2016 (7) TMI 1594 - HC - VAT and Sales Tax

Promotion to promitees who are awaiting promotion - HELD THAT - The learned Senior Counsel for the impleaded respondents in W.P.No.17251 of 2016 seeks to persuade us that as a temporary measure, the promotees who are awaiting promotion and may be nearing retirement should be permitted to be promoted against the post of direct recruits. We are afraid that this is something which we cannot permit because this is exactly what has created the controversy in the past. The writ appeals and the writ petitions are disposed off with the direction to the State Government to initially wait for our pronouncement in respect of the writ appeal aforesaid and thereafter, proceed to act in terms aforesaid or begin de nova depending on the fate of the writ appeal - appeal disposed off.

Summary

Issues involved:
Inter se dispute between promotees and direct recruits in the commercial tax department regarding seniority and promotion rights.

Detailed Analysis:

Issue 1: Inter se dispute between promotees and direct recruits
The judgment addresses a long-standing dispute between promotees and direct recruits in the commercial tax department regarding seniority and promotion rights. The State Government's inconsistent stance over the years has contributed to the unresolved nature of this dispute, leading to multiple appeals and writ petitions.

Issue 2: Application of principles set by the Supreme Court
The parties involved in the dispute agree to abide by the principles established by the Hon'ble Supreme Court in Civil Appeal No.1454 of 1987. These principles include considerations such as taking each year as a unit for seniority, determining seniority based on the date of joining, and the proper criterion for fixing inter se seniority when officers commence probation.

Issue 3: Agreement on consent order
The parties unanimously agree on recording a consent order regarding the State Government's approach to the rights of the parties involved, subject to the outcome of a specific appeal. This agreement simplifies the matter and sets a framework for resolving the dispute based on established principles.

Issue 4: Clarification by the State Government
The learned Advocate General representing the State Government clarifies the implementation of the Division Bench order and acknowledges the need to revisit the seniority list following increases in cadre strength. The statement by the Advocate General aims to ensure compliance with court orders and principles laid down by the Supreme Court.

Issue 5: Promotion rights of promotees
The judgment addresses the contention raised by the Senior Counsel for impleaded respondents seeking promotion for promotees nearing retirement against direct recruit posts. The court rejects this proposal, emphasizing the need to avoid controversial promotions that have fueled past disputes.

Conclusion:
The High Court judgment extensively covers the complexities of the inter se dispute between promotees and direct recruits in the commercial tax department. By referencing established principles and agreements among the parties, the judgment aims to provide a framework for resolving the dispute while emphasizing compliance with court orders and principles set by the Supreme Court.