CHANDRA PRAKASH SHARMA Vs. CAT

JUDGEMENT

(1.) THESE writ petitions, preferred by the incumbents holding the post of Inspector of Income Tax and by the department, are directed against the common order dated 08.09.2003 as passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur ('the CAT') in 4 connected Original Applications (OA Nos.270, 271, 275 and 293/2002) in relation to the dispute of seniority between the direct recruits and promotees. Two of the OAs, bearing Nos.270/2002 (R.K. Bohra Vs. UOI & Ors.) and 293/2002 (Ranjeet Singh Rathore Vs. UOI & Ors.) had been by the applicants who were selected to the post of Inspector of Income Tax in the year 1989 and joined respectively on 25.01.1989 and 17.01.1989 in Gujarat Circle. Both of them requested for their inter-state transfer from Gujarat to Rajasthan; and such requests were accepted under the communications dated 30.03.1992 and 20.02.1992 respectively. Pursuant to the transfer orders, the applicant of OA No.270/2002 Shri R.K. Bohra joined at Jodhpur on 13.04.1992 and of OA No.293/2002 Shri Ranjeet Singh Rathore joined at Jodhpur on 23.06.1992. The applicant of OA No.271/2002 Shri G.R. Chalana has been promoted on the post of Inspector of Income Tax and joined as such on 06.08.1993. The applicant of OA No.275/2002 Shri Bhanwar Lal Soni has also been a promottee who joined as Inspector on 10.08.1993.

(2.) IN the OAs aforesaid, filed in respect of the dispute of the seniority between the promotees on one hand and direct recruits on the other, the CAT accepted the contentions urged by the applicants and, while quashing the impugned seniority list, directed the official respondents to refix the seniority of the applicants and the private respondents in the light of the observations made in the impugned order dated 08.09.2003.

(3.) TODAY , the learned counsel for the parties submit ad idem that the controversy has finally been adjudicated and pronounced upon by the Hon'ble Supreme Court in its judgment dated 27.11.2012 as passed in a batch of appeals led by Civil Appeals Nos.7514- 7515/2005 : Union of India and Ors. Vs. N.R. Parmar and Ors. It is also submitted that now, the re-assignment of seniority shall have to be carried out by the department pursuant to and in conformity with the order as made and directions as issued by the Hon'ble Supreme Court. For ready reference, we may refer to the operative part of the judgment of the Hon'ble Supreme Court as under : -