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2016 (6) TMI 1230 - CENTRAL ADMINISTRATIVE TRIBUNAL, AHMEDABADHolding DPC for the purpose of promotion from the cadre of Income Tax Officer (ITO) to the cadre of Assistant Commissioner of Income Tax (ACIT) for the vacancy year 2014-15 - Held that:- No material whatsoever has been placed by the respondents before the Tribunal to show that even if the DPC were to consider the officers in the cadre of ITOs as per the All India Seniority List to be published in terms of N.R.Parmar (2012 (12) TMI 872 - SUPREME COURT), the applicant is not entitled to be considered for promotion. They should have pointed out the total available vacancies for the vacancy year 2015-16 and the approximate position of the applicant in the proposed seniority list. No such exercise was undertaken. It is not the case of the respondents that there are several other officials, who are senior to him in the cadre of ITOs before the he gets his turn to be considered. Thus, in the fitness of the facts and circumstances of the case, we are constrained to come to the conclusion that the anticipation of the applicant that he may fall within the limit of the officers who are entitled to be considered by the DPC is well governed. Therefore we are of the opinion that interest of justice will be served, if the respondents are directed to consider the case of the applicant for adhoc promotion to the cadre of ACIT for the vacancy year 2015-16 in the meeting of the DPC scheduled to be held on 20.6.2016 at 10:30 AM in the Chamber of Chairman, CBDT, irrespective of the ranking in the seniority list in the pre-N.R.Parmar or post-N.R.Parmar. It is made clear that the adhoc promotion to be granted to the cadre of ACIT if recommended by the DPC having found him fit in all other respects, the same will not confer any right.
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