , 2006 to 31st August, 2008 as well . Now since Cadre Restructuring in the Income Tax Department has finally been approved by the Union Cabinet in its meeting held on 23rd May, 2013 as duly conveyed vide Cabinet Secretariat Note No. 20/CM/2013(i) dated May 27th, 2013 and also duly notified by the Joint Secretary , Department of Revenue in the Ministry of Finance vide

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F. No. A-11013/1/2013-Ad. VII dated 31st May, 2013. Para 2 of the said notification restricts the benefit arising out of the said Restructuring which inter alia states All the additional posts at different levels as per Annex-A stand created with effect from 23-11-2013 ( the date of Cabinet Meeting ).......... 3. Incidentally, sub Para (iii) of the said Para 2 of the said Notification further provides, The Cabinet has also approved the filling up of the additional posts in the HAG+ with all the existing C.Cs.I.T. being placed in the H.A.G.+ directly and thereafter a D.P.C. being conducted to place 26 of posts in HAG+ and Apex scales shall be issued separately. Further, Annex A of the said notification the following details : Sr. No. 1 2 3 Name of Posts Principal Chief Commissioner of Income Tax Chief Commissioner of Income Tax Principal Commissioner of Income Tax Pay Scale (INR) 80,000 (Fixed) 75,500 80,000 67,000 79,000 Additional Posts Created 26 91 184*

Note*: Total Post of Principal Commissioners of Income Tax be 300; Further details not being submitted as they are not the subject matter of reference for this letter. 4. In this context, it is to be submitted that the undersigned was member of Indian Revenue Service vide Civil list code No. 73010 and retired from the Department as Chief Commissioner of Income Tax V, Chennai after distinguished career of 35 years all over the country beginning from Kolkata ( erstwhile Calcutta ), Jaipur, Jodhpur, Bhopal , Delhi and Mumbai in the respective capacities as assigned to me from time to time. My superannuation took place on 31st August, 2008 and therefore privileged with my original P.P.O. having been issued with reference to my erstwhile salary in the old pay scale bearing No. 571270801326 dated 11/08/2008. It was indeed procedural that my P.P.O. has been revised twice vide orders dated 29/June/ 2009 and again yet another order dated 30/ Nov /2009 as per which pre commutation pension of Rs.17,864/ was raised to Rs.35875/ and Rs. 36,610/ respectively in view of my final last drawn pay having been fixed at Rs. 73220/ as on 31st August , 2008. I am grateful indeed that all these benefits along with the arrears were given to me by the GOI and its Officials on their own even without any effort on my own. The news of the Cadre Restructuring in the Department of Income Tax has been received by the retired senior members of I.R.S. with a mixed feelings of Happiness for our Junior Colleagues and yet , paradoxically , with sad feelings for ourselves in view of the Date from which this is being made operative. Taking my own case as an example, I would have been eligible for H.A.G. i.e. Principal Commissioner of Income Tax as on 1st January, 2006 and placed in H.A.G. + scale with effect from 1st February , 2006 in view of my promotion as C.C.I.T. Besides, I am sure of having reached the Apex Scale of Rs. 80,000/ not only in view of the annual increments but also in view of my own seniority in the service as I was at No. 18 of the Civil List as on the date of my Retirement after excluding the then Chairman and also the Members of the Central Board of Direct Taxes who had already been placed in the Apex Scale on the basis of the Recommendations of the VI Pay Commission.

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Considering all these facts as stated above , it is requested that a fresh look may please be given as to the Date from which the Cadre Restructuring of the Income Tax Department should be deemed to have taken place . It would be in the fitness of the things that this Restructuring is made operational with retrospective effect from 1st January, 2006 itself and the arrears of Salary/ Pension along with leave Encashment and also Pension Commutation are released to the concerned beneficiaries without any further delay. It shall be in consonance with the Constitutional Obligation of the GOI and also the principles of Natural Justice as also the principle of similar pay for the similar / same work. Needless to add that in terms of cost , what so ever GOI may have to incur with reference to Retrospective Cadre Restructuring of the Department, almost 32% of the same will return back to the GOI through the Direct Taxes from the Recipients of the benefits as almost everybody would be in the highest Tax bracket . The remaining cost will certainly be negligible if compared with the goodwill to be generated in favour of the Government in the minds of the beneficiaries and their family members particularly at this critical juncture where the Country stands today.

Thanking you and your Colleagues.

Date : 6th June , 2013-06-06

ASHWANI KUMAR, Indian Revenue Service (1973-2008) Chief Commissioner of Income Tax (Retd.) Copies forwarded for favourable and sympathetic consideration of : 1. Chairman , Central Board of Direct Taxes , Dept. Of Revenue, Ministry of Finance, Govt. Of India, North Block, New Delhi 110001; 2. The Honble Minister of Finance, Govt. Of India , North Block, New Delhi - 110001; 3. Secretary, Department of Personnel & Administrative Reforms, Govt. Of India , North Block, New Delhi - 110001; 4. Secretary, Dept. Of Expenditure, Ministry of Finance, Govt. of India, North Block , New Delhi ; 5. The Cabinet Secretary , Govt of India , Rashtrapati Bhawan Annexe, New Delhi -110001 with reference to the Cabinet Secretariat Note No. 20/CM/2013(i) dated May the 27 th, 2013; 6. President, I.R.S. Association with the request to take up the matter with the concerned Authorities

(ASHWANI KUMAR )