K.S. PATHANIA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY means of present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985 the applicant seeks direction from this Tribunal to direct the respondents to appoint the applicant as Member of the Settlement Commission Income Tax/Wealth Tax pursuance of his selection being made by the selection committee in their meeting held in April/May, 2012. The facts apparent from a conjunctive perusal of the pleadings raised by the parties and uncontroverted during the course of hearing are as under.

(2.) THE applicant herein joined the respondent department on 21st November, 1977 as Income Tax Officer (Group -A) on the recommendations made by the UPSC. He was further promoted as Joint Commissioner on 7th January, 1987, Additional Commissioner on 1st May, 1994, Commissioner of Income Tax on 26.6.2001 and then the Chief Commissioner of Income Tax on 31st January, 2000. The applicant is due for retirement on attaining the age of superannuation on 31st March, 2013. It is submitted that through out his service career the applicant earned good and very good service record. His work has always been appreciated by his superiors. The respondent No. 1 i.e. the Secretary, Ministry of Finance, Department of Revenue, New Delhi issued a letter on 24th January, 2012 for filling up the post of Member in the Settlement Commission (Income Tax/Wealth Tax). The aforesaid letter was circulated to all the officers equivalent to the post of Chief Commissioner of Income Tax who were eligible and intending to apply for the said post. The applicant being fully eligible applied on 31st January, 2012. The respondent No. 1 again issued another circular on 4.4.2012, calling applications for the same post, which was circulated on 24th January, 2012. The applicant again applied on 23rd April, 2012. It is submitted that the candidature of the applicant was considered by the selection committee consisting of Secretary, Government of India in their meeting held in the month of April/May, 2012. The persons who were considered and found eligible along with the applicant were offered appointment as Member on 31st May, 2012 whereas no offer of appointment has been issued to the applicant. In these circumstances, the applicant is before this Tribunal making following prayers: - -

(3.) PURSUANT to notice, the respondents resisted the claim of the applicant by filing a detailed written statement, wherein they have taken the following preliminary submissions which reads as under: - -