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2020 (1) TMI 1567 - KARNATAKA HIGH COURTDirection to respondents to grant applicants pro-forma/notional promotion to the post of Principal Commissioners of Income Tax and consequential retirement benefits - HELD THAT:- The petitioners would try to assert that while the petitioners were still working as Commissioners of Income Tax, a Government Order came to be passed on 31.05.2013, wherein a decision which was taken by the 1st respondent-Government is to increase the strength of Chief Commissioner of Income Tax from 116 to 300 thereby taking a decision to increase additional 184 posts. When the said decision was taken, the applicants were still in service and they were in consideration zone, however meeting of the ACC was not scheduled till 30.01.2015. In fact, list of the Officers who were under consideration zone for the panel year 2013-14 was prepared vide office order dated 30.01.2015 in No.18/25/2014-EO(SM.II). The same would indicate the name of all the petitioners and D.B. Manival Raju. In the subsequent proceedings initiated by the petitioners, the Tribunal has ignored to look into its own earlier order; also the reasoning assigned by the Tribunal to consider the prayer of D.B. Manival Raju for notional promotion and consequential benefits is ignored, while considering the petitioners’ applications. It clearly discloses that there is no parity in the order passed by the Tribunal while considering the prayer of petitioners which is similar to the prayer of D.B. Manival Raju, in earlier application. This Court is of the considered opinion that the order dated 07.02.2018 in O.A.Nos.621-623/2016 is required to be quashed - petition allowed.
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