TMI Blog2020 (1) TMI 1567X X X X Extracts X X X X X X X X Extracts X X X X ..... tional 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 applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cations were filed by the petitioners herein relying upon an order passed by the Tribunal in OA No.170/01698/2015 in the matter of Sri D.B. Manival Raju vs- Union of India another where similar prayer by the applicant in the said application was considered by the Tribunal by its order dated 21.06.2017. 3. The brief facts leading to the application which was filed by D.B. Manival Raju and as well as the application filed by the petitioners are as under: The petitioners herein and as well as D.B. Manival Raju- the applicant in earlier proceeding were serving as Commissioners of Income Tax in the office of the 2nd respondent-Income Tax Department. The records would indicate that the 1st applicant retired on 30.09.2013 while servin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Admittedly, all these four persons were retired much earlier from the date of preparation of the said list on 30.01.2015 by the ACC. 5. Hence, the person at Sl.No.97 i.e., D.B. Manival Raju has approached the Tribunal by filing an application in O.A.No.1698/2015, where his prayer to consider him for notional promotion was allowed, thereby indicating that as on the date when his name was due for consideration, since he was not promoted, he is entitled to be considered for notional promotion to ensure that he is eligible for all benefits as if he were to be in service at that time. Thereafter, the petitioners herein also approached the Tribunal by filing O.A.Nos.621-623/2016 for similar relief, the said applications were taken up for cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers, 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. 8. In that view of the matter, 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. Accordingly, the same is quashed and consequently, the respondents are directed to ensure that notional promotion is considere ..... X X X X Extracts X X X X X X X X Extracts X X X X
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