Dismissed

Shri. Ram Khilari Upadhayay v. Union of India

Karnataka HC11 Aug 2021WP/4922/2020

Case brief

AI extract

What is this about?

Tax Assistants challenged a direction for review DPCs concerning promotions to Executive Assistant. The Court upheld reconsideration under the Recruitment Rules of 2015 and found the challenge to anticipated reversion premature. It dismissed all connected petitions, noting that natural justice must be followed if reversion becomes necessary.

What the court decided

AI extract

Shri. Ram Khilari Upadhayay Vs Union of India — Service and Employment | Karnataka HC (2021)

¶1

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF AUGUST, 2021

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PRESENT

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THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

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AND

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THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶8

WRIT PETITION NO. 3938/2021 C/W WRIT PETITION NOs.4474/2020, 4922/2020, 3426/2021, 3497/2021, 3812/2021, 3939/2021, 4029/2021, 4034/2021, 4036/2021, 4108/2021, 5034/2021, 13248/2021, 13288/2021, 13292/2021, 13294/2021, 13298/2021, 13302/2021, 13307/2021 (S-CAT)

¶9

IN WRIT PETITION NO.3938/2021

¶10

BETWEEN

¶11

ANJU KUMAR PINTU S/O NAGESHWAR RAJAK, AGED ABOUT 46 YEARS, WORKING AS EXECUTIVE ASSISTANT COMMISSIONER OF CENTRAL EXCISE AND CENTRAL TAX, UDUPI DIVISION, 1^ST FLOOR, VISHNU PRIYA BHAWAN, LBS MARG, AJJARKAD, UDUPI-576101

¶12

... PETITIONER

¶13

(BY SRI GIRISH B MANGANNAVAR, ADV.)

¶14

AND:

¶15

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK NEW DELHI-110 001

¶16

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2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

¶18

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE, P B NO.5400, CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001

¶19

... RESPONDENTS

¶20

(BY SRI B.PRAMOD, CGSC FOR R2 & R3)

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.01.2020 PASSED IN O.A.NO.170/01077/2019 VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 17.01.2021 IN O.A.NO.170/01077/2020 AND ETC.

¶22

IN WRIT PETITION NO.4474/2020

¶23

BETWEEN

¶24

MANJUNATHA G S/O N.K.GOPAL REDDY AGED ABOUT 33 YEARS WORKING AS EXECUTIVE ASSISTANT, OFFICE OF ADDITIONAL COMMISSIONER OF CUSTOMS, ICD, BENGALURU, R/O NO.129, 2^ND MAIN ROAD, NALLURAHALLI, WHITEFIELD (POST) BENGALURU-560 066

¶25

... PETITIONER

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(BY SRI.GIRISH B.MANGANNAVAR, ADV.)

¶27

AND:

¶28

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶29

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2 . CENTRAL BOARD OF EXCISE AND

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CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶33

... RESPONDENTS

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(BY SRI B.PRAMOD, CGSC FOR R2 AND R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/00770/2019 VIDE ANNX-A PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU AND CALL FOR THE RECORDS RELATING TO THE ORDER DATED 13.12.2019 IN O.A.NO.170/00770/2019.

¶36

IN WRIT PETITION NO.4922/2020

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BETWEEN

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SHRI. RAM KHILARI UPADHAYAY AGED ABOUT 55 YEARS WORKING AS INSPECTOR BENGALURU NORTH COMMISSIONERATE CENTRAL TAX, HMT BHAVAN BELLARY ROAD, GANGANAGAR BENGALURU - 560032

¶39

... PETITIONER

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(BY SRI.GIRISH B MANGANNAVAR, ADV.)

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AND:

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1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶43

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2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560001.

¶46

... RESPONDENTS

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(BY SRI B.PRAMOD, CGSC FOR R2 & R3)

¶48

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/01023/2019 VIDE ANNX-A PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH, BENGALURU AND CALL FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O.A.NO.170/01023/2019 AND ETC.

