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Judgment
(As per Hon’ble Mr. Manish Garg, Judicial Member)
In the instant OA, the applicant is seeking the following relief:
“To declare that inaction of the Respondent No. I to 3 in not deciding representations of the applicant including Representation dated 07.03.2024 & 18.07.2024 to which clarifications were sought by Respondent No. I vide letter dated 23.06.2025, which were clarified by Respondent No. 4 vide letter dated 03.09.2025 regarding the seniority of the applicant is arbitrary, unlawful, violative of service regulations including CCS rules, violative of Articles 14 and 16 of the Indian Constitution and consequently;
a)Call for the records pertaining to the Applicant's seniority and consequential promotions;
b)Direct the Respondents to consider and dispose of the pending representations including representation dated 07.03.2024 & 18.07.2024 in light of clarification by Respondent No. 4 vide letter dated 03.09.2025 and revise and re-fix the Applicant's position in the All India Inter-se Seniority List by treating the Applicant as belonging to Vacancy Year 2000-01 in the cadre of ITO instead of Vacancy Year 2003-04 along with all consequential service benefits including revision of seniority in the cadres of ACIT, DCIT and JCIT;
c)Direct the Respondents to grant notional promotion with all consequential benefits including pay fixation, arrears;
d)Direct the Respondents to consider the Applicant for all due promotions from the date on which the Applicant’s immediate juniors were promoted; and
e)Pass such other order or orders as this Tribunal may deem fit and proper in the circumstances of the case.”
When the matter is taken up for admission hearing, the learned counsel for the Applicant submitted that the applicant had submitted representations dated 07.03.2024 and 18.07.2024, requesting for revision of his seniority in All India Inter-se Seniority List of DCsIT/ACsIT and inclusion of his name in the seniority list of IRS officers in the grade of DCIT/ACIT upto 2015 Batch as on 01.01.2024, and the same are pending disposal, and a direction may be given to the respondents to dispose of the same by affording an opportunity of hearing to the applicant within a time bound manner.
Mrs.B.Gayatri Varma, learned Senior Central Govt. Standing Counsel, appears on behalf of the Respondents and seeks time to file response.
However, considering the submission made by the learned counsel for the Applicant, the OA is disposed of at the admission stage with a direction to the respondents to dispose of the applicant’s representations dated 07.03.2024 and 18.07.2024, by affording an opportunity of hearing to him by passing a reasoned and speaking order within a period of 45 days from the date of receipt of a copy of this order. Pending MAs, if any, also stand disposed of. There shall be no order as to costs.