Chetan Prakash Bhatt & Others vs Union Of India & Others

L. Narasimha Reddy : J

The applicants were initially appointed in Group ‘D’ posts in the Income Tax Department. Thereafter, they have been promoted to the post

of Tax Assistant in the years 2016-2017. The appointment to the post of Tax Assistant is through direct recruitment as well as promotion. The

department published a draft seniority list for the cadre of Tax Assistant as on 05.04.2019. This OA is filed challenging the draft seniority list published

on 05.04.2019.

The applicants contend that several direct recruit Tax Assistants who were appointed much after the promotion of the applicants were shown as

seniors and the same is contrary to law. Several other contentions are also urged.

We heard Shri M.K. Bhardwaj, learned counsel for applicant and Shri K.M. Singh, learned counsel for respondents, at the stage of admission.

The applicants feel aggrieved by the places assigned to them in the draft seniority list. Way back on 05.04.2019 that list was published. It is not

known as to whether the applicants have submitted their objections to the draft seniority list. It is natural that the concerned authority has to take into

account, the objections submitted to the draft seniority list, before the final seniority list is published.

We, therefore, dispose of the OA, directing that in case the final seniority list for the post of Tax Assistants has not been published yet, the

objections if any, submitted by the applicants, shall be taken into account. The exercise in this behalf shall be completed within three months from the

date of receipt of a copy of this order.

Pending MA No.222/2021 shall stand disposed of.

There shall be no orders as to costs.