IMPORTANT POINT
Contempt proceedings cannot issue substantive directions; eligibility for promotion must be determined based on established criteria, not merely participation in examinations.

JUDGMENT :

C. HARI SHANKAR, J

1. This writ petition is directed against order dated 3 February 2024 passed in CP 388/2023, filed by the respondents seeking initiating of contempt proceedings against the petitioners for having contumaciously violated an earlier order dated 28 March 2023 passed by the Tribunal. The order reads thus:

“ORDER

Hon'ble Ms. Harvinder Kaur Oberoi. Member (J)

The OA filed by the applicants was allowed by this Tribunal vide its Order dated 28.03.2023 and the following directions were issued:

“7. We observed that time and again, the Hon'ble Supreme Court has observed that it is a legitimate expectation of the employees that they should get promotion to the next higher post and they have right to be considered for the next post as a fundamental right. The respondents stand is that for want of recruitment rules, they are not engaging any person and since the applicants became eligible for departmental test prior to the cutoff date, they were promoted subsequently in the month of August, 2017. Thus, they are not considering the case of the applicants.

8. In the sur-joinder filed by the respondents, it is stated that Since new Recruitment Rules for the post of Intelligence Officer are yet to be notified, it is solely with the of purpose discharging the statutory function, administrative exigency and to cater the operational needs that the DRI continues to post the officers in the grade of Intelligence Officer on deputation/loan basis by issuing a vacancy circular for a particular period of time. It is also highlighted that all the officers, who have been posted as Intelligence Officer on deputation basis, are selected from amongst the officers of same rank/grade (Inspector) working in the formations of Customs, GST, & Central Excise and officers holding analogous posts in Directorate General/Directorates under CBIC in same pay-scale. It is also submitted that the appointment of officers on deputation basis is only for specific period of time and officers will be sent back to their parent Commissionerate on the completion of tenure.

9. We find it as discriminatory when the earlier recruitment rules are being operated by the respondents for persons employed on deputation basis then the applicants ought to have been promoted to the said post which has not been done, which is not permissible under law. The respondents have implemented the half side of the recruitment rules though the applicants seek promotion to the post of 10 relying upon the same very Recruitment. Rules, which has not been considered.

10. In view of the above facts and circumstances, we find that this OA deserves to be allowed. Thus, we hereby direct the respondents to take a call on the case of the applicants and consider them for appointment as per Recruitment Rules stated herein above, within a period of 60 weeks from the date of receipt of a certified copy of this Order, it is needless to say that the applicants are entitled for monetary benefits from the date when they will join to the next post.”

2. The respondents have filed their compliance affidavit and alongwith the same, the order dated 28.08.2023 has been filed whereby the claim of the applicants has been rejected.

3. Learned counsel for the applicants submits that this Order is in stark disobedience of the directions issued by this Tribunal as the respondents were required to consider the case of the applicants for promotion as per the Rs of 11.08.1990. However, the respondents had rejected the claim based on the extraneous consideration that none of the applicants were in the grade of Senior Tax Assistant as on 01.04.2017, nor did they have the requisite five year service as Tax Assistant on the said crucial date.

4. Learned counsel for the respondents submit that vide the circular dated 21.02.2018, the applicants were considered eligible to appear in the departmental examination for promotion to the post of Intelligence Officer for the vacancy year 2017-18, this was due to the fact that ap