LAWS(CA)-2014-12-42

RAJEEV KESARWANI Vs. UNION OF INDIA

Decided On December 18, 2014
Rajeev Kesarwani Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE instant Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 impugns Notification dated 17.10.2012 (Annexure A -1) appointing the applicants as Deputy Commissioner of Income Tax (hereinafter referred to as DCIT) w.e.f. 17.10.2012 instead of 01.01.2011 as they were appointed against the vacancy year 2006. In other words, the dispute relates to antedating the date of appointment as DCIT from 17.10.2012 to 01.01.2011.

(2.) THE applicants have prayed for the following relief(s): - -

(3.) THE applicants have further relied upon the decision of Principal Bench of this Tribunal in case of Swaran Singh Sampla versus Union of India & Others [OA No. 1850/2010 decided on 28.01.2011] wherein the applicant had sought antedating of his promotion from 01.01.2008 to 01.01.2007. The Tribunal relying upon the decision in S.K. Shukla s case (supra) which stood affirmed upto the Apex Court directed that the applicant be promoted to the post of DCIT w.e.f. 01.01.2007 with all consequential benefits. This order was challenged by way of WP(C) No. 7171/2011 before the Hon'ble High Court of Delhi which, again relying upon the decision in S.K. Shukla s case (supra) had quelled the challenge.