Yogesh Kumar vs Union Of India & Ors.

Heard at admission stage.

The learned counsel for the applicant commenced his arguments by stating that the applicant is a direct recruit of the CGLE, 2012 Examination, and offer of appointment was issued in the year 2014. There were multiple litigations during the course of which, the applicant approached this Tribunal and obtained favourable order, which was challenged by the respondents before the Hon'ble High Court and before the Hon'ble Supreme Court by way of filing an SLP, and the same was dismissed against the respondents.

Initially, there was an objection by the Registry on the ground that the applicant in the present case resides in Nagpur, which is outside the jurisdiction of this Tribunal. However, the challenge in the present case is to the order issued by the HRD Wing of Income Tax, which is located at Delhi and the interpretation of various DoPT’s OM by the HRD Wing. Therefore, this matter is squarely covered under the jurisdiction of this Tribunal.

The learned counsel for the applicant states that the issue under consideration is squarely covered by the order dated 07.02.2023 passed by this Tribunal in OA No. 341/2022 with MA No. 2120/2022, titled Shahid Idrish & Ors. Vs. Union of India & Ors., and the applicant will be satisfied if direction is issued to the respondents to decide the pending representation of the applicant in light of the order dated 07.02.2023 passed in OA No. 341/2022.

Accordingly, we direct the competent authority amongst the respondents to decide the representations of the applicant dated 04.12.2023 (Annexure A-6) & 18.07.2024 (Annexure A-7) by passing a reasoned and speaking order within a period of eight weeks from the date of receipt of a certified copy of this order and if the applicant is covered by the order of this Tribunal referred above, the same benefit shall be extended to the applicant forthwith as per law and applicable rules.

Needless to mention that we have not expressed any opinion touching the merits of the case.

In view of the above, the present OA stands disposed of at admission stage with no order as to costs.

Pending MA(s), if any, also stands disposed of.