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2024 Supreme(Online)(CAT) 10458
Central Administrative Tribunal, Mumbai Bench, Mumbai.
O.A.557/2023 Dated this Wednesday, the 26th day of June, 2024.
Coram : Hon'ble Shri Justice M.G. Sewlikar, Member (J)
Hon'ble Shri Rajinder Kashyap, Member (A)
1. Valerie Avinash Dhepe D/o Late Martin Louise Anthony, Aged about 52 years, Occ:- Service; R/o Flat No. 301, Anand Apartment, RBI Layout, New Jagruti Colony, Near NIT Garden, Nagpur-13, Email: Valeriedhepe@gmail.com; (M) 7588630440. 2. Vikas Kumar Singh, S/o Dinesh Singh, Aged about 32 years, Occ:- Service; R/O Qtr. No. 22, Type-2, Income Tax Colony, Seminary Hills, Nagpur, Email:
Vksingh2k20@gmail.com ; (M) 9404951914
3. Rajat Agrawal, S/o Santosh Kumar Agarwal, Aged about 31 years, Occ: Service, R/O Qtr. No. 31, Type-2, Income Tax Colony, Seminary Hills, Nagpur, Email;
Rajat.Agrawal@Incometax.Gov.In; (M) 9404951988
4. Prajakta D/O Arvindrao Zade, Aged About 42 years, Occ: Service; R/O D- 1A, 4th Floor, Saroj Seasons Apartment, Opposite Fire Engineering College, Raj Nagar, Nagpur-440013 Email: zade.prajakta@gmail.com(M)7588630376
5. Prakash S/O Krishna Rao Yete, Aged About 51 Years, Occ: Service; R/O Flat No. 303, Pushpsandhya Apt., Katol Road,Nagpur,Email:Prakashyete430@Gmail.Com(M)75886304
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6. Minakshi Bawankar D/O Baliramji Jiwankar,Aged About 53 Years, Occ: Service R/O Plot No 58-D, Dubey Nagar, HudkeshwarRoad,Nagpur,Email:Minakshi70bawankar@Gmail.
Com(M)7588630459
7. Vijay S/O Ramuji Khadse,Aged About 54 Years, Occ:
Service; R/O Sai Krupa Flat No.01, Plot No.52, P annase Lay Out, Nagpur-440022, Email:Khadse69@Rediffmail.Com (M) 7588630397 8. Kamlesh S/O Manohar Bhoj, Aged About 55 Years, Occ: Service; R/O Flat No. 104, D Wing, Yachi Garden, Bahadur Gaya, Umeed Road, Nagpur-440034 Email: Kamlesh.M.Bhoj@Incometax.Gov.In (M) 7588630681 9. Manju Vanjani D/O Late Hariram Topwani, Aged About 53 Years, Occ: Service; R/O Block No.325, Near Sangeeta Building, Jaripatka Colony, Nagpur-440014 Email: Manju.D.Vanjani@Incometax.Gov.In (M) 7588578560 10. Dhanraj S/O Chandrabhan Dhote, Aged About 54 Years, Occ: Service; R/O Ff1/5 Maharaja App., Bhosale Nagar Nagpur- 440024 Email: Dhanrajdhote02@Gmail.Com (M) 7588630631 11. Chandan Kumar Jha S/O Jagdish Jha, Aged About 30 Years, Occ: Service; R/O Qtr No.12, Type-3, Block-A, Bunglow No.17, CPWD Colony, Civil Lines, Nagpur Email: Jhachandanoog@Gmail.Com (M) 9422819371 12. Rishikesh Kumar Shrivastva S/O Harendra Kumar, Aged About 31 Years, Occ: Service; R/O Qtr. No.41, Type-2, Income Tax Colony, Seminary Hills, Nagpur Email: Rishikeshkumar050592@Gmail.Com (M) 8605784512 13. Prateek Kumar Singh S/O Param Prakash, Aged About 34 Years, Occ: Service; R/O Plot No. 63, Zingabai Takli, Godhani Road, Aashirwad Nagar, Behind Maharashtra Emporium, Nagpur Email: Krsingh. Prateek@Gmail.Com (M) 8860514738 14. Kshitij Tiwari S/O S K Tiwari, Aged About 35 Years, Occ: Service, R/O CPWD Quarter No. 109, Type 3, Block 2, Sector NW, Seminary Hills, Nagpur-440006 Email:Ktiwari73@Gmail.Com (M) 9404952311 15. Kumudini Choudhary D/O Prabhakar Wankhede, Aged About 50 Years, Occ: Service, R/O Plot No.2, Sachin Soc, Narmada Colony, Katol Road, Nagpur, 440013 Email: Kumudhemant@Gmail.Com (M) 7588630362
