None for the applicant.

     We have perused the pleadings and the documents annexed thereto and find that the grievance of the applicant against the respondents in this OA is as to not promoting him to the grade of Tax Assistant w.e.f. the date on which his juniors namely the respondent Nos.4 & 5 herein were promoted.

      By way of this OA, the applicant is seeking a direction to the official respondents to grant him promotion to the grade of Senior Tax Assistant w.e.f. 04-8-2014 and to grant him consequential seniority in the said grade and to interpolate his name in the seniority list pertaining to the grade of Senior Tax Assistant. As a consequence thereof, he seeks a further direction to the official respondents to conduct a review DPC for consideration of his case for promotion to the post of Inspector w.e.f. 31-3-2017 i.e. the date on which the respondent Nos.4 & 5 were promoted to the grade of Inspector.

      By the order bearing No.II/34-01/Estt./CCO/2015 dated 18-01-2017 vide Annexure A-1, the respondents have rejected the claim of the applicant for promotion to the grade of Inspector on the ground that he did not fulfill the eligibility criteria prescribed in the Recruitment Rules for promotion to the grade of Inspector.

      In view of the facts stated and the nature of the relief sought in the OA, the respondents are required to furnish the information relating to the following aspects without fail by the next date of hearing.  They are required to confirm whether any of the following can be disputed :  

(i)   The applicant entered into service as a Tax Assistant on 10-02-2012 by way of direct recruitment; 

(ii)   His probation was declared w.e.f. 09-02-2014;

(iii)  In the seniority list of Tax Assistant, as on 01-01-2014, vide Annexure A-2 , the applicant is placed at Sl. No.105 whereas the respondent Nos.4 & 5 were shown as juniors respectively at Sl. Nos.141 and 252;

(iv)  The respondent Nos.4 & 5 came to the Gujarat Region respectively 04-05-2013 and 05-02-2014;  

(v) In the Establishment Order No.85/2014 dated 04-08-2014 vide Annexure A-3, the respondents Nos.4 & 5 were promoted to the grade of Senior Tax Assistant;

(vi) By the Establishment Order No.06/2016, dated 21-1-2016, the applicant was promoted to the grade of Senior Tax Assistant w.e.f 21-1-2016;

(vii) By the representation dated 26-2-2015 vide Annexure A-7, the applicant has requested the official respondents to grant him promotion with retrospective effect to the grade of Senior Tax Assistant w.e.f. 01-4-2015 and to place him in the seniority list, over and above of one Shri Koyabhai K Damon;  

(viii)    In the list of official who are eligible to be considered for promotion to the grade of Inspector as on 01-4-2017, the respondent Nos.4 & 5 were placed at Sl. No.88 and 89 whereas the applicant does not figure in the said eligibility list;

(ix) By the Establishment Order No.36/2017 dated 31-3-2017, the respondent Nos.4 & 5 were promoted to the grade of Inspector and their names find place respectively at Sl. No. 93 and 94.

(x)    The Rules called Central Excise and Customs Department Senior Tax Assistant (Group 'C' posts) Recruitment Rules, 2003 provides that if a junior person is considered for promotion on the basis of the his completing the prescribed qualifying period of service in that grade, all persons senior to him in the grade shall also be considered for promotion, notwithstanding,  that they may not have rendered the prescribed qualifying period of service in that grade, but have completed successfully the prescribed period of probation.  

       The respondents have to clarify as to why the request of the applicant for promotion to the grade of Senior Tax Assistant and Inspector of Excise shall not be considered and to grant promotion on par with Respondent Nos.4 & 5, in view of the fact that the respondent Nos.4 & 5 having come to Gujarat Region respectively on 04-05-2013 and 05-02-2014 by way of Inter Commissionerate Transfer, i.e. subsequent to the date on which the applicant entered into service in the Grade of Tax Assistant and were promoted to the grade of Senior Tax Assistant on 04-8-2014.

       Respondents are further directed to clarify as to why they did not invoke the "Note" mentioned in the said rules and grant promotion to the applicant to the grade of Senior Tax Assistant and Inspector in view of the fact that the respondent Nos.4 & 5 are juniors to the applicant.  

   The respondents are also required to answer as to why in terms of the "Note" in the rule called Central Excise and Land Customs Department Inspector (Group 'C' posts) Recruitment Rules, 2002, the applicant shall not be promoted to the grade of Inspector w.e.f. 31-3-2017 i.e. with effect from the date on which the respondent Nos. 4 & 5 were promoted to the said grade.  

   Registry is directed to issue emergency notice to the respondents returnable by 04-5-2017.  

   Registry is also directed to forward a copy of this order to the respondents through e-mail.

       In exercise of the powers conferred upon the Tribunal under sub-rule (4) of Rule 11 of the CAT (Procedure) Rules, 1987, we direct Ms. Prachi Upadhyay, learned ACGSC to take notice on behalf of the respondents and to see that the appropriate steps may be taken to comply with the above order by the next date of hearing.  

     The Registry is directed to furnish a copy of this order to Ms. Prachi Upadhyay so as to enable her to report compliance of this order. 

         Call on 04-5-2017.