¶49

IN WRIT PETITION NO.3426/2021

¶50

BETWEEN:

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DEVENDRA KUMAR S/O. RAMJEE THAKUR, AGED ABOUT 37 YEARS WORKING AS EXECUTIVE ASSISTANT, OFFICE OF PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, PB NO. 5400,

¶52

CR BUILDINGS, QUEENS ROAD, BANGALORE 560 001

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... PETITIONER

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(BY SRI.GIRISH B. MANGANNAVAR, ADV.)

¶55

AND:

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1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

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2 . CENTRAL BOARD OF EXCISE

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AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE

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P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560001.

¶62

... RESPONDENTS

¶63

(BY SRI B.PRAMOD, CGSC FOR R2 AND R3)

¶64

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 13.12.2019 PASSED IN OA NO.170/01063/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNX-A CALLING FOR THE RECORDS RELATING OF THE ORDER DTD 13.12.2019 IN OA NO.170/01063/2019 AND ETC.

¶65

IN WRIT PETITION NO.3497/2021

¶66

BETWEEN:

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PRASHANT KUMAR S/O ANIL KUMAR AGED ABOUT 36 YEARS WORKING AS EXECUTIVE ASSISTANT, COMMISSIONER OF CENTRAL TAX (AUDIT-1) COMMISSIONERATE 2^ND FLOOR, BMTC BUS STAND COMPLEX BANASHANKARI BANGALORE-560 070 ... PETITIONER

¶68

(BY SRI.GIRISH B MANGANNAVAR)

¶69

AND:

¶70

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

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2 . CENTRAL BOARD OF EXCISE AND

¶72

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CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶75

... RESPONDENTS

¶76

(BY SRI B.PRAMOD, CGSC)

¶77

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 13.12.2019 PASSED IN O.A.NO.170/01026/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNX-A CALLING FOR THE RECORDS RELATING OF THE ORDER DTD. 13.12.2019 IN NO.170/01026/2019.

¶78

IN WRIT PETITION NO.3812/2021

¶79

BETWEEN:

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SAILENDAR KUMAR DUTTA S/O. AMBIKA PRASAD DUTTA, AGED ABOUT 46 YEARS WORKING AS EXECUTIVE ASSISTANT, COMMISSIONER OF GST AND CENTRAL TAX, NORTH COMMISSIONERATE, HMT BHAWAN, GANGA NAGAR, BANGALORE 560 032 ... PETITIONER

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(BY SRI.GIRISH B MANGANNAVAR, ADV.)

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AND:

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1 . UNION OF INDIA

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REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

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2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN

¶86

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NORTH BLOCK, NEW DELHI-110 001.

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶89

... RESPONDENTS

¶90

(BY SRI B.PRAMOD, CGSC FOR R1)

¶91

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.13.12.2019 PASSED IN O.A.NO.170/00947/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DTD.13.12.2019 IN O.A.NO.170/00947/2019.

¶92

IN WRIT PETITION NO.3939/2021

¶93

BETWEEN:

¶94

SHRI. NARENDRA DEO KUMAR S/O VIRENDRA KUMAR BINDOO, AGED ABOUT 46 YEARS, WORKING AS EXECUTIVE ASSISTANT, COMMISSIONER OF CENTRAL EXCISE AND CENTRAL TAX, UDUPI DIVISION, 1^ST FLOOR, VISHNU PRIYA BHAWAN, LBS MARG, AJJARKAD, UDUPI 576101

¶95

... PETITIONER

¶96

(BY SRI.GIRISH B MANGANNAVAR, ADV.)

¶97

AND:

¶98

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶99

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK,

¶100

¶101

NEW DELHI-110 001.

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶103

... RESPONDENTS

¶104

(BY SRI B.PRAMOD, CGSC FOR R2 AND R3)

¶105

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.01.2020 PASSED IN O.A.NO.170/01076/2019 VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 17.01.2020 IN O.A.NO.170/01076/2020 AND ETC.

¶106

IN WRIT PETITION NO.4029/2021

¶107

BETWEEN:

¶108

MITHILESH KUMAR S/O. LAKSHMAN PRASAD, AGED ABOUT 33 YEARS

¶109

WORKING AS EXECUTIVE ASSISSTANT, PRINCIPAL COMMISSIONER OF CENTRAL TAX, MYSURU COMMISSIONERATE, GST BHAWAN, VINAYA MARG, SIDDHARTHA NAGAR, MYSORE 570 011

¶110

... PETITIONER

¶111

(BY SRI.GIRISH B.MANGANNAVAR, ADV.)

