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 M.V.Sai Kumar, S/ o. M.K.R. Murthy, Aged 52 Years, Occ: Inspector of Income Tax, O/o. Addl. Commissioner of Income Tax (TDS), TDS Range -1, I.T. Towers, A.C. Guards, Hyderabad, R/o. Hyderabad.

... Applicant.

(By Advocate: Mr. AVVS Bhujanga Rao)

Vs.

1. The Union of India, Rep. by The Principle Chief Commissioner of Income Tax, Cadre Controlling Authority, Andhra Pradesh & Telangana, Income Tax Department GoI, Ministry of Finance, Department of Revenue, 10th Floor, C-

Block, I.T Towers, A.C. Guards, Hyderabad

2. The Principal Commissioner of Income Tax-7, IT Tower, AC Guards Hyderabad.

3. The Dy. Commissioner of Income Tax (Hqrs) (Admn) O/o. The Principle Chief Commissioner of Income Tax, AP & TS, IT Towers, A C Guards, Hyderabad.

4. Central Board of Direct Taxes, Rep. by its Chairman, 3rd floor, Visas Bhavan, N-Block, I.P. Estate, New Delhi-110002.

5. Cidda Mahender Babu, S/o. not known, Aged about 55 years, Occ: Income Tax Inspector, O/o Income Tax Office, Warangal.

... Respondents.

(By Advocate: Mr. A Vijaya Bhaskar Babu, Addl.CGSC)

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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 a) To declare the action of the Respondents in conducting the Departmental Promotional Counseling (DPC) on 07-07-2020 basing on the old seniority list which not having any legal validity without finalizing draft seniority list dt. 11.09.2019 even after lapse of objections received nine month back and promoting juniors to the applicant by issuing impugned promotion proceeding vide F. No. Pr. CCIT/2(6)(a)/Estt/2020 (Order 9/2020) dated 07-07-2020 as is illegal, arbitrary, unconstitutional and contrary to the directions issued by Central Board of Direct Taxes (CBDT) as well as in violation of orders of the Hon'ble High Court of Delhi in W.P (C) No. 20787 of 2016 which was confirmed by the Hon'ble Supreme Court vide order in SLP. No.

11905-11906 dated: 16-05-2018;

b) Consequently declare that the seniority list dt. 03.12.2015 as invalid as per the para 3(i) of CBDT instructions F. No. A-35015/26/2018- Ad.VI, Dated: 27-05-2019 and to set aside the impugned F. No. Pr.

CCIT/ 2(6)(a)/Estt/2020 (Order 9/2020) dated 07-07-2020;

c) To direct the Respondents to conduct further DPCs for the post of ITO only after finalization of draft seniority list dt. 11.09.2019 since objections were received by the respondents nearly nine months ago and consider the case of the Applicant as per his eligibility for promotion to the post of ITO and;

d) And to pass such other order or orders as this Hon'ble Tribunal may 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. Accordingly, the applicant’s seniority has been restored. Therefore, nothing survives for adjudication in the matter and this O.A. can be dismissed as infructuous.

3. Accordingly, the O.A. is dismissed as Infructuous. No order as to costs.

(SHALINI MISRA) (DR. LATA BASWARAJ PATNE)

ADMINISTRATIVE MEMBER JUDICIAL MEMBER /KR/