16. Himanshu S/O Late Vindhyachal Lal Srivastava, Aged About 35 Years, Occ: Service R/O Qtr. No. 123, Block No. 03, Type-Iii, New CPWD Colony, Near T.V. Tower Chowk, Seminary Hills, Nagpur Email: Himanshusrivastava89@Gmail.Com (M) 8808046499 17. Gaurav Kumar S/O Pradeep Prasad Keshari, Aged About 34 Years, Occ:- Service R/O Qtr. No. 81, Type-4, Seminary Hills, Near CPWD Community Hall, Email: Luckyalways5000@Gmail.Com (M) 9631363869 18. Neeraj Soni S/O Purushottam Soni, Aged About 36 Years, Occ:- Service; R/O Qtr. No. 125, Block No. 03, Type-Iii, New CPWD Colony, Near T.V. Tower Chowk, Seminary Hills, Nagpur Email:Neeraj4soni@Gmail.Com (M) 9404951937 19. Raj Kumar S/O Jag Nath Singh, Aged About 31 Years, Occ: Service; R/O C/O Ratnesh Kumar Karn, H.No. 28B, Maa Jagdamba Nagri, Near Collector Colony, Godhni, Nagpur - 441203 Email: Raj101291@Gmail.Com (M) 9404952278 20. Sanjeet Kumar S/O Anil Prasad, Aged About 33 Years, Occ: Service; R/O Quarter No.170, Type-3(New), CPWD Quarter, TV Tower, Seminary Hills, Nagpur-440006 Email: Sanverma.369@Gmail.Com (M) 9423068166 21. Ajeet Kumar Jha S/O Dhurandhar Jha, Aged About 34 Years, Occ: Service; R/O Qtr No 110, Type 3, New, CPWD Seminary Hills, Nagpur 440006 Email: Ajeetjha300@Gmail.Com (M) 9404951801 22. Himanshu S/O Jai Bhagwan, Aged About 33 Years, Occ: Service; R/O Plot No. 27, Ujjawal Nagar, Flat No 201, Iconic Apartment, Nagpur-440030 Email:Himanshusuryan@Gmail.Com (M) 9911829729 23. Anil Kumar Gupta S/O Ram Kumar Saw, Aged About 35 Years, Occ: Service; R/O Qtr. No. 23, Type-2, Income Tax Colony, Seminary Hills, Nagpur Email: Anilkumargpt796@Gmail.Com (M) 7903670971
24. Sachin Kumar S/O Satyaprakash Singh, Aged About 37 Years, Occ: Service; R/O Income Tax Quarter No.10, Type- Iii, Income Tax Colony, Seminary Hills, Near Balaji Temple, Nagpur -440006 Email: Sachinashan.1986@Gmail.Com (M)9404950549
25. Ramesh Chandra Yadav S/O Ram Asharaya Yadav, Aged About 38 Years, Occ: Service R/O Type-III, Qtr. No. 14, 3rd Floor, Income Tax Residential Colony, Near Balaji Temple, Seminary Hills, Nagpur-440006 Email:rameshy.5090@gmail.com (M) 9404950541 26. Gaurav V. Deore. Aged about 32 Years, Occ: Service; R/O House No. 525, Plot No 67, Aashirwad Nagar, Zingabai Takli Nagpur, Email: Gaurav0900@Gmail.Com (M) 9422084348
27. Kirtika Prakash D/O Om Prakash Srivastava, Aged about 32 years, Occ: Service R/O Qtr. No. 47, Type-2, Income Tax Colony, Seminary Hills, Nagpur, Email: Kirtika11@Gmail.Com (M) 7020042933
28. Abhay Prakash Maurya S/O Chandra Prakash Singh, Aged about 32 years, Occ: Service: R/O Qtr. No. 14, Type-2 (Income Tax), Income Tax Colony, Seminary Hills, Nagpur, Email: Abhay.P.Maurya@Incometax.Gov.In (M) 9373557134 29. Saurav S/O Shailendra Kumar, Aged About 32 Years, Occ: Service; R/O Qtr. No.25, Type-2, Income Tax Colony, Seminary Hills, Nagpur, Email: Saurav2305@Gmail.Com (M)
9835604723
