LACHHMI NARAIN GUPTA Vs. JARNAIL SINGH

JUDGEMENT

(1.) THE instant petition under Article 226 of the Constitution has been filed by the Income Tax Inspectors belonging to the General category, against the orders dated 11.12.2008 (P -6) and 7.5.2009 (P -9) passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal'), in OA No. 519 -PB -2007 and RA No. 24 of 2009 respectively. The Tribunal has issued directions for consideration of the cases of the Income Tax Inspectors belonging to Scheduled Caste category for promotion to the posts of Income Tax Officer on the basis of their 'own merit' resulting in consumption of General category posts as against the roster point promotion, relaxed qualification promotion and other concessions. The necessary consequence is shrinking of General category seats for the inspectors belonging to General category and more posts becoming available to Schedule Caste category. The Tribunal has issued directions for consideration of their cases with effect from 11.6.1995 when 85th amendment of the Constitution came into operation. Sarvshri Jarnail Singh, Balbir Singh and Som Parkash respondent Nos. 1 to 3, who belong to the reserved category of Scheduled Caste, and working as Income Tax Inspectors filed O.A. No. 519 -PB -2007 before the Tribunal with a prayer for quashing circular/order dated 5.7.2007 (P -1). It was vide circular and order dated 5.7.2007 that an eligibility list of Income Tax Inspectors was circulated, who were to be considered for promotion to the cadre of Income Tax Officer for the relevant year 2007 -08, after their clearance by vigilance. The applicant -respondent Nos. 1 to 3 claimed that as a result of the proceedings held by the Departmental Promotion Committees from 1997 to December, 2006, no candidate belonging to Scheduled Caste category was promoted by complying with the rule of reservation. All the Scheduled Caste category candidates who had been promoted were those persons who got promotion on the basis of their own merit cum -seniority and not on account of grant of benefit of reservation. Referring to OM No. 36028/17/2001 Estt. (Res.), dated 11.7.2002 (R -1), the applicant -respondent Nos. 1 to 3 agitated before the Tribunal that they had to be adjusted against unreserved roster points belonging to General category post and then the roster points meant for reserved candidates are required to be filled up from amongst the candidates belonging to reserved categories. In case, this exercise is carried out then applicant -respondent Nos. 1 to 3 were likely to be benefited. Prior to filing of the original application, the applicant -respondent Nos. 1 to 3 sought information regarding proceedings of the DPC for promotion of Income Tax Officers held during the years 1997 to 11.12.2006 as well as copies of the panels. Those were accordingly supplied to them on 11.6.2007 and 25.4.2007 (P -2 and P -3). From the said information the following facts and data is revealed: -

(2.) IT has further been stated by the applicant -respondent Nos. 1 to 3 that as per proceedings of the meeting dated 12.11.2006, the sanctioned strength of ITOs were raised to 329. Against 46 roster points, 62 points were being occupied by candidates belonging to Scheduled Caste category, which also includes 3 SC category officers who were promoted as per their own merit/seniority. In this manner, only 59 SC candidates were working in the department against reserved points, which was in excess of the prescribed quota for SC category. In para 3(ix) of the OA, the applicant -respondent Nos. 1 to 3 have also furnished the detail of candidates who were selected on the basis of their 'own merit' during the period from July 1997 to October 2000. They claimed that out of 42 SC candidates, 20 SC candidates were promoted to the posts of ITO on the basis of their 'own merit' and without granting any relaxation in respect of qualification etc. because they had cleared the ITO Examination with standard prescribed for General category. The applicant -respondent Nos. 1 to 3 also filed representations dated 7.12.2006 (P -4) and 20.7.2007 (P -5) asserting that the SC category candidates who got their promotion as per their own merit must be held to have consumed the posts belonging to General category and promotion of additional SC candidates as per their quota is required to be ordered.

(3.) IN reply to para 3(ix) of the OA it has been highlighted that out of 20 officials named by the applicant -respondent Nos. 1 to 3, as many as 14 officials were promoted in the DPCs held prior to the issuance of the instructions dated 11.7.2002. For becoming eligible for promotion to the post of Income Tax Officer, the official is required to qualify the Departmental Examination for Income Tax Inspector for confirmation in that cadre. With regard to the officers pointed out by the applicant -respondent Nos. 1 to 3, it has been stated that Smt. Ritu Wariah had qualified the Departmental Examination for Income Tax Inspectors with relaxed standards, therefore, she was not considered as 'own merit' candidate for promotion to the post of Income Tax Officer. The remaining officers, who were promoted in DPCs held subsequent to the issuance of instructions dated 11.7.2002 on the basis of 'own merit', it has been pointed out that they were promoted by extending them the benefit of relaxed standards in qualifying the Departmental Examination as under: - <FRM>JUDGEMENT_838_ILR(P&H)1_2012.htm</FRM>