CAT notice on pleas for quota in promotion for SC, ST employees

The Chandigarh Bench of the Central Administrative Tribunal (CAT) has issued notices to Principal Chief Commissioner of Income Tax, (North-West Region), Chandigarh, and Secretary, Department of Revenue, Ministry of Finance, and others on the applications of SC and ST category employees for allegedly not providing them reservation in promotion.

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The tribunal in the order passed today said that any promotion order passed at the department promotion committee (DPC) meeting held on December 24 for the post of income tax officer and income tax inspector shall be subject to the final outcome of the applications.

The employees said that the action of the respondents in not providing them reservation in promotion was illegal, arbitrary and discriminatory and the same deserves to be quashed and set aside. They further said that the benefit of promotion was already being provided by 17 other regional offices of the Income Tax Department, except here.

They said that applicants were entitled to promotion to the post of income tax officer and inspectors against the backlog vacancy for SC/STs from due dates by conducting review DPC meetings along with all consequential benefits like arrears of pay and allowances with interest from due date till the actual date of payment was made.

They argued that the respondents had failed to consider and appreciate that the orders of the apex court dated January 28, 2022, was binding on all courts and ministries. Even the respondents are ignoring the direction issued by the Department of Personnel from time to time in this regard.

They further said that not clearing the backlog posts of SC/ST and other categories in all cadres/groups in the respondent department and not implementing the roster point system while making promotions to various posts, including promotion to the post of inspectors was arbitrary, illegal, discriminatory, unconstitutional and unsustainable in the eyes of law.

After hearing the arguments, the tribunal said that the promotion order issued after a DPC meeting held on December 24 for the post of inspector shall be subject to the final outcome of this application. The tribunal has listed the hearing for January 7.