TMI Blog2016 (6) TMI 1230X X X X Extracts X X X X X X X X Extracts X X X X ..... or 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, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me Tax (ACIT) for the vacancy year 2014-15. 2. The applicant claims that the DPC is proposing to consider the Officers in the cadre of Income Tax Officers for promotion to the cadre of Assistant Commissioner of Income Tax on the basis of the seniority list that was in vogue prior to the judgment of the Hon ble Supreme Court dated 27.11.2012 in Civil Application No.7514-15/2015 which is commonly known as N.R.Parmars case. 3. The applicant entered into services of the Income Tax Department in the year 1993 as an Inspector of Income Tax. He was promoted to the cadre of Income Tax Officer in the year 2003. That in view of the decision of the Hon ble Supreme Court in said N.R.Parmar (supra), the respondents are required to review the seni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner of Income Tax of all regions to convey the status of vigilance clearance in respect of the Income Tax Officers pertaining to the respective regions. Being aggrieved by the process initiated by the respondents by issuing the said communication dated 04.9.2015 vide Annexure A/1, the applicant presented the instant OA with a prayer to quash and set aside the same. He is also seeking a declaration that the action on the part of the respondents in not preparing / finalising the All India Level Seniority List in respect of the cadre of Income Tax Officer in obedience of the directions of the Hon ble Supreme Court in N.R.Parmar (supra) is illegal etc. 5. Pursuant to the notice of the OA, the respondents entered appearance and filed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eeting notice dated 15.6.2016 he argued that the necessary direction be issued to the respondents to direct the DPC to consider the claim of the applicant for promotion to the cadre of ACITs based on the ranking assigned to him by the Principal Commissioner of Income Tax of Gujarat region. He argued that if the respondents were not to be directed to consider the case of the applicant in the DPC Meeting to be held on 20.6.2016, the very purposed of filing this OA will automatically stands defeated. 8. Per contra, Ms.M.M.Bhatt, learned counsel for respondents argued that All India Seniority List pertaining to the cadre of Income Tax Officers could not be finalised in view of the pendency of litigations before various Benches of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nalising the seniority of All India seniority can be faulted upon. She prayed that the OA be dismissed. 10. On perusal of the documents annexed thereto and upon hearing the learned counsel for the parties, we find that the facts are not in dispute. The applicant is also not in a position to point out that as on today, the CBDT is in receipt of the seniority list of ITOs from all the regions. Shri M.S.Trivedi is not in a position to controvert the submission of Ms.M.M.Bhatt that several litigations are pertaining to the seniority list in respect of different regions are pending before the various other Benches of the Tribunal. Considering the submission of Ms.M.M.Bhatt, we are in full agreement with her that there exists certain genuine d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the DPC is meeting to consider ITOs for promotion to the cadre of ACIT only on adhoc basis in respect of the vacancy for the year 2015-16. The Officers to be considered by the DPC are not going to be promoted on regular basis. 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 (supra), 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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