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,
NEUTRAL CITATION
C/SCA/11953/2016 ORDER DATED: 07/02/2025
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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
NEUTRAL CITATION
C/SCA/11953/2016 ORDER DATED: 07/02/2025
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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