¶112

AND:

¶113

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶114

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

¶115

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶117

... RESPONDENTS

¶118

(BY SRI B.PRAMOD, CGSC FOR R1)

¶119

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/01064/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O.A.NO.170/01064/2019.

¶120

IN WRIT PETITION NO.4034/2021

¶121

BETWEEN:

¶122

SHRI. AMRESH CHANDRA YADAV S/O HEERA LAL YADAV AGED ABOUT 35 YEARS, WORKING AS EXECUTIVE ASSISTANT, OFFICE OF COMMISSIONER OF CENTRAL TAX, BANGALORE SOUTH COMMISSIONERATE, 6^TH FLOOR, P.B.NO.5400, C.R.BUIDLINGS, QUEENS ROAD, BANGALORE-560 001.

¶123

... PETITIONER

¶124

(BY SRI. GIRISH B MANGANNAVAR, ADV.)

¶125

AND:

¶126

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶127

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

¶128

¶129

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶130

... RESPONDENTS

¶131

(BY SRI B.PRAMOD, CGSC FOR R2 AND R3)

¶132

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 17.01.2020 PASSED IN O.A.NO.170/01079/2019 VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 17.01.2020 IN O.A.NO.170/01079/2020 AND ETC.

¶133

IN WRIT PETITION NO.4036/2021

¶134

BETWEEN:

¶135

SHRI BIJAY GUPTA S/O RAJ KISHORE PRASAD AGED ABOUT 32 YEARS WORKING AS EXECUTIVE ASSISTANT COMMISSIONER OF CUSTOMS NEW COMMISSION HOUSE PARAMBUR MANGALORE-575 010

¶136

... PETITIONER

¶137

(BY SRI. GIRISH B MANGANNAVAR, ADV.)

¶138

AND:

¶139

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶140

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

¶141

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE

¶142

¶143

P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶144

... RESPONDENTS

¶145

(BY SRI B.PRAMOD, CGSC FOR R1)

¶146

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/01024/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN OA NO.170/01024/2019 AND ETC.

¶147

IN WRIT PETITION NO.4108/2021

¶148

BETWEEN:

¶149

SHRI KARAMVEER KUMAR S/O KRISHNA KUMAR GUPTA AGED ABOUT 34 YEARS WORKING AS EXECUTIVE ASSISTANT COMMISSIONER OF CENTRAL TAX BMTC BUS STAND COMPLEX SHIVAJINAGAR BANGALORE-560001

¶150

... PETITIONER

¶151

(BY SRI. GIRISH B. MANGANNAVAR, ADV.)

¶152

AND:

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1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶154

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

¶155

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX, BANGALORE P.B. NO.5400, CENTRAL REVENUE BUILDING,

¶156

¶157

QUEENS ROAD, BENGALURU-560 001.

¶158

... RESPONDENTS

¶159

(BY SRI B.PRAMOD, CGSC FOR R1)

¶160

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/01048/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O.A.NO.170/01048/2019 AND ETC.

¶161

IN WRIT PETITION NO.5034/2021

¶162

BETWEEN:

¶163

SHRI. NANDISH H M S/O C H MAHADEVAIAH, AGED ABOUT 40 YEARS, WORKING AS EXECUTIVE ASSISTANT OFFICE OF ADDITIONAL DIRECTOR GENERAL DIRECTORATE OF SYSTEMS AND DATA MANAGEMENT, BANGALORE AND R/AT NO.23,GROUND FLOOR, 2^ND MAIN, 5^TH CROSS, SANTHOSH NAGAR, ESCORTS ENGINEERS LAYOUT, ATTUR LAYOUT, BANGALORE-560 064 (BY SRI.GIRISH B. MANGANNAVAR, ADV.)

¶164

... PETITIONER

¶165

AND:

¶166

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT MINISTRY OF FINANCE DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001.

