CAT Allahabad stays Kanpur charge for promotion from ITI to ITO unless seniority re-fixed as per "Parmar" case
Intrim Order of Allahabad CAT-No further DPC from the post of income tax inspector to the post of Income Tax Officer until unless the seniority list is revised and drwan up properly in accordance with the judgment of Hon'ble Apex Court in the case of Union of india vs N. R. parmar.
The Honorable Supremecourt has ruled the position about conducting of DPCs that DPCs could not be stayed and the seniority could be reviewed by conducting review DPC and the persons who are in belief that their seniority is not fixed property they could approach the courts to demand the review DPC but not to stay the DPCs since it leads to hurdle the Government in running day to day to affairs.
ReplyDeleteMaintainability of Public interest litigation petition (PIL) in CATs is void and it could be filed before the Honorable High Courts but not before the CATs. In OAs, the CAT could say either the petitioners peition could have to be considered by refixing their seniority but not to give blanket stay on DPCs since it will negative effect as the eligible person who was not promoted in intime, he would lose the salary of that post on ground that No work No pay and thus it leads to infringement of fundamental rights of those eligible person and whose lively hood is pay and bread and butter.
ReplyDeleteWhich DR batch of inspectors gone to CAT and stayed the DPC not known. But if they are the DR batch of inspectors joined in the department in 2008 saying that they are belongs to 2005 notification, then we can file against the CAT order in High court of Gujarat that these batch facts are not on par with NR permar easily. 2005 notification advertised 5 vacancies and process was closed on 30th April 2006. The CBDT has sent requisition to SSC 59 posts on 29th December 2006 and 749 posts in 27th february 2006. By that time the recruitment process was stopped. As such, SSC could not recruit candidates beyond advertised vacancies and before receipt of requisition from Board. The DR s who have joined in 2008 are actually to be selected from the subsequent notification after receipt of the requisition received from the Board but not by the previous recruitment process. Hence, the entire recruitment process is illegalas per the Supreme court judgement in the case of Assam public service commission dated January 2013 and also in the matter of public appointments dated 20-02-2014.
ReplyDeleteHas the supreme court judgement mentioned anything about the previous employment of the DR Insp as to if they were already employed in some other dept can their seniority be fixed at an earlier date
ReplyDeleteAlso were the DR insp., age wise ,education wise, etc qualified as on the date of seniority being offered to them