30. Durgesh Singh S/O Shiv Prasad Singh, Aged About 32 Years, Occ: Service; R/O Qtr. No. 21, Type-2 (Income Tax), Income Tax Colony, Near Balaji Temple, Seminary Hills, Nagpur,Mahrashtra-440006, Email:Durgesh261991@Gmail.Com (M) 8542062558 31. Harish Sharma S/O Parmeshwar Dayal Sharma, Aged About 35 Years, Occ: Service R/O Qtr. No.03, Type-2 Income Tax Colony, Seminary Hills Nagpur Email:Harishsharma640@Gmail.Com (M) 9422509902
32. Yogesh S/o Khemchand Vashishtha Aged About 32 Years, Occ: Service; R/O Qtr. No. 26, Type-2 (Income Tax), Income Tax Colony, Seminary Hills, Nagpur Email: Yogesh. Vashisht10041991@Gmail.Com (M) 9067483086 33. Deepak Karmkar S/O Dulal Karmkar, Aged About 37 Years, Occ: Service; R/O Qtr. No. 02, Type -4, Income Tax Colony, Seminary Hills, Nagpur-440006 Email:Karmkardeepak@Gmail.Com (M) 9422135894 34. Swapnil S/O Gajanan Girdhar, Aged About 41 Years, Occ: Service R/O 402, Mahavir Apartment, Plot No 112, Laxmi Nagar, Nagpur-440022 Email: Kingswapreturns@Gmail.Com (M)9167903612
35. Ashutosh Kumar S/O Bholanath Pandit, Aged About 43 Years, Occ: Service; R/O Qtr No-241/2, Block 29, Cpwd Colony, Katol Road, Nagpur- 440013 Email: Ashutosh.Kumar1@Incometax.Gov.In (M) 7588630653 36. Raushan Kumar S/O Anandi Prasad Singh, Aged About 30 Years, Occ: Service R/O C/O Ratnesh Kumar Karn, H.No. 28B, Maa Jagdamba Nagri, Near Collector Colony, Godhni, Nagpur, Maharashtra-441203, Email: Raushankumar100.Rk@Gmail.Com (M) 9422815736 37. Manish Kumar S/O Phulo Singh, Aged About 32 Years, Occ: Service; R/O Bungalow No. 18, Qtr. No. 76, Type- 3. Block-F Sector-New, Cpwd Colony, Civil Lines, Nagpur Email:Mkshaharkundi@Gmail.Com (M) 9423068239 38. Mainejar Prasad S/O Satya Narayan, Aged About 32 Years, Occ: Service; R/O Qtr.130, Type-3, New, Cpwd Colony, Seminary Hills, Nagpur Email: Mainejarprasad10@Gmail.Com (M)9604629356
39. Nitesh Kumar S/O Surendra Prasad Singh, Aged About 31 Years, Occ: Service; R/O Qtr No 114 Type III Cpwd Colony Near TV Tower Chowk Seminary Hills, Nagpur -440006 Email: Niteshcyborg@Gmail.Com (M) 9404952498 40. Ronit Ranjan S/O Ramakant Barnwal, Aged About 32 Years, Occ: Service; R/O Flat No 401, 4th Floor, Shiv Govind Orchid, Near Maharashtra Emporium, Zingabai Takli, Godhani Road, Nagpur-440030 EmailRonitranjang@Gmail.Com (M) 9404951904 41. Ankit Singh S/O Vijendra Singh, Aged About 33 Years, Occ: Service; R/O C/O Ratnesh Kumar Karn, H.No. 28b, Maa Jagdamba Nagri, Near Collector Colony, Godhni, Nagpur-441203 Email: Myfirstinbox1990@Gmail.Com (M) 9422815743 42. Niranjan Kumar S/O Yogendra Singh, Aged About 32 Years, Occ: Service; R/O Sethiya Bhavan Jaistambh Chowk, New Town Badnera, Amdapur Dist. Amravati, Maharashtra- 444701 Email:Apple.Patna@Gmail.Com (M) 8788848724 43. Nitin Khandelwal S/O Mukesh Kumar Gupta, Aged About 34 Years, Occ: Service R/O Qtr. No. 16, Type-2 (Income Tax), Income Tax Colony, Seminary Hills, Nagpur Email: Nitinkhandelwal20@Gmail.Com (M) 9588493551 44. Pooja Tomar D/O Mahesh Chand Tomar, Aged About 31 Years, Occ: Service; R/O H.No. 110, Moh. Luharan, Pilkhuwa, Hapur, Uttar Pradesh, Pin-245304 Email: Cspoojatomar@Gmail.Com (M) 9404952045 45. Nidhi Mishra D/O Ram Sevak Mishra, Aged About 30 Years, Occ: Service; R/O 117/P1/127 Shivpuri Chhapeda Puliya Kakadeo Kanpur-208025(Up) Email: Nidhi.Incometax@Gmail.Com (M)9404951964
