DOP&T OMs on junior/senior clause under Article 73 have statutory force, binding as relaxations despite unamended rules; governmental inaction cannot invalidate prior promotions protecting seniors.

Order (Oral)

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

The applicant has filed this Original Application seeking relief of quashing of order dated 30^th June, 2022 (Annex-A-1); order dated 29^th August, 2022 (Annex-A-2); impugned seniority list dated 12^th September, 2022 (Annex-A-3); and impugned orders dated 24^th November, 2022 and 06^th June, 2023 (Annex- A-4) and for declaration that the promotions granted to the applicant to the post of Income Tax Inspector (ITI) with effect from 01^st June, 2011 and Income Tax Officer (ITO) with effect from 18^th December, 2015 be maintained and restoration of seniority list.

2. Facts can be adumbrated in short thus:-

 The applicant was appointed as Tax Assistant on 13^th October, 2008. He came to be promoted to the post of Senior Tax Assistant (Sr. TA) on 05^th April, 2011. On 01^st June, 2011 he was promoted to the post of Income Tax Inspector. After 5 years i.e. on 01^st March, 2016, applicant came to be promoted as Income Tax Officer.

3. The applicant worked as Income Tax Officer till 13^th June, 2022. On 13^th June, 2022, the promotion of the applicant was altered and placed in the promotion of Inspector on 11^th June, 2012 instead of 01^st June, 2011. This was done without issuing notice to the applicant. It is the contention of the applicant that he has passed departmental examination in the year 2010, much before the date of passing of the examination by his juniors. It is the contention of the applicant that juniors were considered for promotion to the post of Income Tax Inspector. Therefore, by invoking junior / senior clause, the applicant was considered for promotion and promotion was granted to him on 01^st June, 2011 and he started working as Income Tax Inspector from the very date. He contends that on 13^th June, 2022 his promotion was altered and he was placed in the year 2012 i.e. from 11^th June, 2012 instead of 01^st June, 2011. He contends that while passing this order, the respondents did not give any notice to the applicant. Therefore, the applicant has filed this O.A. seeking the following reliefs:-

“(a) This Hon’ble Tribunal may graciously be pleased to call for the records and proceedings of the case which led to the passing of the impugned Order dated 30.06.2022, i.e, Annx. “A1, impugned Order dated 29.08.2022 i.e. Annx. “A2”, impugned Seniority List dated 12.09.2022 i.e. Annx. “A3” and impugned Orders dated 24.11.2022 and 06.06.2023, i.e. Annx. “A4” and after going through its propriety, legality, and constitutional validity, be pleased to quash and set aside the impugned orders and to hold and declare that the promotions granted to the Applicant to the post of Income Tax Inspector (ITI) w.e.f. 1.6.2011 and Income Tax Officer (ITO) w.e.f. 18/12/2015 be maintained and restore the seniority of the Applicant above Shri Lalitkumar P. Meshram to the post of Income Tax Officer (ITO) for all practical purposes including fixation of pay, arrears of pay and salary and due seniority in the post of Income Tax Inspector (ITI) and Income Tax Officer (ITO).

(b) This Hon’ble Tribunal will be pleased to hold and declare that the impugned act of the Respondents to pass the impugned Order dated 30.06.2022, i.e., Annx. “A1, impugned Order dated 29.08.2022 i.e. Annx. “A2”, impugned Seniority List dated 12.09.2022 i.e. Annx. “A3” and impugned Orders dated 24.11.2022 and 06.06.2023, i.e. Annx. “A4”, are illegal and wrong and accordingly quash and set aside the same with restoration of Applicant’s promotion to he post of Income Tax Inspector (ITI) w.e.f. 1.6.2011 and