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TMI Blog2022 (12) TMI 960X X X X Extracts X X X X X X X X Extracts X X X X ..... e is entitled to be placed at the end of the list of candidates in the Select List who have joined the service. Once applicant has been appointed pursuant to the directions of the Apex Court, in his position in the waiting list , he shall be entitled for consideration of notional seniority and other consequential benefits. He shall be placed at the end of the last person appointed in the Select List. He shall be entitled for pay only from the date of his assuming charge, which the CAT has rightly granted. Petition dismissed. - WRIT PETITION No.51545 OF 2019 C/W WRIT PETITION No.868 OF 2021 (S-CAT) - - - Dated:- 6-5-2022 - THE HON BLE MR. JUSTICE P.S. DINESH KUMAR AND THE HON BLE MRS. JUSTICE M.G. UMA PETITIONERS (BY SHRI. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 appointments of Accountant Members and instructed the Law Ministry to amend the recruitment rules for making further appointments to the ITAT. 5. The Revenue Bar Association filed W.P. No.8288/2007 before Madras High Court, seeking a direction to implement the Select List dated 22.09.2005 and the Madras High Court issued the said direction. The said order was challenged in SLP(C)No. 13681/2007 and the same was dismissed vide order dated August 17, 2007. 6. Applicant and another wait-listed candidate Shri. B. Krishna Mohan approached the CAT, Hyderabad and another candidate by name Shri. P.K. Kedia, wait-listed for Accountant Member also filed an O.A. before CAT, Mumbai. All three cases were heard by the CAT, Principal Bench, Delhi a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... seniority with consequential benefits. The CAT vide order passed in the O.A., has held that the applicant is eligible to be kept in the seniority and he shall be placed in the select position after the last person was appointed in the Selection List. Thereafter, applicant filed a Misc. application seeking a clarification that petitioner s name shall be placed in the Select List dated 22.09.2005 between Shri. Vijay Paul Rao, Judicial Member and Shri. George George K., Judicial Member and to fix the pay with effect from October 2007, on notional basis. The said Misc. application has been disposed of with a clarification that applicant would be eligible to be considered in the first list of selection and the seniority benefits would be grante ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arefully considered rival contentions and perused the records. 13. Undisputed facts of the case are, applicant s candidature was kept in the wait-list. His specific case is that though the ACC had directed to amend the 1963 Rules, respondents were making appointments to the post of Member, ITAT. Hence, he filed a writ petition under Article 32 of the Constitution of India. A copy of the order in W.P.(C) No.202/2013 dated September 23, 2014 is placed on record as Annexure-A4. The prayer made in the said writ petition is, inter alia for a direction against Union of India and others to appoint applicant as an Accountant Member of ITAT in lieu of selections already made and/or to issue appropriate order for enforcement of its order dated Sep ..... X X X X Extracts X X X X X X X X Extracts X X X X
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