BANDANA DIWEDI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE applicant has filed this Original Application under section 19 of the Administrative Tribunals Act, 1985, seeking following reliefs: - -

(2.) THE facts may be noticed in the first instance. The applicant came to be appointed as a Inspector in the then scale of Rs. 500 -900 vide letter dated 21.8.1986 and she joined her duties at Akola in Nagpur on 5.9.1986 in the Income Tax Department. She was assigned the seniority with effect from 5.9.1986. She qualified the Inspectors" Examination in the year 1988. However, due to personal reasons, the applicant sought inter -charge transfer to North West Region and on acceptance, she joined at Chandigarh as a Inspector on 2.7.1990. The applicant was placed below the appointee of 1990 who was appointed against the vacancy of 1989. The next channel of promotion from the post of Inspector is to the post of Income Tax Officer which is governed by Ministry of Finance, Department of Revenue Income Tax Officer Group "B" posts Recruitment Rules, 1994. The post is to be filled in from amongst the Income Tax Inspectors with three years of regular service in the Grade and who have passed the departmental examination for Income Tax Officer. The applicant qualified the Income Tax Officer examination in the year 1993.

(3.) THE applicant submits that while promoting her in the year 2001, the Respondents did not take into consideration the service rendered by her in earlier Region in violation of the law laid down by the Hon'ble Apex Court in the case of Renu Mallick Versus Union of India : (1994) 1 SCC 373, Scientific Adviser, Raksha Mantralaya and another Versus V.M. Josef : (1998) 5 SCC 305 and Union of India and another Versus V.N. Bhatt : (2003) 8 SCC 714. It is pleaded that the respondents promoted Sh. Rakesh Kumar, who was appointed on 10.11.1986, against the 1984 year of recruitment/vacancy to the post of Assistant Commissioner of Income Tax (Junior Scale) vide order dated 26.10.2005 and then promoted him to the next post of Deputy Commissioner of Income Tax (Senior Time Scale) with effect from 1.1.2009 vide order dated 8.12.2009 whereas applicant was left in lurch. She claims benefit of decision rendered by the Principal Bench of the Tribunal wherein the Bench has allowed counting of pre -transfer service in new establishment towards eligibility.