46. Awadh Kishore Kumar S/O Sadanand Prasad, Aged About 31 Years, Occ: Servicer R/O C/O Bhagirath Prasad, Near Shiv Mandir, Gari Gaon, Khelgaon, Ranchi Email: Awadh.Kk@Gmail.Com (M)9423068178
47. Amit Kumar Mishra S/O Prem Chandra Mishra, Aged About 34 Years, Occ: Service R/O Flat No 401, Rajsheela Apartment, Housing Colony, Dhanbad, Jharkhand Email: Amit. Mishra1188@Gmail.Com (M)7770896993
48. Gaurav Jha S/O Binay Kumar Jha, Aged About 35 Years, Occ: Service; R/O A/206, Celino Paradise, Daldal Seoni, Near CSEB Office, Raipur, 492014 Email: Gauravjh37@Gmail.Com (M)8668684110
49. Prateek Bachani S/O N.K. Bachchani, Aged About 28 Years, Occ: Service; R/O G-107/26, Shivaji Nagar, Near 5 No. Stop, Bhopal Email: Prateekbachani95@Gmail.Com (M)9713673595
50. Meraj Ahmad S/O Md Akhter, Aged About 34 Years, Occ: Service; R/O Qtr. No. -30, Type -2, Income Tax Colony, Seminary Hills, Nagpur -06 Email: Meraj Ahmad@Incometax.Gov.In (M) 9404951977 51. Santosh Singh Jadon S/O Udayveer Singh Jadon, Aged About 28 Years, Occ: Service R/O Behind Rai Hostel, Urwai Gate, Vinay Nagar, Sector-2a, Gwalior-474012, Mp Email: Santoshjadon17@Gmail.Com (M) 8109559525 52. Mohd Nasruddin S/O Safruddin, Aged About 35 Years, Occ: Service; R/O Qtr. No. 45, Type-2, Income Tax Colony, Seminary Hills, Nagpur-440006 Email: Nasruddin1987@Gmail.Com (M) 9404951966 53. Nitish Kumar S/O Late Naresh Yadav, Aged About 32 Years, Occ: Service; R/O Qtr. No. 39, Type-2, Income Tax Colony, Seminary Hills, Nagpur-440006 Email: Nitish.Kumar3@Incometax.Gov.In (M) 9422301671
54. Vaishali Rajesh Gorle D/O Manikrao Choudhary, Aged 46 years, Joined as MTS On 06.06.2011, Promoted as Sr. Tax Assistant on 22.04.2020, currently working as Sr. Tax Assistant in the O/o Pr. CIT (Central), Nagpur, Mobile No. 7588630722, Email Id- Vaishaligorle2@gmail.com
55. Shiny Arun Kappen D/o Augustine M.P, Aged 48 years, Joined as Stenographer Gr. III, Currently working as Private Secretary in the O/o PR. CIT (Central), Nagpur, Mobile No.
7588630351
56. Dorothy Francis D/o Bonaventure Francis, Aged 53 years, joined as LDC on 04.10.1995, currently working as Inspector of Income Tax, Promoted as Inspector from 26.08.2016, currently working in the O/o PR.CIT (2), Mobile No. 7588630383, Email Id- Dorothy.francis@Incometax.gov.in -Applicants (By Advocate Mr. Tushar D. Mandlekar)
Versus
1. Union of India, Through Secretary to the Government of India, Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001, Email: Rsecy@Nic.In.
2. Chairman, Central Board Direct Taxes, Ministry of Finance, North Block, New Delhi 110 001, Email:
Chairmancbdt@Nic.In
3. Pr. Chief Commissioner of Income Tax, Aayakar Bhavan, Civil Lines, Nagpur 440 001, Email:
Nagpurccit@Incometax.Gov.In
4. Jt. Commissioner of Income Tax (Hq) (Admn) O/O Pr.CCIT, Nagpur, Aayakar Bhavan, Civil Lines, Nagpur 440001, Email: Nagpurccit@Incometax.Gov.In
5. Manojkumar Mishra, Chairman Working Committee Constituted Vide Order Dated. 12.06.2023 of Jt. Commissioner of Income Tax(Hq) (Admn) O/O Pr.CCIT, Nagpur, Aayakar Bhavan, Civil Lines, Nagpur 440001, Email:
Nagpurpccit@Incometax.Gov.In.
6. IT Sewa, Nagpur Unit, Through its Secretary Kishor Shriramji Jadhao, Office at Room No. 6, Aaykar Bhavan, Civil Lines, Nagpur 440001.
