RAJESH K GUPTA S/O SHRI D C GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) AS the question involved for consideration & determination is same in this bunch of cases, we propose to decide them by this common order. For brevity, facts are delineated from OA No. 1284/2006.

(2.) The basic challenge has been made to order No. 69 of 2006 dated 31st May, 2006 of CBDT, Department of Revenue, Ministry of Finance, vide which a large number of officials in the grades of Additional/Joint Commissioners of Income Tax have been posted/transferred from one region to another region. The primary contention raised has been that applicants had not completed 8 years in Class 'A' station either in Delhi or in Mumbai. Transfers of Group 'A' officials including the level of Commissioner is governed by the Transfer/Posting Policy notified by the Respondents in the year 2005 known as "Transfer/Placement Policy for Group 'A' Officers of the Indian Revenue Service, Central Board of Director Taxes - 2005". According to applicants, impugned transfer/posting order is not in consonance with aforesaid Policy, rather same has been issued in complete derogation and in violation of said Policy.

(3.) SHRI P.P. Khurana, Learned Sr. Counsel for applicant contended that the issue raised in the present bunch of cases being no longer res integra, all the OAs are required to be allowed following the aforesaid judgment, which has been opposed by SHRI R. Venkataramani, Ld. Sr. Counsel appearing for Respondents, stating that applicants in OAs Nos. 1622/2006, 1680/2006, 1991/2006, 1992/2006, 1993/2006 and 2059/2006 having already joined the new places of posting even prior to institution of said cases & therefore, they are not at par with applicants in rest of 3 cases, namely OA Nos. 1284/2006 1285/2006 and 1286/2006. As far as discussion on the aforesaid Policy and transfer order dated 31.05.2006 is concerned, learned Counsel for Respondents stated that Tribunal may, in the given circumstances, have two options either to await the decision of the Government on implementation of Tribunal's order dated 13.10.2006 and defer the orders or take appropriate view in the matter.