UNION OF INDIA Vs. M. N. NARASIMHA MURTHY

JUDGEMENT

(1.) Petitioners have sought for quashing of the order dtd. 1/8/2019 (Annexure - A) made in application No. 170/00543/2019 and also the order dtd. 21/9/2022 (Annexure - B) made on Review Application No. 170/00017/2020 passed by the Central Administrative Tribunal, Bengaluru, dismissing O.A. No. 543/2019 filed by respondent No. 1.

(2.) Heard learned counsel for petitioners, learned Additional Solicitor General of India and respondent No.1 - party in person.

(3.) Respondent No. 1 - Sri. M.N. Narasimha Murthy was initially appointed as LDC on 3/8/1994 in the cadre strength of Directorate of Revenue Intelligence (DRI for short). He was promoted as Tax Assistant with effect from 27/6/2003 and further as Senior Tax Assistant with effect from 18/9/2006 in the office of DRI. Respondent No.1 belongs to Scheduled Tribe. Respondent No.1 filed O.A. No. 58/2008 before the Central Administrative Tribunal (CAT for short), Bengaluru against the order dtd. 13/10/2007 passed by petitioner No. 4 in which it was stated that the policy of reservation does not apply to the posts to be filled up by transfer/deputation under the Recruitment Rules for the post of Intelligence Officer, Directorate of Revenue Intelligence and Directorate of Anti-Evasion (Group C and D posts) under Recruitment Rules under notification No. GSR 498 dtd. 11/8/1990. The relief was also sought to quash the Recruitment Rules GSR 498 dtd. 11/8/1990. The respondents in that O.A. made submissions that they have taken action to frame appropriate Rules and a copy of the letter was produced to the CAT and therefore, the CAT permitted to withdraw the O.A. and disposed of on 1/12/2008 with the following directions: