Gujarat High Court
Union Of India vs Nayan Muljibhai Luhar on 7 February, 2025
Author: Umesh A. Trivedi
Bench: Umesh A. Trivedi
NEUTRAL CITATION
C/SCA/11953/2016 ORDER DATED: 07/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 11953 of 2016
With
R/SPECIAL CIVIL APPLICATION NO. 11954 of 2016
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UNION OF INDIA & ORS.
Versus
NAYAN MULJIBHAI LUHAR & ANR.
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Appearance:
MS MAITHILI D MEHTA(3206) for the Petitioner(s) No. 1,2,3
RULE SERVED for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MR. JUSTICE CHEEKATI
MANAVENDRANATH ROY
Date : 07/02/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)
1. Heard, Ms. Maithili Mehta, learned Senior Standing Counsel for the petitioners. These petitions are filed by the Union of India (UoI) through Ministry of Finance, Central Board of Direct Taxes, and Principal Chief Commissioner of Income Tax challenging the judgment and order passed by the Central Administrative Tribunal, Ahmedabad Bench (hereinafter referred to as, the Tribunal, Ahmedabad) in O.A. No. 183 and 281 of 2015 dated 29.02.2016, Page 1 of 3 Uploaded by HIREN MER(HC00351) on Mon Feb 10 2025 Downloaded on : Mon Feb 10 22:19:08 IST 2025 NEUTRAL CITATION C/SCA/11953/2016 ORDER DATED: 07/02/2025 undefined whereby, the petitioners were directed to convene a review DPC to consider afresh the case of the applicants for promotion after counting their regular service in the erstwhile region where they were working before transfer, for the purpose of promotion to the post of Senior Tax Assistant, if they fulfill other conditions.
2. However, when matters came up for hearing before this Court, learned counsel for the petitioners pointed out that similar is the view taken by the High Court of Judicature for Rajashthan at Jodhpur in the case of Union of India and Others v. Ramesh Kumar Panwar and Another by judgment and order dated 26.05.2015 passed in D.B. Civil Writ Petition No. 5148 of 2013. However, department challenged the said order before the Supreme Court by way of a Special Leave to Appeal (Civil) No. 3479 of 2016, wherein, vide order dated 01.02.2016, Supreme Court has stayed operation and implementation of the order impugned therein. Therefore, this Court, vide order dated 19.07.2016, admitted the petitions and granted ad-interim relief staying further operation and implementation of the impugned judgment and order dated 29.02.2016 passed by the Tribunal, Ahmedabad.
3. However, during the pendency of these petitions, Supreme Court determined the controversy raised in the case of Union of India and Others v. Ramesh Kumar Panwar and Another in Special Leave to Appeal (Civil) No. 3479 of 2016 vide judgment and order Page 2 of 3 Uploaded by HIREN MER(HC00351) on Mon Feb 10 2025 Downloaded on : Mon Feb 10 22:19:08 IST 2025 NEUTRAL CITATION C/SCA/11953/2016 ORDER DATED: 07/02/2025 undefined dated 10.04.2019 passed in Civil Appeal No. 3792 of 2019 as also Civil Appeal No. 3793 of 2019, which were heard on the very same day before the Supreme Court. The Supreme Court was pleased to dismiss the special leave petitions preferred by the department. Since, even according to department, issue covered in the judgment against the department, is confirmed by the Supreme Court, nothing further remains to be done this case. Therefore, in view of special leave petitions filed by the department challenging the very same view which is taken by the Tribunal, Ahmedabad being confirmed by the Supreme Court, we see no reason to entertain these petitions. Hence, we hereby reject these petitions and confirm the order passed by the Tribunal, Ahmedabad. Rule is discharged. Ad-interim relief granted earlier stands vacated.
[ Umesh A. Trivedi, J. ] [ Cheekati Manavendranath Roy, J. ] hiren/10tss7225 Page 3 of 3 Uploaded by HIREN MER(HC00351) on Mon Feb 10 2025 Downloaded on : Mon Feb 10 22:19:08 IST 2025