SH. GAURAV SINGH AND ORS. Vs. UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, GOVT. OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicants of this O.A. are directly recruited Income Tax Inspectors of Delhi Region. According to them, they had all applied for the post of Income Tax Inspector in response to an advertisement dated 23.07.2005 issued by Staff Selection Commission (SSC). The preliminary examination was held on 13.11.2005 followed by the main examination in the year 2006. Subsequently, interviews were held in 2007. All the applicants qualified in the said examination and the final result was declared by the SSC in 2008 after which their dossiers were forwarded, the character and antecedents of the applicants were verified and they were also asked to undergo medical examination. Finally, they joined their posts on different dates in the year 2008 -09.

(2.) PRIOR to their joining, Gujarat High Court in the case of UOI & Ors. Vs. N.R. Parmar & Ors. (Special Civil Appeal No. 3574 of 2004) had delivered a judgment on 17.08.2004 in which it was held that the seniority of direct recruit Income Tax Inspectors was to be determined on the basis of their actual appointment. This judgment was challenged before the Hon'ble Supreme Court by both direct recruit Income Tax Inspectors as well as UOI by means of SLPs. The Hon'ble Supreme Court granted special leave in all these SLPs which were challenged in Civil Appeal Nos. 7514 -7515 of 2005 and connected CAs in the case of UOI & Ors. N.R. Parmar & Ors.

(3.) IN pursuance of these interims directions of the Hon'ble Supreme Court, the official respondents herein issued a seniority list dated 26.04.2010. This seniority list was prepared in accordance with the judgment of Hon'ble Gujarat High Court and was subject to the final outcome of the Civil Appeals pending before Hon'ble Supreme Court.