UNION OF INDIA Vs. VIKAS KERABA SURYAWANSHI

JUDGEMENT

(1.) THE petitioners, Union of India and ors. in WP (C) 8018 of 2010, have challenged the order dated 2nd November, 2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 1052/2010 alongwith the connected Miscellaneous Applications in M.A Nos. 2410, 2415, 2427, 2428, 2562 and 2594/2010 titled as ,,Vikas Keraba Suryawanshi & Ors v. Union of India & Ors wherein the Tribunal held that the Civil List published by the petitioners is not exclusively for seniority, but rather it is a directory of officers of different grades with their particulars including transfers and postings. In the circumstances while answering the reference, The Tribunal directed the petitioners to draw a seniority list within a period of two weeks by applying the relevant rules and thereafter, also allowed two weeks more time to the affected parties to represent against the said seniority list. A further period of two weeks was allowed to the petitioners to dispose of the representations, if any, and to finalize the seniority list. It was further directed that the finalized seniority list be published and thereafter, the DPC be held in association with the Union Public Service Commission. In the meantime the petitioners were directed not to act upon the promotions already effected by the DPC and to consider the claim of the Promotees to promotion as per the settled final seniority list and it was also directed that if during the interregnum any of the officials have retired and were later on found to be fit for empanelment then the petitioners were to accord them promotions with all the consequences. With these directions the Tribunal had disposed of the original application bearing O.A. No 1052/2010. The petitioners in the said writ petition WP (C) 8018/2010 have prayed for quashing of order dated 2.11.2010 in O.A no. 1052 of 2010 and connected Miscellaneous applications and also sought that the said petitioners be allowed to grant promotion to the grade of Junior Administrative Grade (JCIT) on the basis of the DPC that concluded on 23.09.2010. An application C.M 6728 of 2011 had also been filed in the said writ petition by respondent no.1/ Sh. Vikas Keraba Suryavanshi under Section 151 of Code of Civil Procedure seeking directions to take into consideration the information obtained under Right to Information Act i.e Office Notes of the Directorate of HRD (CBDT) contradicting the stand taken by the official Petitioners in the present writ petition and thus dismiss the writ petition and quash the ad-hoc promotion to the post of JCIT dated 30.3.2011 and sought directions to the official petitioners to comply with the directions of Tribunal given by order dated 2.11.2010 impugned before this Court.

(2.) THE petitioners in the WP (C) 8017 of 2010 are the direct recruit officers of Indian Revenue Service (Income Tax) of the year 2000 and 2001 batch. According to them official Respondents had held Departmental Promotion Committee (DPC) on 20.09.2010 to 23.09.2010 through which the petitioners were to be promoted to the rank of Joint Commissioner of Income Tax, since these petitioners were in the zone of consideration as per the seniority list prepared by the official respondents. They have challenged the order of Tribunal dated 2.11.2010 quashing the DPCs held from 20.9.2010 to 23.09.2010. These petitioners have sought quashing of Tribunal's order dated 2.11.2010 and have also sought that the official respondents be directed to act upon the minutes/result of DPCs and promote the petitioners and other eligible officers of 2000 and 2001 batch of IRS from grade of DCIT to JCIT. In the said petition an application for intervention has been filed by Sh.M.M.S Attri contending that by the time DPC took place, the applicant had superannuated in August, 2010 though he is a promotee Deputy Commissioner promoted on 01.01.2005. He has also sought reiteration of directions of Tribunal in paras 36 and 37 of order dated 2.11.2010.

(3.) IN the year 2001, the petitioners had created a large number of Group "A" posts due to a comprehensive Cadre restructuring of the Income Tax Department. While creating these posts it was also decided by the competent authority that all the posts sanctioned in the various grades would be filled through promotions from the feeder grade.