CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 5^th day of August, 2024 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Ms. Shalini Misra, Administrative Member

1. M. Bharadwaja, Asst. Commissioner of Income Tax, D-63, Income Tax Quarter, Road No.10, Banjara Hills, Hyderabad.

2. M. Venkata Kameshwara Rao, Asst. Commissioner of Income Tax, C/o Sri Narasimha Rao, Retd. Principal, Near Baljyothi School, Srirampuram, Bhimavaram-2, Andhra Pradesh.

3. Shaik Abdul Saleem, Asst. Commissioner of Income Tax, Flat No.5, Siri Apartments, Labbipet, Brindavan Colony, Vijayawada - 520 010.

... Applicant.

(By Advocate: Mr. K Lakshmi Narasimha)

Vs.

1. The Principal Chief Commissioner of Income Tax, and the Cadre Controlling Authority, Andhra Pradesh & Telangana, Income Tax Department, Govt. of India, Ministry of Finance, Department of Revenue, IT Towers, AC Guards, Hyderabad – 500004

2. The Central Board of Direct Taxes, Rep. by its Chairperson, Ministry of Finance, Department of Revenue, North Block, New Delhi

3. The Union of India, Rep. by its Secretary Ministry of Finance Department of Revenue North Block, New Delhi- 110 001.

4. K Srinivasa Kumar, Aged 46 Years, S/o Sri K.V.

Radhakrishna Murthy, Occ : Incoime Tax Officer, Ward-2(4)

O/oThe Addl Commissioner of Income Tax, Range-2, 8B, 8th Floor, Income Tax Towers, AC Guards, Hyderabad.

5. T Muralidhar, Aged 46 Years, S/o Sri T Subrahmanyam, Occ : Income Tax Officer, Ward-16(1), O/o Addl Commissioner of Income TaxRanghe-16, 7th Floor, Aayakar Bhavan, Basheer Bagh, Hyderabad.

... Respondents.

(By Advocate: Mrs. K Rajitha, Sr. PC for CG Mr. KRKV Prasad)

----

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicants are seeking the following relief:

“ This Hon'ble Tribunal may be pleased to call for records pertaining to the impugned seniority list issued vide Memorandum No F No CCAP/Estt/ITI/36/2015-16.III 3-12-15 issued/passed by 1^st Respondent and set aside the impugned order issued by the 1^st Respondent as illegal, arbitrary, contrary to law, contrary to the Judgement and Order rendered by Honble High Court at Allahabad in W P No.23672 of 2006 dated 13-4-2012 inre Rajeev Mohan Vs Union of India and confimed by the Honble Supreme Court of India order dated 14-10-15 inre Union of India & Ors Vs Rajeev Mohan & Others and unconstitutional and consequently declare that the applicants are entitled to the final senioirty placement as decided by Office Memorandum No CCAP/11(9)/Estt/2001 dated 3-4-2001 in the Category of Income Tax Inspectors, and seniority placement as decided in Final All India Interse Seniority list of ITOs as on 1-1-12 issued vide Proc No. No.23012/4/2012-Ad.VI dated 1-9-15 consequently declare that the applicants are seniors to the private Respondents in the category of Income Tax Inspectors, and consequently declare the applicants are seniors to the private respondents in the category of Income Tax Officers and consequently declare that the applicants are entitled to be promoted to the higher posts with all consequential benefits and consequently direct the official respondents to show these applicants as seniors to the private respondents in all these category of posts and consequently direct the official respondents to promote the applicants as per the final seniority placement as decided by Office Memorandum No CCAP/11(9)/Estt/2001 dated 3-4-2001 and consequently set aside the rejection order issued by the Ist Respondent vice Memo No. CCAP/AP&TS/Estt/IT1/36/2015-16 dated 9-2-16 as illegal and contrary to law and to pass such order or orders as deem fit and proper in the interest of justice.”

2. When the matter has been taken up for consideration, there is no representation on behalf of the applicant. However, the learned counsel for the official respondents submits that followed with the judgement of the Hon’ble Apex Court in the matter of K. Meghachandra Singh Vs. Ningam Siro , the seniority has been reviewed.