9911796707
TMI Blog2015 (3) TMI 897X X X X Extracts X X X X X X X X Extracts X X X X ..... TAT in lieu of the selections already made and/or issue appropriate writ of order for the enforcement of its order dated 17-09-2009 in SLP(C) No.13681 of 2007; and (b) Direct the respondent to (sic) petitioner as AM of ITAT in pursuance of the selection list of 2005;" The case has a long chequered history and for an effective adjudication of the entitlement of the petitioner - Inturi Rama Rao to the reliefs prayed for a brief recital of the relevant facts will be necessary. By an advertisement dated 21st January, 2005, 13 posts of Accountant Members and 9 posts of Judicial Members in the Income Tax Appellate Tribunals of the country were advertised. A Select List of 18 persons, 13 for the post of Accountant Member and 5 for the post of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ministrative Tribunal was affirmed by the Delhi High Court in the Writ Petitions filed by the Union of India. As against the order of the Delhi High Court, the Union of India filed Special Leave Petition (Civil) Nos. 13606-13608 of 2009 which were converted into Civil Appeal Nos. 6567-6569 of 2010. The said appeals were allowed by order dated 17th November, 2011. Review Petitions as also the Curative Petition filed by the present petitioner (Respondent in Civil Appeal Nos. 6567-6569 of 2010) have also been dismissed. It is in the aforesaid circumstances that the present writ petition under Article 32 of the Constitution of India has been filed seeking the reliefs earlier noticed. A reading of the judgment dated 17th November, 2011 passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... those recorded in the order dated 17th November, 2011 in the aforementioned Civil Appeals i.e. Civil Appeal Nos. 6567-6569 of 2010. However, taking the aforesaid order as it is, what we find is that notwithstanding the statement made on behalf of the Union of India before this Court that vacancies in the future will be made only after the amendments in the Rules are carried out, the Union of India has initiated a process to make further appointments without amending the Rules. If persons eligible under the then existing Rules which are in force even today are to be considered for appointment, surely, the petitioner, who is a wait-listed candidate, will also have to be considered for appointment by consideration of his entitlement for appoi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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