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TMI Blog2020 (1) TMI 1567X X X X Extracts X X X X X X X X Extracts X X X X ..... tion impugning the order dated 07.02.2018 in rejecting their application seeking following order/direction: "a. Quash/set aside the three orders each dated 19.10.2015 and each bearing common No.F.No.A-35015/42/2015-Ad.VI produced as Annexure-A19, A20 & A21. b. Direct the respondents to grant applicants pro-forma/notional promotion to the post of Principal Commissioners of Income Tax and consequential retirement benefits as per ACC list dated 30.01.2015 Annexure-A5 for the panel year 2013-14 from 31.05.2014, when the posts were created as per CBDT Notification- Annexure-A4." 2. The records would indicate that the aforesaid applications were filed by the petitioners herein relying upon an order passed by the Tribunal in OA No.170/01698 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra and as such they were in consideration zone for the panel year 2013-14. 4. It is in this background, their names were considered by the Appointments Committee of the Cabinet ('ACC' for short) for promotion to the post of Principal Commissioner of Income Tax where the name of the 1st petitioner-Anuradha Goyal was shown at Sl.No.11, 2nd petitioner-Pravin Kishore Prasad at Sl.No.27 and 3rd petitioner-Satish Goyal at Sl.No.38 (which is shown as Satish Chand Goyal) vide Annexure-A5 dated 30.01.2015. It is also relevant to mention that the applicant in earlier application D.B. Manival Raju is shown at Sl.No.97 in the said list. Admittedly, all these four persons were retired much earlier from the date of preparation of the said list on 30.01. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision was taken, the applicants were still in service and they were in consideration zone, however meeting of the ACC was not scheduled till 30.01.2015. In fact, list of the Officers who were under consideration zone for the panel year 2013-14 was prepared vide office order dated 30.01.2015 in No.18/25/2014-EO(SM.II). The same would indicate the name of all the petitioners and D.B. Manival Raju as stated supra. After looking into aforesaid document, the Tribunal had considered notional promotion to D.B. Manival Raju in the application filed by him. 7. However, in the subsequent proceedings initiated by the petitioners, the Tribunal has ignored to look into its own earlier order; also the reasoning assigned by the Tribunal to consider t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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