Central Administrative Tribunal - Ernakulam
N.P Sudhish vs Union Of India on 11 December, 2013
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.1182/2013
Wednesday , this the 11th day of December, 2013
C O R A M :
HON'BLE MR.JUSTICE A.K BASHEER, JUDICIAL MEMBER
HON'BLE Mr.K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
N.P Sudhish
S/o.N.N.Prabhakaran
Stenographer Grade II (erstwhile Steno Grade III)
O/o Commissioner of Income Tax, Thrissur
Aayakar Bhavan, ST Nagar, Thrissur - 680 001
Residing at Nhattuvetty House,
Pazhuvil (West), P.O, Thrissur - 680 564 - Applicant
(By Advocate Mr.V Sajith Kumar)
Versus
1. Union of India, represented by the
Secretary to the Government
Department for Revenue
Ministry of Finance
Government of India
New Delhi - 110 001
2. The Chief Commissioner of Income Tax
Cochin - 682 018
3. The Commissioner of Income Tax
ST Nagar, Thrissur - 680 001 - Respondents
(By Advocate Mr.Varghese P.Thomas, ACGSC)
This application having been heard on 11th December, 2013 this
Tribunal on the same day delivered the following :-
O R D E R
BY HON'BLE MR.JUSTICE A.K BASHEER, JUDICIAL MEMBER Applicant who is stated to be working as Stenographer Grade II in the Income Tax Department, has filed this Original Application praying for the following reliefs:
" (i) To declare that the previous charge/service at Gujarat Region are entitled to be considered as service/experience for being considered for the purpose of promotion to the higher category of Grade-11 and Inspector of Income Taxes.
(ii) To direct the respondents to consider the claim of the applicant to be considered for promotion to the post of Inspector of Income Tax by giving due regard to the previous charge/service and give him appointment to the higher category of Grade II and as well as to the post of Inspector of Income Tax with all consequential benefits.
(iii) To direct the 2nd respondent to consider Annexure A-2 and Annexure A-4 and to pass orders on the same in the light of Annexure A-3 before convening the DPC for selection to the post of Inspector of Income Tax for the year 2013 - 2014. "
2. The case of the applicant is that he had joined the service on March 13, 1997 in Gujarat Circle. Later, he was transferred to Kerala Circle in December 2010, and he has been working in Kerala Circle ever-since. His grievance appears to be that the total length of service rendered by him in Gujarat and Kerala Regions is not likely to be taken into account as eligible service for the purpose of promotion to the cadre of Inspector of Income tax.
3. Learned counsel for the applicant has invited our attention to Annexure A-3 order passed by this Tribunal in June 2013 in this context. Anyhow, at this stage, we do not deem it necessary to deal with the above or other contentions raised by the applicant since it is pointed out by the learned counsel that the applicant has already preferred Annexures A-2 and A-4 representations before respondent no.2 highlighting the settled legal position. The limited prayer is to issue a direction to respondent no.2 to take a decision in the matter without any further delay, at least before the next Departmental Promotion Committee meeting. In the peculiar facts and circumstances of this case, the above prayer appears to be just and reasonable.
4. Therefore, this Original Application is disposed of with a direction to respondent no.2 to consider and pass orders on Annexures A-2 and A-4 representations, strictly on their merit and in accordance with law, as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this order. Respondent no.2 shall afford sufficient opportunity to the applicant to be heard in person, if he so desires, before taking a decision in the matter.
5. The Original Application is disposed of in the above terms.
K.GEORGE JOSEPH JUSTICE A.K.BASHEER ADMINISTRATIVE MEMBER JUDICIAL MEMBER sv