¶167

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN NORTH BLOCK, NEW DELHI-110 001.

¶168

¶169

3 . THE PRINCIPAL CHIEF COMMISSIONER

¶170

OF CENTRAL TAX, BANGALORE

¶171

P.B. NO.5400, CENTRAL REVENUE BUILDING, QUEENS ROAD, BENGALURU-560 001.

¶172

... RESPONDENTS

¶173

(BY SRI.B.PRAMOD, CGSC FOR R2 AND R3)

¶174

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 13.12.2019 PASSED IN O.A.NO.170/00891/2019 VIDE ANNX-A CALLING FOR THE RECORDS RELATING OF THE ORDER DTD 13.12.2019 IN OA NO.170/00891/2019 AND ETC.

¶175

IN WRIT PETITION NO.13248/2021

¶176

BETWEEN:

¶177

SHRI SUMANTH PRASAD S/O LATE SHIVA PRASAD, AGED ABOUT 30 YEARS WORKING AS EXECUTIVE ASSISTANT COMMISSIONER OF CUSTOMS NEW CUSTOM HOUSE, PANAMBUR MANGALORE – 575 010

¶178

... PETITIONER

¶179

(BY SRI.GIRISH B. MANGANNAVAR, ADV.)

¶180

AND:

¶181

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001

¶182

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

¶183

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX

¶184

¶185

BANGALORE, P B NO.5400 CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001

¶186

... RESPONDENTS

¶187

(BY SRI B.PRAMOD, CGSC ALONG WITH SRI.NAGARAJA HEGDE, ADV.)

¶188

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13/12/2019 PASSED IN OA NO.170/01049/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13/12/2019 IN OA NO.170/01049/2019 AND ETC.

¶189

IN WRIT PETITION NO.13288/2021

¶190

BETWEEN:

¶191

SMT NIRMALA KUMARI D/O SRI KAPIL DEO NARAYAN SINGH AGED ABOUT 32 YEARS, WORKING AS EXECUTIVE ASSISTANT, COMMISSIONER OF CENTRAL TAX GST EAST COMMISSIONERATE BMTC BUILDING,DOMLUR BENGALURU-560071 ... PETITIONER

¶192

(BY SRI.GIRISH B.MANGANNAVAR, ADV.)

¶193

AND:

¶194

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001

¶195

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

¶196

¶197

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX BANGALORE, P B NO.5400 CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001

¶198

... RESPONDENTS

¶199

(BY SRI B.PRAMOD, CGSC ALONG WITH SRI.NAGARAJA HEGDE, ADV.)

¶200

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/01069/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O A NO.170/01069/2019 AND ETC.

¶201

IN WRIT PETITION NO.13292/2021

¶202

BETWEEN:

¶203

SHRI PRASENJIT MONDAL S/O SUBAL CHANDRA MONDAL AGED ABOUT 36 YEARS, WORKING AS EXECUTIVE ASSISTANT COMMISSIONER OF CUSTOMS, CENTRAL REVENUE BUILDING, QUEENS ROAD BENGALURU-560 001

¶204

... PETITIONER

¶205

(BY SRI.GIRISH B.MANGANNAVAR, ADV.)

¶206

AND:

¶207

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001

¶208

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST

¶209

¶210

BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

¶211

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX BANGALORE, P B NO.5400 CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001 ... RESPONDENTS (BY SRI B.PRAMOD, CGSC ALONG WITH SRI.NAGARAJA HEGDE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/01069/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O A NO.170/01069/2019 AND ETC.

¶212

IN WRIT PETITION NO.13294/2021

¶213

BETWEEN:

¶214

NILESH K A S/O SRI K.M.APPANNA AGED ABOUT 33 YEARS, WORKING AS EXECUTIVE ASSISTANT ADDL. D G DTE OF SYSTEMS AND DATA MANAGEMENT, 2^ND FLOOR, C R BLDG QUEENS ROAD BENGALURU-560 001 (BY SRI.GIRISH B. MANGANNAVAR, ADV.)

