Abhishek Kumar Jha and Manas Ranjan Behera and Amit Biswas and Alok Kumar Dixit and Abhishek Shukla and Mahesh Kumar Meena and Brala Sankar Padhi and Saidulu Naik V. Union of India and Central Board of Direct Taxes and Principal Chief Commissioner of Income Tax, Andhra Pradesh and Telangana and K.R.R.Sari Devi and P.Srinivas Babu and Smt. P.Sridevr and Mr. Srinivas Ir.4unnangi

WP/46146/2022

AI Insights

The case involves a writ petition filed by a group of Income Tax Officers challenging the revised seniority list dated 21.11.2022 and the subsequent order dated 21.12.2022 by the Central Administrative Tribunal (CAT), Hyderabad. The petitioners sought to quash these orders and maintain the seniority list dated 03.12.2015. The main contention was that the CAT's decision to vacate the interim order was unjust and led to promotions and reversions that affected the petitioners' positions. The respondents argued that the petitioners had already been reverted and the promotions had been executed based on the CAT's orders.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 804420 (HC-TELANGANA)
• Appeal Type: Others
• Pronouncement Date: 02-01-2023
• Assessment Year: misc
• Laws Referred To: Article 226 of the Constitution of India
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: B NARASIMHA SHARMA; A RAGHU KUMAR
• Assessee Lawyers: K R K V PRASAD
• Keywords: Central Administrative Tribunal; Certiorari; Certiorari; Income Tax Officers; Seniority list; Writ petition
• Section: 151 CPC

