Central Administrative Tribunal - Delhi
Ashok Kumar vs Revenue on 5 December, 2023
Item No. 14 (C-3) 1 O.A No. 1437/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No.1437/2022
This the 5th day of December, 2023
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
Mr. Ashok Kumar, DPA Grade 'B'
Aged about 57 years,
S/O Late Sh. Ghanshyam Dass,
R/O D-13, II Floor, Lord Krishna Road
Adarsh Nagar, New Delhi-11033
...Applicant
(By Advocate : Mr. M.K Bhardwaj)
VERSUS
1. Union of India
Through its Secretary (Revenue)
Ministry of Finance,
North Block,
New Delhi-110001
2. The Chairperson,
Central Board of Direct Taxes
North Block,
New Delhi-110001
3. The Principal Chief Commissioner of Income
Tax (CCA)
Delhi, CR Building,
I.P Estate,
New Delhi-110002
...Respondents
(By Advocate : Mr. Rajeev Kumar)
Item No. 14 (C-3) 2 O.A No. 1437/2022
ORDER (ORAL)
Hon'ble Mr. Anand Mathur, Member (A) With the consent of learned counsel for both the parties, the matter has been taken up for final hearing.
2. The instant O.A has been filed by the applicant seeking the following relief:-
(i) "To quash and set aside the impugned order dated 01.01.2021 and April 2022 and direct the respondents to consider the applicant for promotion to the post of DPA Grade -B (Income Tax) by holding Review DPC and grant him promotion to the aforesaid post of DPA Grade-B (Income Tax) from the date of promotion of similarly placed persons namely Sh. Deepak Kandhari and, Ms. Manisha Pant with all consequential benefits.
(ii) To declare the action of respondents in not counting applicant's past regular service as DPA Grade-A in the old region as eligible service for promotion to the post of DPA Grade-B as illegal, arbitrary and unconstitutional and direct the respondents to consider and promote the applicant to the post of DPA Grade- B (Income Tax) from the date of promotion of his juniors and similarly placed persons by counting the entire service rendered in the old region as DPA Grade -A as eligible service for promotion to the aforesaid post with all consequential benefits.
(iii) To direct the respondents to grant the benefits of judgement dated 10.04.2019 in Civil Appeal No. 3792/2019, Pratibha Rani &Ors. Vs. Union of India to the applicant with all consequential benefits.
(iv) To allow the OA with exemplary costs on the respondents.
Item No. 14 (C-3) 3 O.A No. 1437/2022
(v) Any other or further relief which the Hon'ble Tribunal may deem fir and proper in the facts and circumstances of the case."
3. Admitted facts of the case are that the applicant was transferred as per the Inter Charge Transfer Policy (hereinafter referred to as ICT Policy) dated 14.05.1990 from North West Region ( headquarter at Chandigarh of the Department) to Delhi Region, where he joined as Data Processing Assistant (DPA) Grade 'A' on 26.11.2012. It is also seen that the applicant voluntarily accepted all the terms and conditions of the said policy including the condition that the service rendered by him in the previous Region would not be counted for the purpose of seniority in the new Region. Hence, he was placed at the bottom of the seniority list in the new Region. Since the service rendered by him in the previous Region was not counted, he was promoted to next grade of DPA Grade 'B' w.e.f. 06.03.2017, i.e., only after meeting the eligibility criteria of regular service of three years as on 01.04.2016.
"
Item No. 14 (C-3) 4 O.A No. 1437/2022
4. It is also seen that in letter dated 01.02.2024 ( Annexure A-
2), vide which the representation of the applicant had been disposed of, there is a reference of CBDT letter F.No. HRD/CM/ 102/10/2014-15/1514 dated 17.06.2015 whereby instructions for conducting DPCs for Group 'B' and 'C' for the vacancy year 2015-
16 had been issued to the effect that "for the purpose of reckoning prescribed years of regular service in the grade, the service rendered by the inter- religion transferee in the old region shall not be counted in the new region".
5. From the above, it emerges that service rendered by the applicant in the previous region has not been counted for reckoning the same as "regular service" for promotion to the post of DPA Grade 'B' on the premise that he had come to the present Region on acceptance of bottom seniority on 26.11.2012. Hence, he had been promoted to the said post w.e.f. 06.03.2017.
6. The applicant by virue of this OA is seeking ante dating of the said promotion on the basis of counting of his previous service rendered by him in the previous Region.
Item No. 14 (C-3) 5 O.A No. 1437/2022
7. Learned counsel for the respondents stands by the averments already made in the counter affidavit.
8. On hearing learned counsel for both the parties, we find that the issues to be adjudicated upon are:-
(a) Whether the service rendered by the applicant as DPA Grade 'B' in the previous Region can be counted for the purpose of eligibility for promotion to DPA Grade 'B' in the new region; and
(b) Whether the promotion already granted with reference to 06.03.2017 can be ante dated with reference to the date of promotion of his immediate junior in the present unit. As per his eligibility in terms of the prescribed criteria.
9. Learned counsel for the applicant draws our attention to an Order passed by a Coordinate Bench of this Tribunal in an identical matter, i.e. Rajat Saroha & Ors. vs. Union of India & Ors. [ O.A 155/2018 decided on 24.01.2018] and seeks similar relief in the instant O.A. Item No. 14 (C-3) 6 O.A No. 1437/2022
10. We have gone through the decision of a coordinate Bench of this Tribunal in Rajat Saroha (supra) and find that the ratio decided therein is applicable to the present case. Therefore, we dispose of the instant OA as under, with the same directions as in the said case:-
(i) The respondents are directed to count the services rendered by the applicant in his previous zone/region for purposes of his promotion to the post of DPA Grade 'B'.
(ii) The applicant shall be considered for such promotion on the basis of his seniority in Delhi region as per his turn, on the basis of his seniority and availability of vacancy.
(iii) It is noted that the applicant had already been promoted on 06.03.2017, ante dating of this promotion shall be done purely on a notional basis as per the directions given above.
Item No. 14 (C-3) 7 O.A No. 1437/2022
(iv) The directions, as ordained above, shall be complied with by the respondents, within a period of two months from the date of receipt of a certified copy of this Order.
11. The O.A stands disposed of in the aforementioned terms.
12. No order as to costs.
(Manish Garg) (Anand Mathur)
Member (J) Member (A)
/an/