¶215

... PETITIONER

¶216

AND:

¶217

1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001

¶218

¶219

2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

¶220

3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX BANGALORE, P B NO.5400 CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001

¶221

... RESPONDENTS

¶222

(BY SRI.B.PRAMOD, CGSC FOR R2 AND R3 ALONG WITH SRI.NAGARAJA HEGDE, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A.NO.170/00885/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O A NO.170/00885/2019 AND ETC.

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IN WRIT PETITION NO.13298/2021

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BETWEEN:

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SHRI. DEEPAK CHAUDHARY S/O SRI SATYANARAYAN AGED ABOUT 32 YEARS WORKING AS EXECUTIVE ASSISTANT, COMMISSIONER OF CUSTOMS CITY CUSTOMS HEAD QUARTERS, QUEENS ROAD BENGALURU - 560 001.

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... PETITIONER

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(BY SRI.GIRISH B. MANGANNAVAR, ADV.)

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AND:

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1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE,

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DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001

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2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX BANGALORE, P B NO.5400 CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001

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... RESPONDENTS

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(BY SRI B.PRAMOD, CGSC ALONG WITH SRI.NAGARAJA HEGDE, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A. NO. 170/00950/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE - A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O. A. NO. 170/00950/2019 AND ETC.

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IN WRIT PETITION NO.13302/2021

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BETWEEN:

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SHRI RITU RAJ RANJAN S/O KAMLA KANT PRASAD AGED ABOUT 31 YEARS, WORKING AS EXECUTIVE ASSISTANT PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX CENTRAL REVENUE BUILDING QUEENS ROAD BENGALURU-560001 ... PETITIONER (BY SRI.GIRISH B.MANGANNAVAR, ADV)

AND:

1 . UNION OF INDIA

REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001

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2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX BANGALORE, P B NO.5400 CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001

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... RESPONDENTS

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(BY SRI B.PRAMOD, CGSC ALONG WITH SRI.NAGARAJA HEGDE, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 17.01.2020 PASSED IN O.A.NO.170/01098/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE-A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 17.01.2020 IN O A NO.170/010098/2019 AND ETC.

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IN WRIT PETITION NO.13307/2021

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BETWEEN:

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SHRI MAHESH GUPTA A S/O LATE A NANDHAVAN, AGED ABOUT 47 YEARS WORKING AS EXECUTIVE ASSISTANT COMMISSIONER OF CENTRAL TAX, NO.59, GROUND FLOOR, HMT BHAWAN BELLARY ROAD BENGALURU - 560 032. ... PETITIONER (BY SRI.GIRISH B. MANGANNAVAR, ADV.)

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AND:

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1 . UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110 001 2 . CENTRAL BOARD OF EXCISE AND CUSTOMS (CBEC) AND GST BY ITS CHAIRMAN, NORTH BLOCK, NEW DELHI-110 001

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3 . THE PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX BANGALORE, P B NO.5400 CENTRAL REVENUE BUILDING, QUEEN'S ROAD, BENGALURU-560001 ... RESPONDENTS

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(BY SRI B.PRAMOD, CGSC ALONG WITH SRI.NAGARAJA HEGDE, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 13.12.2019 PASSED IN O.A. NO. 170/01701/2019 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU BENCH VIDE ANNEXURE - A CALLING FOR THE RECORDS RELATING OF THE ORDER DATED 13.12.2019 IN O. A. NO. 170/01071/2019 AND ETC.

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THESE WRIT PETITIONS COMING ON FOR ORDERS AND HAVING BEEN HEARD AND RESERVED ON 05.08.2021 THIS DAY, SATISH CHANDRA SHARMA, J., PRONOUNCED THE FOLLOWING:

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ORDER

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Regard being had to the similitude in the controversy

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involved in these cases, they were heard analogously together and a common order is being passed.

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The facts of W.P.No.4474/2020 are narrated as under:

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The petitioner before this Court has filed the present petition being aggrieved by the order dated 13.12.2019 passed in O.A.No.170/00770/2019 (Manjunath G vs. The Union of India represented by Secretary to Government and others).

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The facts of the case reveal that the petitioner before this Court was appointed as a Tax Assistant in the office of the Principal Chief Commissioner of Central Tax, Bengaluru, pursuant to selection by the Staff Selection Commission. He has successfully completed his probationary period. At the relevant point of time, when the petitioner was appointed, promotions were made under the Old Rules from the post of Tax Assistant to the post of Senior Tax Assistant (STA).

