Service Law: Seniority – On 7 September 2016, a modified seniority list of the Income Tax Inspectors in the cadre of the Gujarat region was issued – In the said list, the direct recruits of CGLE 2010 were interspaced with promotees of the year 2009-2010 – On the basis of clarification issued by CBDT, a revised seniority list dated 13 February 2018 was published – Direct recruits appointed against vacancies of the year 2009-2010 were interspaced with the promotees of the recruitment year 2010-2011 – Respondents nos.1 to 18, the direct recruits, filed writ petition before the High Court for challenging seniority list dated 13 February 2018 – By impugned judgment, seniority list dated 13 February 2018 was quashed and the seniority list of 7 September 2016 was restored – Clarification added that only those direct recruits who were eligible and qualified in the recruitment year 2009-2010, shall be interspaced with 53 promotees who were promoted vide DPC dated 29 June 2009 – These promotees filed instant appeal – Held: Four issues framed for consideration – Whether the recruitment year is a financial year or calendar year – Whether the decision of this Court in K. Meghachandra’s case is per incuriam or in the alternative, whether it requires reconsideration – Whether the inter-se-seniority of the direct recruits and the promotees in the facts of this case could be determined as per the decision in N.R. Parmar’s case – Whether, in the facts of this case, the process of recruitment of direct recruits commenced in the very recruitment year in which the vacancies arose – Matter referred to larger Bench of five Hon’ble Judges – The interim relief granted on 13 July 2018 vacated – Effect shall be given to the impugned judgment subject to the final outcome of this appeal or reference – Reference to larger bench. Union of India & Ors. v. N. R. Parmar & Ors. 2012
(13) SCC 340 : [2012] 13 SCR 555; K. Meghachandra ORS.
Singh & Ors. v. Ningam Siro & Ors. 2020 (5) SCC 689 : [2019] 16 SCR 651; Mervyn Coutindo & Ors. v. Collector of Customs, Bombay & Ors. [1966] 3 SCR 600; Hon’ble Punjab & Haryana High Court at
Chandigarh v. State of Punjab & Ors. 2019 (12) SCC
496 : [2018] 13 SCR 91; Arvinder Singh Bains v. State of Punjab & Ors. 2006 (6) SCC 673 : [2006] 2 Suppl. SCR 886; M. Subba Reddy & Anr. v. A.P. State Road Transport Corporation & Ors. 2004 (6) SCC 729 : [2004] 1 Suppl. SCR 7; Union of India & Ors. v. S.D. Gupta & Ors. 1996 (8) SCC 14 : [1996] 2 SCR 471referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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