Technical resignation with service continuity carries prior departmental exam clearance for promotion eligibility in new region, absent specific exclusion; permitting exam and increments estops later denial.

(ORDER) 

BY JUSTICE OM PRAKASH-VII, MEMBER (J)

Although none was present for the parties in OA No. 1353 of 2017 yet learned counsel for the parties in connected original applications are present and issue involved in all the original applications are identical, thus, they were heard together and are being decided by a common judgment.

2. The present Original Applications have been filed by the applicants under section 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

Reliefs in OA No. 474/2017

“(i) The Hon'ble Tribunal may graciously be pleased to quash the impugned order dated 21.3.2017 (Annexure-A-1). 24.3.2017 (Annexure-A-2) and eligible list of feeder cadre for promotion of the Income Tax Officer for R.Y. 2017-18 and dated 28.3.2017 (Annexure-A-3) to the Original Application.

ii) The Hon'ble Tribunal may graciously be pleased to direct the respondents to give the promotion for the post of Income Tax Officer to the applicant at least from the date of his junior i.e. respondent no.7 promoted to the post of Income Tax Officer i.e. w.e.f. 24.03.2017 with all consequential benefits.

iii) The Hon'ble Tribunal may graciously be pleased to direct the respondents to provide the consequential benefits after quashing the impugned orders.

iv) Any order or direction which this Hon'ble Tribunal may further pass order or direction as deem fit and proper in the interest of justice.

v) Award the cost of the application in favour of the applicant

Reliefs in OA No. 903/2017

“(i) The Hon'ble Tribunal may graciously be pleased to quash the impugned order dated 8.6.2017 (Annexure-A-1). as the applicant had already passed the examination where there is no complaint or other deficiency in the examination viz. use of unfair means but illegally deciding eligibility after 2 years with all consequential benefits.

ii) Any order or direction which this Hon'ble Tribunal may further pass order or direction as deem fit and proper in the interest of justice.

v) Award the cost of the application in favour of the applicant”

Reliefs in OA No. 1353/2017

(i) To direct the Principal Chief Commissioner of Income Tax, U.P (West) & Uttarakhand Region, Kanpur to pass necessary promotion orders in the case of the applicants immediately so that they may not be made to suffer further loss and to get the natural justice.

To direct the Principal Chief Commissioner of Income Tax, Kanpur to promote the recommended officials i.e. the applicants herein whose names are appearing in the order No. 107/2016-17 dated 31.03.2017 subject to outcome of pending original applications;

(ii) To grant such other further relief(s) which this Hon’ble Court may deem fit and proper in the facts & circumstances of the case;

(iii) To award cost of the original application to the applicants”.

3. Original Application No. 1353 of 2017 has been filed with a prayer to issue direction to the respondents to pass necessary promotion orders so they may not be made to suffer further loss and to get the natural justice. It further appears that in the original application, interim relief was also prayed for and the Tribunal after hearing the parties passed the order in it observing that respondents/competent authority have not been estopped in OA No. 474 of 2017 to finalize the promotion of the eligible officers in line with the judgment of Hon’ble Supreme Court in N.R. Parmar case.

4. Shri Rakesh Kumar Dixit, learned counsel for the applicants in O.A. Nos. 474 of 2017 and 903 of 2017, submits that the impleadment application filed in O.A. No. 1353 of 2017 was not pressed in view