GIANENDER Vs. UOI

JUDGEMENT

(1.) OA No.2096/2009 filed by the petitioners has been dismissed vide impugned order dated 8.12.2009 passed by the Tribunal.

(2.) THE grievance of the petitioners can be put in two compartments.

(3.) THE petitioners were appointed as Inspectors in the Income Tax Department on the strength of they being members of a Scheduled Caste. THEy do not dispute that a limited departmental qualifying examination has to be cleared by all candidates working as Inspectors to be promoted as Income Tax Inspector. Parties are not at variance that the examination is a qualifying and not a competitive examination and out of those who attained the cut off percentage only those would be promoted who are senior i.e. based on seniority the vacancies get exhausted. Parties are also not at variance that in the year 2004 when the petitioners took the Limited Departmental Qualifying Examination qualifying marks prescribed for general candidates were 60% and for SC/ST candidates 55%. Parties are not at variance that the petitioners obtained marks ranging between 55% to 58.9% i.e. none of them obtained 60% marks.