M.M. kumar, J. - (1.) THE instant petition under Article 226 of the Constitution has been filed by the Income Tax Inspectors belonging to the General category, against the orders dated 11.12.2008 (P -6) and 7.5.2009 (P -9) passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity, 'the Tribunal'), in OA No. 519 -PB -2007 and RA No. 24 of 2009 respectively. The Tribunal has issued directions for consideration of the cases of the Income Tax Inspectors belonging to Scheduled Caste category for promotion to the posts of Income Tax Officer on the basis of their 'own merit' resulting in consumption of General category posts as against the roster point promotion, relaxed qualification promotion and other concessions. The necessary consequence is shrinking of General category seats for the inspectors belonging to General category and more posts becoming available to Schedule Caste category. The Tribunal has issued directions for consideration of their cases with effect from 11.6.1995 when 85th amendment of the Constitution came into operation. Sarvshri Jarnail Singh, Balbir Singh and Som Parkash respondent Nos. 1 to 3, who belong to the reserved category of Scheduled Caste, and working as Income Tax Inspectors filed O.A. No. 519 -PB -2007 before the Tribunal with a prayer for quashing circular/order dated 5.7.2007 (P -1). It was vide circular and order dated 5.7.2007 that an eligibility list of Income Tax Inspectors was circulated, who were to be considered for promotion to the cadre of Income Tax Officer for the relevant year 2007 -08, after their clearance by vigilance. The applicant -respondent Nos. 1 to 3 claimed that as a result of the proceedings held by the Departmental Promotion Committees from 1997 to December, 2006, no candidate belonging to Scheduled Caste category was promoted by complying with the rule of reservation. All the Scheduled Caste category candidates who had been promoted were those persons who got promotion on the basis of their own merit cum -seniority and not on account of grant of benefit of reservation. Referring to OM No. 36028/17/2001 Estt. (Res.), dated 11.7.2002 (R -1), the applicant -respondent Nos. 1 to 3 agitated before the Tribunal that they had to be adjusted against unreserved roster points belonging to General category post and then the roster points meant for reserved candidates are required to be filled up from amongst the candidates belonging to reserved categories. In case, this exercise is carried out then applicant -respondent Nos. 1 to 3 were likely to be benefited. Prior to filing of the original application, the applicant -respondent Nos. 1 to 3 sought information regarding proceedings of the DPC for promotion of Income Tax Officers held during the years 1997 to 11.12.2006 as well as copies of the panels. Those were accordingly supplied to them on 11.6.2007 and 25.4.2007 (P -2 and P -3). From the said information the following facts and data is revealed: - Total Strength of ITO working inNorth West Region 322 Name and Total No. of ITO belonging 59*To SC Category working at present [*The list does not include 3 SC category officers who were promoted as own Merit candidates.]
(2.) IT has further been stated by the applicant -respondent Nos. 1 to 3 that as per proceedings of the meeting dated 12.11.2006, the sanctioned strength of ITOs were raised to 329. Against 46 roster points, 62 points were being occupied by candidates belonging to Scheduled Caste category, which also includes 3 SC category officers who were promoted as per their own merit/seniority. In this manner, only 59 SC candidates were working in the department against reserved points, which was in excess of the prescribed quota for SC category. In para 3(ix) of the OA, the applicant -respondent Nos. 1 to 3 have also furnished the detail of candidates who were selected on the basis of their 'own merit' during the period from July 1997 to October 2000. They claimed that out of 42 SC candidates, 20 SC candidates were promoted to the posts of ITO on the basis of their 'own merit' and without granting any relaxation in respect of qualification etc. because they had cleared the ITO Examination with standard prescribed for General category. The applicant -respondent Nos. 1 to 3 also filed representations dated 7.12.2006 (P -4) and 20.7.2007 (P -5) asserting that the SC category candidates who got their promotion as per their own merit must be held to have consumed the posts belonging to General category and promotion of additional SC candidates as per their quota is required to be ordered. In the written statement filed on behalf of the official respondents the stand taken before the Tribunal was that eligibility list of Income Tax Inspectors was prepared by including those candidates who were eligible in terms of the recruitment rules and who were within the zone of consideration. The list included those officials who were having three years of service and who had qualified the Departmental Examination for Income Tax Officers. It has been asserted that there was already excess representation of Scheduled Caste category candidates as against the prescribed roster points and, hence, there was no need to extend the zone of consideration. The concept of 'Own Merit' was introduced in promotion vide O.M. No. 36028/17/ 2001 -Estt.(Res.), dated 11.7.2002 (R -1). Another O.M. No. 36028/17/ 2001 -Estt.(Res.), dated 31.1.2005 (R -2) was issued clarifying that the O.M. dated 11.7.2002 would be effective from the date of its issue. Controverting the claim of the applicant -respondent Nos. 1 to 3, it has been submitted that the reservation has been provided to Scheduled Caste category candidates as per the instructions issued by the Department of Personnel and Training (DoPT).
(3.) IN reply to para 3(ix) of the OA it has been highlighted that out of 20 officials named by the applicant -respondent Nos. 1 to 3, as many as 14 officials were promoted in the DPCs held prior to the issuance of the instructions dated 11.7.2002. For becoming eligible for promotion to the post of Income Tax Officer, the official is required to qualify the Departmental Examination for Income Tax Inspector for confirmation in that cadre. With regard to the officers pointed out by the applicant -respondent Nos. 1 to 3, it has been stated that Smt. Ritu Wariah had qualified the Departmental Examination for Income Tax Inspectors with relaxed standards, therefore, she was not considered as 'own merit' candidate for promotion to the post of Income Tax Officer. The remaining officers, who were promoted in DPCs held subsequent to the issuance of instructions dated 11.7.2002 on the basis of 'own merit', it has been pointed out that they were promoted by extending them the benefit of relaxed standards in qualifying the Departmental Examination as under: - JUDGEMENT_838_ILR(P&H)1_2012.htm 5. It has been submitted that out of 20 candidates who according to the applicant -respondent Nos. 1 to 3 were to be treated as 'own merit' candidates, 14 candidates were promoted in the DPCs, which were held prior to the issuance of instructions dated 11.7.2002 and 6 candidates, who were promoted in DPCs held after issuance of instructions, had availed the benefit of relaxed standards. Therefore, those 20 candidates could not be treated as 'own merit' candidates. In the rejoinder, the applicant -respondent Nos. 1 to 3 urged before the Tribunal that there was a shortage of 46 posts of ITO belonging to SC category up to the date of DPC held on 23.12.2005 and 49 were short in the category of SC at the time of DPC on 9.8.2007 on the basis of post based roster system. According to them, total 430 candidates were promoted to the post of ITO during the years 1996 to 2007. DPC proceedings were held on 23.4.1996, 11.11.1997, 13.11.2000, 18.6.2001, 15.1.2003, 4.12.2003, 15.7.2004, 28.10.2004, 7.4.2005, 4.10.2005, 23.12.2005, 18.7.2006, 11.12.2006 and 9.8.2007. It has also been submitted that a review DPC was held on 10.2.2003 reviewing DPCs held on 11.11.1997, 13.11.2000 and 18.6.2001. Out of 430 candidates promoted to the posts of ITO, 80 candidates belonging to Schedule Caste category were promoted as per their own seniority -cum -fitness and only two SC candidates, namely, Shri Hans Raj and Shri Ram Dass Banga, were promoted as ITOs by giving benefits of relaxed standard following the rule of reservation, as per the DPC held on 23.4.1996.;