MUKESHKUMAR MANSUKHBHAI SOLANKI Vs. UNION OF INDIA

JUDGEMENT

(1.) As common question of law and facts arise in this group of petitions, all these petitions are decided and disposed of together by this common judgment and order.

(2.) At the outset, it is required to be noted that this is a glaring example of total inaction on the part of the respondent department in not following and / or complying with the judgment and order passed by the Hon'ble Supreme Court in the case of Union of India & Ors. vs. N.R. Parmar & Ors reported in (2012) 13 SCC 340 and in not revising the seniority list in the cadre of ITO since last more than 5 years and on the contrary the department has continued to grant the promotion on ad hoc basis in the cadre of ITO operating the seniority list Pre-N.R. Parmar (supra)decision of the Hon'ble Supreme Court. It is also required to be noted at this stage that even in the year 2013 the Central Administrative Tribunal and thereafter in the year 2014, the Division Bench of this Court directed to prepare the revised seniority list as per the decision of the Hon'ble Supreme Court in the case of N R Parmar (supra) and thereafter even Contempt Proceedings were initiated and the directions were issued, till date the seniority list in the cadre of ITO has not been revised as per the decision of the Hon'ble Supreme Court in the case of N R Parmar (supra) which has been rendered as far as back in the year 2012 and therefore, the respective petitioners have no other alternative but to approach this Court by way of present Special Civil Applications making the grievance about inaction on the part of the department in not revising the seniority list in the cadre of ITO by following the decision of the Hon'ble Supreme Court in the case of N R Parmar (supra)and consequently in not granting the promotion to the petitioners to the post of ACIT.

(3.) The facts leading to the present petitions in nutshell are as under: