TMI Blog2013 (9) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... at rota quota rule as available to employees should be given. Once a law has been declared by the Hon'ble Apex Court, then, from that moment onwards, and also when originally they shall relate to the situation canvassed and to the law of land which had changed it becomes immediately applicable and thereafter there is no question of any re-consideration on its implementation other than through the judgment of Hon'ble Apex Court. It is pointed out by all parties that thereafter Government has filed a review application which also was dismissed in August, 2013. Therefore, the law declared by Hon'ble Apex Court in Parmar's case will rule the field. The approach of further consideration is improper and totally illegal. 2 We have heard Mr Bhaskar P Tanna Sr. Advocate assisted by Mr M S Trivedi and Ms Mahrook N Kerravala, learned counsel for the applicants, Mrs M R Bhatt, learned counsel for the official respondents and Mr M S Rao, learned counsel for the private respondents in great detail. Before commencing on the findings, we would like to refer to another decision of Hon'ble Apex Court in Union of India vs. Hemraj Singh Chauhan reported in (2010) SCC (L S) 1002 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich says that the department is already seized with this issue in the context of the impact of Supreme court judgment on the policy for determination of inter se seniority of direct recruit and promotees and consequent administrative action to be taken in consultation with DoLA. However, the impact of the judgment on the seniority of the officers of Income Tax Department has to be assessed and analysed by the Department of Revenue and specific issues should be brought forward so as to enable DoPT to examine the same and give its comments. The comments of DoR would also facilitate a comprehensive examination/advice of the DoLA while considering the general policy file of DoPT. In this context, the advice of DoLA in the Para 24 of p-88/Notes is relevant. The department of Revenue may be advised to take necessary action accordingly. It may be noted in this connection that this requirement broached by CBDT was a fundamental challenge against the finer principles of law and principles of justice. When an adjudicatory authority passes an order, it is not open to any of the functionaries of government to have a consideration of it whether for the purposes of re-consideration or for re-e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s have passed and therefore , the respondents have had considerable time to consider the matter. The objections received by the respondents is of common nature on one point, with regard to the effect of implementation of Parmar Judgment. We, therefore, asked and official representative Mr Deepak Vaidya, whether he had gone through the objections received and the nature of the objections raised. He submitted that the objections mainly referred to were with regard to the effect of implementation of the Parmar Judgment. Therefore, there cannot be any great difficulty in considering the matter of 150 objections, even though numerically it is said to be in the higher side. All these are in one stream of activity and one that can be finalised and there may not be any difficulty in disposing of the cases. 9 The learned counsel for applicant submits that judgment of Jabalpur Bench which had allowed adhoc appointments to be made had been set aside by the Hon'ble High Court of Jabalpur and therefore it may not be applicable/relevant. He also pointed out the judgment of the Mumbai Bench of the Tribunal which mention certain facts which the learned counsel for respondents said may not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re free for this purpose. 3 This Committee shall consider the date of appointment as pointed out by Mr Rao, so that the Supreme Court's order cannot be manipulated in any manner. 4 At the end of one month period, a new final seniority list shall be brought into effect and positions of all concerned shall be re-arranged forthwith. 5 If there are any lacunae in the determination made by the CC, all such employees are hereby granted liberty to approach the Tribunal for redressal of their grievances on their individual representations that they have already submitted and also which they may submit after the recasting is done highlighting their specific grievance. Therefore, the interest of all the general public in having the best governance possible, the interest of all the employees in having the rightful level of seniority and the department in proper utilisation of their employees force shall be finalised if the time factor is expeditiously kept as proposed and directed 11 The learned counsel for applicant would like to clarify that paragraphs 33 of the Apex Court in the case of N R Parmar are of crucial in nature . We do not propose to do so. We can only assert tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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