7. Amoli Sandeep Sakhare, R/o 24, Jaikrishna Nagar, Police Line Takli, Nagpur- 440013.
8. Jayashree Manohar Nikose, R/o Flat No. 401, Shyam Sundar Residency 3, Near Kalode College, Omkar Nagar, Nagpur- 440027.
9. Deepshika Dharamji Nandanwar, R/o Plot No. 38, Behind Devika Lawn, Near Water Tank, Mungsaji Nagar, Umred Road, Nagpur- 440034.
10. Jyoti Ellamrao Kale, R/o Annapurna Mata Mandir, Gaddigodam, Nagpur- 440001.
11. Vilas Dharmaji Nandanwar, R/o Plot No. 38, Behind Devika Lawn, Near Water Tank, Mungsaji Nagar, Umred Road, Nagpur- 440034.
12. Ashish s/o Vitthalrao Wagh, Aged about- major, Occ: Service, R/o 84, Dakshata Nagar, Near Pannase Layout, Nagpur-
440022.
13. Ganesh s/o Shivaji Bhunje, Aged about- major, Occ: Service, R/o Near Pachpoli, First Railway Gate, Golibar Chowk Road, Nagpur- 440018. -Respondents (By Advocates Mr. B.D. Pandit, Mr. S.J. Kamble and Mr.
M.M. Sudame)
O R D E R
Per : Justice M.G. Sewlikar, Member (J)
By this application under Section 19 of the Administrative Tribunals Act, 1985, the applicants have challenged the office order dated 12th June, 2023.
2. Facts leading to this application are that the applicants belong to open category. They were promoted to the post of Income Tax Inspectors on 10th July, 2023. On 24th April, 2022, the applicants were eligible for promotion to the post of Income Tax Inspectors in Unreserved Category (UR) and were accordingly promoted. On 27th February, 1981, the DoPT issued notification to the effect that the appointing authorities should verify the caste status of the Scheduled Caste (SC) and Scheduled Tribe (ST) officers at the time of initial appointment and also at the time of promotion against a vacancy reserved for SC and ST. In the year 1992, the Hon'ble Supreme Court in the case of Indira Sawhney Vs. Union of India, 1992 SUPP (3) SCC 217 has held that Article 16 (4) of the Constitution of India does not provide for reservation in the matter of promotion, reservation given by the Central Government will continue for 5 years from the date of the judgment. It was also held that the reservation shall not exceed 50%. On 10th February, 1995, Apex Court in R.K. Sabharwal Vs. State of Punjab and Ors. {(1995) 2 SCC 745} directed the adoption of post based roster system including reservations in promotion. Orders were issued on the basis of R.K. Sabharwal (supra) judgment vide DoPT OM dated 02nd July, 1997 and replaced the hitherto followed vacancy-
based reservation by post based reservation. Article 16 of the Constitution was amended on 17th June, 1995 by 77th Amendment Act, 1995 by inserting Article 16 (4A) which states that the State and Central Governments have power to make provision for reservation for SC/ST, which in the opinion of the State, they are not adequately represented. The Central Government issued OM dated 02nd July, 1997 whereby members of reserved category were required to be promoted to reserved roster point “on their own merit” which would consume the general category vacancies leaving reserve roster point post for other members of the SC/ST category candidates who may not make it on merit. OM dated 29th August, 1997 was issued making the 50% limit applicable to the current as well as backlog vacancies on the basis of judgment of Indira Sawhney Vs. Union of India. The DoPT issued an OM by which the procedure to be observed by the Departmental Promotion Committee (DPC) was prescribed. On 11th July, 2002, the DoPT issued an OM regarding the reservation in promotion – treatment of SC/ST candidates promoted on their own merit. A clarification was issued by this OM that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualification will be adjusted against unreserved points roster irrespective of the fact whether the promotion is made by selection method or non- selection method and these orders were to take effect from 02nd July, 1997 the date on which reservation was introduced.
3. The DoPT issued an OM regarding reservation in promotion which stated that the cases where the SC/ST were promoted on their own merit before 11th July, 2002 have been adjusted against unreserved points need not be opened. On 19th October, 2006, the Apex Court in a M. Nagraj Vs. Union of India (2006) 8 SCC 212, ruled that reservations in promotion will require the pre-requisite of collection of quantifiable data showing backwardness of the class and inadequacy of representation of that class in public employment in addition to compliance with Article 335 by which States would be required to provide for reservation keeping in mind the overall efficiency of the State Administration. Vide OM dated 10th August, 2010, directions to implement the Scheme of promotion on own merit basis were issued.
4. Punjab and Haryana High Court in Lacchmi Narayan Gupta Vs. Jarnail Singh, Civil WP No.13218
