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2025 Supreme(Online)(CAT) 7348
CENTRAL ADMINISTRATIVE TRIBUNAL
Suchitto Kumar Das, Administrative Member
Mrityunjoy Sikder – Appellant
Versus
Union of India – Respondent
O.A. 350/1542/2024 | O.A. 350/1526/2024 | M.A. 350/1311/2024 | M.A. 350/1310/2024
For the Appellants/Petitioners: Mr. C. Sinha
For the Respondents: Mr. B.B. Chatterjee
The imposition of an age limit for tenure extension in loan transfers was deemed arbitrary and discriminatory, violating established policies.
Headnote:This matter was addressed under Section 19 of the Administrative Tribunal Act, 1985, challenging a letter dated 17.10.2024 from CBDT, claimed arbitrary age-limit criteria for tenure extension. The Tribunal found it discriminatory per the policies in place. The main questions assessed were related to age discrimination and application of CBDT policies on loan transfers. The court determined that the imposed age limit was not valid, thus granting an extension to all qualified employees regardless of age, setting aside the disputed provision.
| Table of Content |
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| 1. applicants sought quasi-judicial hearing concerning loan transfer tenure extensions. (Para 3 , 5 , 6) |
| 2. discussions regarding extensions based on age criteria under cbdt policies. (Para 7 , 10) |
| 3. the lack of justification from respondents for new age criteria. (Para 11) |
| 4. court declared applied age condition arbitrary. (Para 12) |
ORDER
Per Mr. Suchitto Kumar Das, Administrative Member :
1. This matter is taken up by Single Bench in view of the revised list dated 04.04.2000 issued under Sub section (6) of Section 5 of the Administrative Tribunal Act , 1985 and as no complicated question of law is involved this matter is taken up for disposal.
2. Due to parity in the nature of grievance and facts pleaded, O.A No. 350/1542/2024 and O.A No. 350/1526/2024 are being heard out analogously, upon due notice, to be disposed of by this common order, with consent of all the sides.
3. The applicant in O.A No. 350/1542/2024 has approached this Tribunal under Section 19 of the Administrative Tribunal Act , 1985, praying for the following relief(s):
“a) To set aside and quash impugned letter dated 17.10.2024 issued by the Office of Central Board of Direct Taxes, Directorate of Income Tax (Human Resource Development) with regard to inclusion of Para 3 and incorporation of a yardstick that tenure of those where NOC has been given by both the region and those above 45 years, the tenure may be extended upto 31.03.2026 being arbitrary and discriminatory to the interest of the applicant who is under 45 years of age.
b) To set aside and quash impugned Email dated 17.10.2024 issued from the office of DCIT, Hqrs. (Personal and Establishment) Kolkata with the decision that applicant may be relieved with immediate effect.
c) To direct the respondents to allow the applicant to continue in the present place of posting in the Office of PCCIT, West Bengal and Sikkim by extending the tenure of the applicants on loan basis transfer till 16.08.2026 as both the home and recipient region has no objection with regard to extension of tenure of transfer on loan basis.
d) To direct the respondents to consider the case of the applicants for permanent absorption in the Office of PCCIT, West Bengal and Sikkim Region as both the home and recipient region has no objection with regard to extension of tenure of transfer on loan basis granting benefit of judgment dated 10th October 2023 in O.A. 2012/2021 by the Hon'ble CAT, Principal Bench and Judgment dated 10th January 2024 in O.A. 839/2021 to 841/2021 by Hon'ble CAT, Chennai Bench.
e) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”
4. The applicants in O.A No. 350/1526/2024 have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following common relief(s):
“a) Liberty be granted to file an maintain the Original Application under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987.
b) To set aside and quash impugned letter dated 17.10.2024 issued by the Office of Central Board of Direct Taxes, Directorate of Income Tax (Human Resource Development) with regard to inclusion of Para 3 and incorporation of a yardstick that tenure of those where NOC has been given by both the region and those above 45 years, the tenure may be extended upto 31.03.2026 being arbitrary and discriminatory to the interest of the applicants who are under 45 years of age.
c) To set aside and quash impugned Email dated 17.10.2024 issued from the office of DCIT, Hqrs. (Personal and Establishment) Kolkata with the decision that applicants may be relieved with immediate effect.
d) To direct the respondents to allow the applicants to continue in the present place of posting in the Office of PCCIT, West Bengal and Sikkim by extending the tenure of the applicants on loan basis transfer till 16.08.2026 as both the home and recipient region has no objection with regard to extension of tenure of transfer on loan basis.
e) To direct the respondents to consi
