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1990 Supreme(SC) 617

K.RAMASWAMY, M.M.PUNCHHI, K.N.SAIKIA, P.B.SAWANT, RANGANATH MISRA
Central Board Of Direct Taxes – Appellant
Versus
O. N. Tripathi – Respondent


Advocates:
A.SUBBA RAO, B.P.SINGH, B.S.Chauhan, C.V.SUBBA RAO, GITANJALI MOHAN, HARISH N.SLAVE, SUSHIL JAIN

JUDGMENT


SAWANT, J.:— Respondents l and 2 in this appeal Dr. Tripathi and Shri Sinha (hereinafter referred to as the respondents) were recruited directly to the posts of Income Tax Officers, Class-1. They had made a grievance before the Central Administrative Tribunal, Allahabad that they were not appointed to the next higher post of Assistant Commissioner, Income-tax according to their turn in the seniority list prepared as per the directions given by this Court in the cases of Bishan Sarup Gupta v. Union of India, (1975) 1 SCR 104, and Union of India Etc. v. Majji Jangamayya, (1977) 2 SCR 28. As a result, their seniority as Assistant Commissioners was adversely affected and it required correction. This grievance found favour with the Tribunal which by its impugned decision of 18-3-1987 quashed the seniority list of Assistant Commissioners and Commissioners of Income-tax and directed the appellants herein, namely, the Central Board of Direct Taxes and the Union of India to redetermine their seniority in the list of Asstt. Commissioners, vis-a-vis, the seniority of respondents 3 to 20 who are also direct recruits, and other concerned officers, in the light of the directions and pri














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