SECRETARY TO GOVERNMENT OF INDIA Vs. SAMUEL THOMAS
LAWS(KER)-2017-10-66
HIGH COURT OF KERALA
Decided on October 23,2017

Secretary To Government Of India Appellant
VERSUS
Samuel Thomas Respondents

JUDGEMENT

D.SESHADRI NAIDU,J. - (1.) The Union of India, represented by its officials, is the appellant; Samuel Thomas, a retired employee in the Income Tax Department, is the sole respondent. The Government of India in this Original Petition assails the order, dated 09/03/2016, in O. A. No. 999 of 2014, passed by the Central Administrative Tribunal, Ernakulam Bench. To be precise, the Government of India assails the direction that Samuel Thomas be given promotion retrospectively - after his superannuation.
(2.) Facts in Brief: Samuel Thomas, a promotee officer, belonged to Group - S Service (conferred Indian Revenue Service - IRS). In 2010, while he was working as a Deputy Commissioner of Income Tax, at Kochi; the Departmental Promotion Committee (DPC) decided to promote certain Deputy Commissioners who include Samuel Thomas, as well, to the post of Joint Commissioner of income tax. It decided to promote those officials based on their seniority as reflected in the "Civil List".
(3.) A group of directly recruited Deputy Commissioners (Direct IRS), belonging to the batches 2002 and 2003, challenged the DPC's decision before a Division Bench of the Central Administrative Tribunal, New Delhi ("the Tribunal"). On reference, the matter eventually reached the Tribunal's Principal (Full) Bench. First, the Tribunal's Division Bench passed an interim order that "the promotions if made during pendency of the OA would be subject to the decision thereof." Later, through its order, dt. 20/09/2010, the Tribunal's Full Bench, as an interim measure, ordered that the DPC might effect the promotions, but the result must be put in sealed cover. Guided by the interim direction, the Department of Revenue, on 30th March, 2011, promoted 295 Deputy Commissioners on an ad hoc basis. But it omitted those who retired in the meanwhile - that is, between 20th September, 2010 and 30th March 2011.;


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