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The relevant Rules governing the field for promotions are known as Central Excise and Customs Department Senior Tax Assistant (Group C Posts) Recruitment Rules, 2003 (hereinafter referred to as the

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Recruitment Rules of 2003). The next promotion channel for the post of Tax Assistant was Senior Tax Assistant and the petitioner was certainly entitled for promotion to the post of Senior Tax Assistant.

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As already stated earlier, the petitioner was appointed in 2013 and the at the relevant point of time, the qualification prescribed for promotion was three years of regular service in the post of Tax Assistant. In addition, they were required to pass the departmental examination.

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In the year 2015, restructuring and

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reorganization of the department took place and the post of Deputy Office Superintendent was merged with the post of Senior Tax Assistant and altogether a new cadre i.e., Executive Assistant came into existence. A notification was issued on 15.4.2015 redesignating and merging the two posts.

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The notification dated 15.4.2015 is reproduced as

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under:-

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"F.No.A-11013/18/2015-Ad.IV Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs

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5th Floor, Hudco Vishala Building, Bhikaji Cama Place, New Delhi-110066. Dated, the 15th April, 2015.

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All Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/Commissioners of Central Excise, Customs and Service Tax

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All Directors General/Directorates under CBEC.

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Subject:- Re-designation of the posts of Deputy Office Superintendent and Senior Tax Assistant as Executive Assistant — Reg.

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Sir/Madam,

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I am directed to convey the approval of the competent authority to the re-designation of the posts of Deputy Office Superintendent (PB-2 Rs.9300-34800 with GP of Rs.4200/-) and Senior Tax Assistant (PB-2 Rs.9300-34800 with GP of Rs.4200/-) as Executive Assistant in Central Board of Excise & Customs, consequent upon cadre restructuring and reorganization of filed formations under the Central Board of Excise & Customs issued vide F.No.A-11019/0812013-Ad.IV dated 18.12.2013.

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The re-designated post of Executive Assistant will carry a pay scale of PB-2 Rs.9300- 34800 with Grade Pay of Rs.4200/-

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This issues with the concurrence of Department of Expenditure vide MoF, DoE I.D. No. 2(4)E.III Desk/2011 dated 3rd June, 2013.

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This order shall be deemed to take effect from 18.12.2013.

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Yours faithfully, sd/(B.Gink Mang) Under Secretary to the Govt. of India."

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The undisputed facts further reveal that in exercise of the powers conferred under the proviso to Article 309 of the Constitution of India, the Rules were framed for promotion to the post of Executive Assistant known as the Central Excise and Customs Department, Executive Assistant (Group 'B', Non Gezetted post) Recruitment Rules, 2015 and under the said Recruitment Rules, 60% posts were to be filled up by promotion and 40% by direct recruitment through Staff Selection Commission.

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The Recruitment Rules of 2015 provided that for the purposes of promotion, the Tax Assistants with 10 years of service in the grade and in addition, those who have passed the departmental examination, were qualified for the promotion. The Rules for filling up of the post of Executive Assistant came into force on 28.9.2015. However, certain promotions under the various Commissionerates took place promoting the Tax Assistants to the post of Executive Assistants in spite of the fact that the Recruitment Rules of 2015 came into play. The petitioner was promoted to the post of Senior Tax Assistant by an order dated 29.6.2017 (though the post was redesignated as Executive Assistant) w.e.f., 1.4.2017.

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As large number of employees, who were not fulfilling the qualification for the post of Executive Assistant, were promoted contrary to the Recruitment Rules of 2015, the department took action in the matter and various letters/executive instructions issued by the various authorities were withdrawn by an order dated 1.7.2019 by the Government of India. The Government of India has passed a detailed order stating that the Chief Commissioners, who have issued the orders for holding Departmental Promotion Committees (DPCs) have issued orders contrary to the Recruitment Rules of 2015 and corrective action has to be taken keeping in view the Recruitment Rules and Department of Personnel and Training (DOPT) guidelines.

