Union Of India And Others vs Manoranjan Behera
2021 Latest Caselaw 4526 Ori

                             W.P. (C) No.19095 of 2020




                                         W.P. (C) No.19095 of 2020

                             Union of India and others        .....    Petitioners

                                                      Vrs.

                             Manoranjan Behera                ....     opp. party

                                         W.P. (C) No.19096 of 2020

                             Union of India and others        .....    Petitioners

                                                      Vrs.

                             Deepak Kumar Nayak               ....     opp. party

                                  W.P. (C) No.19097 of 2020
                             Union of India and others        .....    Petitioners

                                                      Vrs.

                             Trilochan Malik                  ....     opp. party


03      05.04.2021           These matters are taken up through video conferencing
                     mode.
                             Since the matters arise out of common question of facts
                     and the order challenged in the writ petitions is common, the
                     same are taken up together and the following common order
                     has been passed.
                             Heard Mr. G.Mohanty, learned Central Government
                     counsel for the petitioners.
                             In these writ petitions, the Union of India represented
                     through Secretary (Revenue), Ministry of Finance, New Delhi
Bichi                challenges    the   legality   and   validity   of   the   order   dated
                     02.12.2019 passed by the learned Central Administrative
                     Tribunal, Cuttack Bench, Cuttack in O.A. No.547 of 2013, O.A.
                     No.546 of 2014 and O.A. No.554 of 2014 allowing the
                          //2//




application of the present opp. parties who are the employees of
Income Tax Department.
      On a careful examination of the impugned judgment, it is
revealed that the opp. parties were denied the counting of
principles of minimum service of eligibility for promotion to the
post of Senior Tax Assistants in the D.P.C. for the period of
duty which they discharged in different places in Andhra
Pradesh because of their reverse transfer on bottom seniority
principle. The learned Tribunal has come to a conclusion that
the service rendered by the applicants on transfer on the
bottom seniority principle does not mean that this period will
not be counted as service period for eligibility for promotion by
the D.P.C.
      Hence, we find that there is no merit in the writ petitions.
      Accordingly, the writ petitions, being devoid of merit,
stand dismissed.
      In view of the restrictions due to COVID-19 pandemic,
learned counsel for the parties may utilize the soft copy of this
order available in the High Court's official website or print out
thereof at par with certified copies in the manner prescribed,
vide Court's Notice No.4587 dated 25.03.2020.


                                 .............................
                                   S.K.Mishra, J.

............................. Savitri Ratho, J.