Tribunals and CommissionsDivision Bench(2021) 02 CAT CK 0507

Chetan Prakash Bhatt & Ors. vs Union Of India & Ors.

Central Administrative Tribunal, Principal Bench, New Delhi · Decided on 1 February 2021

HON’BLE JUDGES
L. Narasimha Reddy, Chairman · Aradhana Johri, Member (A)
CASE NUMBER
OA No. 189/2021

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Judgment

8 paragraphs · 284 words

Justice L. Narasimha Reddy : Chairman

The applicants were initially appointed in Group ‘D’ posts in the Income Tax Department. Thereafter, they have been promoted to the post of Tax Assistant in the years 2016-2017. The appointment to the post of Tax Assistant is through direct recruitment as well as promotion. The department published a draft seniority list for the cadre of Tax Assistant as on 05.04.2019. This OA is filed challenging the draft seniority list published on 05.04.2019.

2.

The applicants contend that several direct recruit Tax Assistants who were appointed much after the promotion of the applicants were shown as seniors and the same is contrary to law. Several other contentions are also urged.

3.

We heard Shri M.K. Bhardwaj, learned counsel for applicant and Shri K.M. Singh, learned counsel for respondents, at the stage of admission.

4.

The applicants feel aggrieved by the places assigned to them in the draft seniority list. Way back on 05.04.2019 that list was published. It is not known as to whether the applicants have submitted their objections to the draft seniority list. It is natural that the concerned authority has to take into account, the objections submitted to the draft seniority list, before the final seniority list is published.

5.

We, therefore, dispose of the OA, directing that in case the final seniority list for the post of Tax Assistants has not been published yet, the objections if any, submitted by the applicants, shall be taken into account. The exercise in this behalf shall be completed within three months from the date of receipt of a copy of this order.

Pending MA No.222/2021 shall stand disposed of.

There shall be no orders as to costs.