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FBR flouts SC, FST verdicts
 
 
 
SALMAN ABDUHOO
LAHORE - The Federal Board of Revenue (FBR) has been denying promotions to its Income Tax inspectors, flouting the clear verdicts of the Supreme Court of Pakistan and the Federal Services Tribunal in favour of their upgradation, as no inspector has been promoted since 1983, The Nation learnt.
Federal Service Tribunal, to the appeal of the affected inspectors, passed the ruling against the then Central Board of Revenue, directing the department to give the inspectors their due promotions with immediate effect.
The documents available with The Nation, revealed that according to recruitment rules of 1981, CBR inspectors promotion to the post of Assistant Income Tax Officer (BPS-16) were usually made through promotions. However, the Central Board of Revenue, through a notification dated 5-7-1995 changed the service rules, introducing a new method of promotions. According to this, the 50 percent appointment for the post of AITOs (BPS-16) would be made through promotions while the rest of vacancies would be filled through examinations.
But the FST, to the appeal (508/L/1999), held that the CBRs new rules are applicable only for those inspectors who joined the service after its issuance.
The CBR went to the Supreme Court of Pakistan against the FSTs ruling, but the SC also dismissed the CBR appeal on 23-2-2007. The department again filed a review appeal (242/L/2008) which was also dismissed second time.
The inspectors pleaded before the court as well as the FST that the CBR was constantly refusing their promotions, as the department made the last promotions in 1982-83 and after this no upgradation was made in and below the rank of income tax inspectors.
They pleaded that only the income tax inspector has not been given promotions, who are working still in 14th scale while in every other federal department inspectors are given 16th grade. They said that the Income Tax Inspectors had been deprived of their due right of promotion, as they joined the department as an inspector and retire also as an inspector. The government has totally failed to achieve its revenue target because its main staff, which can collect the revenue with efficient way, his morale has come down, due to persistent denial for upgradations.
Instead of implementing the court orders to promote the inspectors to AITOs, the department appointed new 76 Income Tax Officers in 2006. After this the Attorney General of Pakistan wide his letter No 1(5)2006/AGP dated 2-3-2006 asked the Establishment Division to convey the ruling of the Supreme Court and FST to all concerned divisions for the implementation.
The Attorney General in the letter observed: Orders passed in service matters by the Federal Services Tribunal against the government are not implemented as per directions. The Government Departments are hereby informed that unless the order of the FST is suspended by order of the SC the same must be implemented. This eventuality of informing the government departments has arisen because recently the Supreme Court has started taking a very serious note of this fact and in some of the cases heavy costs up to Rs 50,000 has been imposed by the Court simply for the reason that the government department has not implemented the orders. The Secretary Establishment is further requested to convey this message to all the concerned departments of the government.
 
 
on epaper page 16
 
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