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The petitioner being aggrieved by the Memorandum issued by the Government of India dated 1.7.2019 has preferred an original application before the Central Administrative Tribunal (hereinafter referred to as the Tribunal) and the Tribunal has dismissed the same. Against the order passed by the Tribunal, the present petition has been filed.

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This Court has heard the learned counsel appearing for the parties and perused the record.

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The undisputed facts reveal that the petitioner was promoted as Tax Assistant on 21.3.2013. He was promoted to the post of Senior Tax Assistant w.e.f., 1.4.2017. The post of Senior Tax Assistant was redesignated as Executive Assistant by a notification issued by the Government of India dated 28.9.2015 and the Recruitment Rules of 2015 were also framed in the year 2015 itself.

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The order of promotion is on record as AnnexureA2 and the same reveals that for the vacancies of the year 2016-17 and 2017-18 the order of promotion has been issued.

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Learned counsel for the Union of India has

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categorically stated before this Court that the vacancies were in respect of 2016, 2017 and 2018 recruitment year and his contention is that by no stretch of imagination the Rules, which were not in existence could have been applied for providing promotion to the post of Executive Assistant and the only Rules, which came into existence in the year 2015 known as the Central Excise and Customs Department,

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Executive Assistant (Group 'B', Non Gezetted posts)

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Recruitment Rules, 2015, could have been made applicable.

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In the considered opinion of this Court, by the impugned order, which was the subject matter of challenge before the Tribunal, the Government of India has permitted holding of a review DPC and therefore, the Tribunal was justified in dismissing the original application as promotions are required to take place strictly in consonance with the statutory provisions as contained under the Recruitment Rules of 2015.

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In the present case, the petitioner has been promoted dehors the statutory provisions and therefore, the Government of India was certainly justified in directing holding of the review DPC. However, the review DPC has not been held so far and therefore, there is no order of reversion and the present petition is certainly a premature petition.

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Learned counsel for the petitioner has placed heavy reliance upon a judgment delivered by the Hon'ble Supreme Court in the case of Adi Saiva Sivachariyargal Nala Sangam and ors., v. The Government of Tamil

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Nadu and Ors., reported in (2016) 2 SCC 725. His contention is that in the aforesaid case, the process of appointment, before any appointment was made, was under challenge in respect of a Priest and therefore, he has argued before this Court that in the present case also, the petitioner is entitled to challenge the reversion, which is yet to take place.

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In the considered opinion of this Court, the aforesaid judgment does not help the petitioner at all as there is no cause of action at present and the review DPC is yet to be held by the department taking into account the Recruitment Rules of 2015.

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Reliance has also been placed upon a judgment delivered in the case of Ashok Kumar Rana v. The Union of India and ors., passed by the High Court of Manipur at Imphal in W.P.(C) No.710/2014, decided on 24.6.2016. In the aforesaid case, the learned Single Judge was dealing with a case of reversion and the learned Single Judge has arrived at a conclusion that, in case, a person is to be reverted, an opportunity of hearing has to be accorded to him.

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In the present case, the stage of reversion has not at all come and the respondents shall certainly follow the principles of natural justice and fair play, in case, the necessity arises for reverting the petitioner and the persons placed like the petitioner in the department.

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Reliance has also been placed upon a judgment delivered by the Hon'ble Supreme Court in the case of Vijay Kumar vs. State of Maharashtra and Ors., reported in AIR 1988 SC 2060. The aforesaid case before the Hon'ble Supreme Court was a case of promotion and the Hon'ble Supreme Court was dealing with an issue of non communication of adverse ACRs. However, in the present case, no such contingency is involved. In the present case, a review DPC is yet to be held for considering the case for promotion keeping in view the Recruitment Rules of 2015 and therefore, the aforesaid judgment also does not help the petitioner in any manner and the Tribunal was justified in dismissing the original application. This Court does not find any reason to interfere with the order passed by the Tribunal.

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Resultantly, the writ petition is dismissed.

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In view of the aforesaid, the other connected writ petitions are also dismissed.

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Pending IAs, if any, stand disposed of.

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No order as to costs.

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SD/JUDGE

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