2023 (12) TMI 816 - SCH - Income Tax

Appointment to the post of Income Tax Inspectors - Appointment against Sports Quota vacancy - HELD THAT - Income Tax Department is willing to appoint the petitioner against the Sports Quota vacancy but, she has to produce an unconditional No Objection Certificate (for short NOC ) from her present employer, i.e., The Central Railways. It is also clarified that the appointment to be given, will be on prospective basis. The petitioner is represented by Mr. V. Chitambaresh, learned senior counsel submits that the petitioner would furnish the unconditional NOC from her current employer. She is also prepared to accept the appointment as an Income Tax Inspector, on prospective basis. Taking note of the above submissions from the learned senior counsel representing both sides, we deem it appropriate to pass the following order (i) The petitioner is granted four weeks time to produce the NOC, from her current employer. (ii) Immediately after the NOC is produced before the Principal Chief Commissioner of Income Tax(CCA), HQ Kochi, Kerala, the appointment order will be issued appointing the petitioner as an Income Tax Inspector under Sports Quota. (iii) The appointment will be on prospective basis. With the above order, the Special Leave Petitions are allowed. Pending application(s), if any, shall also stand disposed of.

Summary

Issues involved:
The judgment deals with the issue of appointment against Sports Quota vacancy in the Income Tax Department, specifically regarding the requirement of producing an unconditional No Objection Certificate (NOC) from the current employer, The Central Railways, by the petitioner.

Appointment against Sports Quota Vacancy:
The Income Tax Department expressed willingness to appoint the petitioner against the Sports Quota vacancy, subject to the condition of producing an unconditional NOC from her current employer, The Central Railways. The appointment offered would be on a prospective basis.

Submission by Petitioner's Counsel:
The petitioner, represented by Mr. V. Chitambaresh, acknowledged the requirement of furnishing the unconditional NOC from her current employer. She expressed readiness to accept the appointment as an Income Tax Inspector on a prospective basis.

Court Order:
Considering the submissions from both sides, the Court granted the petitioner four weeks' time to produce the NOC from her current employer. Upon the production of the NOC before the Principal Chief Commissioner of Income Tax (CCA), HQ Kochi, Kerala, the appointment order would be issued appointing the petitioner as an Income Tax Inspector under the Sports Quota. The appointment was specified to be on a prospective basis.

Conclusion:
In conclusion, the Special Leave Petitions were allowed by the Court, and any pending applications were also disposed of in light of the order issued regarding the appointment against the Sports Quota vacancy in the Income Tax Department.