Judgement Text

"[ 3s13 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurasdiction) MONDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE PULLA KARTHIK WRIT PETITION NO:46146 OF 2022 Between: AND 1. Abhishek Kumar Jha, S/o Sri Birendra Nath Jha Aged 39 Years, Presently working as lncome tax Officer, O/o Addl. ClT, Range.g, Hyderabad, Flat No. 405, Serenity Heights, Radha Nagar, Suncity, Bandalguda Jagir, RR Dist, Hyderabad-500086 2. Manas Ranjan Behera, S/o Late Bidyadhar Behera, Aged 43 Years, Presently working as lncome tax Officer, O/o Pr. CCIT, AP and TS,D-8, lncome tax Quarters, Road No. 12, Banjara Hills, Hyderabad -500034 3. Amit Eiswas, S/o Sri Manoranjan Biswas, Aged 44 Years, Presently working as lncome tax Officer, O/o Pr. CIT-4, Hyderabad FIat No. 305, Serenity Heights, Radha Nagar, Suncrty, Bandalguda Jagir,RR Dist, Hyderabad- 500086 4. Alok Kumar Dixit, S/o Sri Shiv Prakash Dixit, Aged 36 Years, Presently working as lncome tax Officer, 0/o Addl. C|T(judicial),Hyderabad,83D, GPRA Campus, Gachibowli, Hyderabad-500032 5. Abhishek Shukla, S/o Sri H.P. Shukla, Aged 40 Years, Presently working as lncome tax Officer, O/o Addl. CIT(AU)-1(1), Hyderabad, Flat No. 503, Unity Heights,Road No. 15, Alkapoor Township, Puppalguda, Manikonda, Hyderabad-500089 6. Mahesh Kumar Meena, S/o Sri Moti Lal Meena Aged 36 years, Presently working as lncome tax Officer,0/o Pr. CCIT, AP and TS,Flat No. 303, Unity Heights, Road No. 15, Alkapur Township,Manikonda, K.V. Rangareddy, Hyderabad-500089 7. Brala Sankar Padhi, S/o Braja Kishore Padi Aged 37 years, Presently working as lncome tax Officer, 0/o Addl. ClTfiudicial),Hyderabad,D-19, lncome tax Quarters, Road No. 12, Baniara Hills, Hyderabad- 500034. 8. Saidulu Naik, , S/o Vali Naik P,Aged 36 years, Presently working as lncome tax Officer, O/o Pr- CCIT, AP and TS, 15-35, Amrutha Colony, Swaroop Nagar, Uppar, Hyderabad- 500039 ...pETt.oNERs 1. Union of lndia, represented by The Secretary, Government of lndia, Ministry of Finance, Dept., of Revenue, Central Board of Direct Taxes, No(h Block, New Delhi-1 10 001 . 2. The Chairman, , Central Board of Drrect Taxes, Government of lndia, Ministry of Finance, Dept. of Revenue, North Block, New Delhi-110 00'1. 3. The Principal Chief Commissioner of lncome Tax, , Andhra Pradesh and Telangana, 1oth Floor, Income Tax Towers, A.C.Guards, Hyderabad-Soo 004 I I I i I il2il 4. K.R.R.Sari Devi, , lncome Tax Officer, Ward-|, Eluru. 5. P.Srinivas Babu, ,lncome Tax Officer (HORS) 0/o.Principal CIT-1, Hyderabad. 6. Smt. P.Sridevr, ,lncome Tax lnspector, O/o ACIT (AU)-4(2)(1), Hyderabad. 7. Mr. Srinivas lr.4unnangi, ,lncome Tax lnspector, O/o Addl. CIT (Central Range)- Hyderabad ...RES'.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Certiorari by calling for the order daled 21.12.2022 in O.A.No.788 ol 2022 on lhe file of the Central Administrative Tribunal, Hyderabad along with letter dated 26.10.2021 and Seniority List dated 21.11.2022 circulated by the Respondent No.3 vide Memorandum dated 21.11.2022. and set aside and quash the said order dated 21 .12.2022 and the seniority list dated 21.11.2022 to the extent of seniority of lnspector of lncome Tax and direct the respondent department to continue and maintain the seniority list dated 03.12.2015 of lncome Tax lnspectors and grant all consequential benefits. lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of revised seniority list of lncome Tax lnspectors dated 21.11.2022. Counsel for the Petitioners: SRl. K.R.K.V. PRASAD Counsel for the Respondent Nos.1 to 3: SRI B. NARASIMHA SHARMA (sc FoR uPsc DELH|) Counsel for the Respondent Nos.4to 6: NONE APPEARED Counsel for the Respondent No.7: Dr. A. RAGHU KUMAR The Court made the following: ORDER THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE PULLA KARTHIK Writ Petition No.46146 of 2022 ORDER: (Per Hon'ble Si Justice Abhinqnd Kumar Shavili) This writ petition is filed seeking the follou,ing relief: '. .. ro issue a Wil, Order or direction more particularlg one in the nature of Certiorai bg calling for the order dated 21.12.2022 in O.A.No.788 of 2022 on the file of the Central Administratiue Tribunal, Hgderabad along u.tith letter dated 26.10.2021 and Senioitg List doted 21.11.2022 circalated by the Respondent No.3 uide Memorandum dated 21.11. 2022; and set aside and qua.sh the said order d.ated 21.12. 2O22 and the senioritg ltst dated 21.11.2022 to the ertent of senioitg of Inspector of Income Tax and direct the respondent department to continue and maintain the senioritg list dated 03.12.2015 of Income Tax Inspectors and grant all con-sequential benefits and to pass...' 2. Heard learned counsel for the petitioners and learned counsel for the oflicial and contesting respondents. 2. karned counsel for the petitioners contended the Central Administrative Tribunal (for short the Tribunal) has vacated the interim order granted in O.A.No.7BB of 2022 dated 30.11.2022 vide orders dated 21.12.2022 with-out appreciating the fact that the said seniority list cannot be unsettled. karned counsel further contended 2 AKS,J & PK,J wp 46146 af )a)) that the Tribunal ought not to have vacated the interim order which was granted in favor of the petitioners earlier. Therefore, appropriate orders be passed in the writ petition by suspending orders of the Tribunal vacating interim orders in O.A.No.78B of 2022 dated 30. 1 1.2022 vide orders dated 21,12.2022. 3. Learned corrnsel appearing lor the official respondents and contesting respondents have informed the Court that in pursuance to the vacation of interim order granted in favor of the petitioner, the promotions have been undertaken and the petitioners were already issued reversion orders ald the orders of the Tribunal in vacating the interim orders have been worked out and consequential proceedings were also issueci. If the petitioners have aggrieved, they must challenge the specilic orders issued by the respondents. 5. This Court having considered the rival submissions made by the parties is of the considered view, that the orders passed by the Tribunal in vacating the interim order in O.A.No.788 of 2022 dated 30.11.2022 vide orclers dated 21,12.2022 have been worked out and petition does not survive and accordingly the ,rit petition is closed. l consequential pro,:eedings were also issued and the cause in the writ However, liberty is granted to the petitioner to challenge the ' 1 ' i ! 3 AKS,] & PK,J w?_46146 of 2022 consequential orders issued by the official respondents, consequent upon the vacation of the interim order. 6. With these observations, the writ petition is closed. 7. As a sequel, miscellaneous petitions pending if any in these Writ Petitions, shall stand closed. SD/-K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// €D SECTION OFFICER To, 1. 2. ? 4. CHR One CC to SRl. K.R.K.V. PRASAD Advocate [OPUC] One CC to SRl. B. NARASIMHA SHARMA (SC FOR UPSC DELHI) [OPUC] One CC to Dr. A. RAGHU KUMAR, Advocate IOPUC] Two CD Copies SW }-- I HIGH COURT DATED:0210112023 ORDER W.P.No.46146 of 2022 CLOSING THE WRIT PETITION WITHOUT COSTS o L) t 3 tts ?$21 q \", ffitr.--*^ @x# "