Central Administrative Tribunal Mumbai Bench: Mumbai This the 29^th day of September, 2025 Hon’ble Mr. Justice M.G. Sewlikar, Member (J)

Hon’ble Mr. Sangam Narain Srivastava, Member (A)

1. Shishir Kumar Pandey, Working as Inspector (Group "C" post)

under office of DIT (I & CI), 12th Floor, Income-tax Office, Earnest House, Nariman Point, Mumbai 400021, residing at:

Flat No.13-B/303, 3rd Floor, MHADA, Powai, District: Mumbai 400076, State of Maharashtra.

2. Rajesh Kumar Singh, Working as Inspector, (Group "C" post)

under office of ACIT, 6(2)(2), Mumbai Room No.563(C), 5th Floor, Aayakar Bhavan, M.K. Road, Mumbai 400020, and Residing at:

Flat No.B-505, Adhiraj Garden, Sector-5, Kharghar, Navi Mumbai -410210.

3. Surendra Kumar Income-Tax Inspector (Group "C" post)

Office of DCIT (IT)-1(1)(1), Scindia House, 1" Floor, Room No.117, Bellarad Pier, Mumbai

400038, residing at: 202/A, Somnath Plaza, Virat Nagar, Virar (West), Taluka-Vasai, District: Palghar, 401303.

4. Santosh Kumar Srivastava, Working as Inspector (Group 'C' post)

in Income-Tax Department, residing at: B-203, Vinesh, Next to National English School, Virat Nagar, Virar (West), District: Palghar-401303. 5. Shreenandan Sahay, Working as Inspector, (Group "C" post in the Office of The Principal C.I.T.7, Mumbai, Room No.628, Aayakar Bhavan, M.K. Road, Mumbai 400020 and residing at: Flat No. 702, 7th Floor, Ashirwad Heights, Village and Post :Kharghar, Navi Mumbai 410210. - Review Petitioners (By Advocate Ms. Asmita Pendharkar h/f Mr. R.G.

Walia) Versus

1. Union of India, through The Secretary, Ministry of Finance, North Block, New Delhi-1.

2. The Department of Personnel and Training, Lok Nayak Bhavan, Khan Market, New Delhi-110 003.

3. The Principal Chief Commissioner of Income Tax, 3rd Floor, Aayakar Bhavan, M.K. Road, Mumbai 400020.

4. Mr. Umesh J. Patil, Working As Income-Tax Inspector, Under Cadre Controlling Authority, O/O Principal Chief Commissioner Of Income Tax, 3d Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020.

5. Mathew Z. Bennet, Working as Income-Tax Inspector, Under Cadre Controlling Authority, O/o Principal Chief Commissioner of Income Tax, 3rd Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020.

6. Ms. Dally Francis, Working as Income-Tax Inspector, Under Cadre Controlling Authority, O/o Principal Chief Commissioner of Income Tax, 3rd Floor, Aayakar Bhavan, M.K. Road, Mumbai-400020.

7. Ms. Gomulatha Subramaniam, Working as Income-Tax Inspector, Under Cadre Controlling Authority, O/o Principal Chief Commissioner of Income Tax, 3rd Floor, Aayakar Bhavan, M.K Road, Mumbai-400020. - Respondents (By Advocate Ms. Priyanka Mehndiratta and Mr. D.A.

Dube)

ORAL ORDER

Per: Justice M.G. Sewlikar, Member (J)

The applicants who are five in number have filed this Review Petition contending that the Tribunal has made the observations in favour of the applicant but the conclusion was diagonally opposite to the observations. Facts in OA No. 256/2016 were that the applicants were aggrieved because of the action of the respondents of revising their recruitment year of promotion to the post of Income-Tax Inspector from the post of Senior Tax Assistant by violating the “Zone of Consideration” method as followed by the official respondents themselves from the year 2006 onwards. This led to their seniority getting disturbed vis-à- vis the private respondents. The applicants have grievance regarding seniority list dated 22^nd January, 2016 and the communication dated 21^st January, 2016 issued by the respondent no. 3, on the representation dated 26^th October, 2015 of the applicant no. 3, against the tentative list of promotion dated 15^th October, 2015 for the post of Tax Assistant, Sr. Tax Assistant and Income-Tax Inspector. It is their grievance that by the impugned seniority list, the applicants’ recruitment year for the post of Inspector- Income Tax has been changed from 2009-2010 to 2010- 2011 to their disadvantage, thereby causing adverse effect on further promotion to the post of Income tax Officer.

2.