Senior Tax Assistant of Income-tax,
(Direct Recruit LDC-Batch 1993)
SSC Rank –SLY/00495/1993
Date : 05/02/2013
The Addl. CIT(HQ)(Pers.)
3rd Floor, Aayakar Bhawan,
Sub: Request for revision of Seniority List of Pre Restructuring LDC
in view of Apex Court order dated 27.11.2012 in
CIVIL APPEAL Nos. 7514-7515 of 2005, 3876-3880 of 2007
& CIVIL APPEAL No. 7516 of 2005. – reg.
Kindly refer to the above.
2.With reference, it is submitted that I had joined Income Tax Department as LDC on 10.7.1995, after recruitment through Staff Selection Commission (SSC) exam-1993. SSC had issued the notification in 1993. However, fixing my seniority I have been put in the seniority list of R.Y. 1995-96 instead of relevant recruitment year i.e.1993.
3.Since long, the seniority matter of the Direct Recruit Inspectors/UDC/LDC viz-a-viz Promotees has been in the courts & CATs and finally on various civil appeals, the Hon’ble Supreme Court of India vide its order dated 27.11.2012 in the case of Union of India & Ors. Vs N R Parmar & Ors. (Civil Appeal Nos. 7514-7515 of 2005) has declined the claim of the Promotees that the Direct Recruit Income Tax Inspector/UDC/LDC should be assigned seniority with reference to the date of their actual appointment to the Department. Hence, the Direct Recruit LDC have to be interspaced with the promotees of the same recruitment year i.e. in my case it is 1993. The said order is available in the public domain.
4.I would like to draw your kind attention towards Para 9 and 10 of the judgement which is reproduced as under :
“----------9As far as direct recruits are concerned, the crucial date on which they have to be considered will be the date when the Staff Selection Commission makes the selection of direct recruits. It would...