gst 1 wp4289.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 4289 OF 2010. C.Manish..... ...... ....... Petitioner. V/s Union of India & Ors. ...... ....... Respondents. Mr.R.R.Shetty, Adv. For the petitioner. Mr.Om Prakash Jha i/by M/s.Law Point, Adv. For the respondents. CORAM: B.H.MARLAPALLE AND U.D. SALVI, JJ. 2nd December, 2010. PC: We have heard Mr.Shetty, learned counsel for the petitioner who is aggrieved by the judgment and order dated 22.4.10 in OA No.453/04. 2. The petitioner who was holding the post of Income Tax Inspector came to be promoted on ad-hoc basis to the post of Income Tax Officer vide the order dated 9.10.02 and against the vacancy reserved for schedule tribe. Subsequently by an order dated 30.6.04 he came to be reverted and therefore he approached the Tribunal against the order of reversion and claimed that he was otherwise eligible for being promoted to the post of Income Tax Officer on regular basis in the year 2001 itself. 3. The Government of India by its instructions dated 21.2.02 had bifurcated gst 2 wp4289.10.sxw and restructured the cadre of Income Tax Officers and in two years i.e. recruitment year 2000-01 and 2001-2002. It was also directed to hold DPC for both the years and therefore DPC was held on 1st and 2nd April, 2002 in compliance with the instructions issue by the Central Board of Direct Taxes. In the revised panel of 242 officials for recruitment year 2000-01 and similar panel of 98 officers for recruitment year 2001-02, was prepared by the DPC. However the recommendations of DPC could not be implemented as some of the officers had approached the Tribunal in AO No.491/02 and 511/02 and the Tribunal had passed a restraining order on 20.6.02. It is obvious that the petitioner was given promotion on ad-hoc basis after the Tribunal had passed the restraining order on 20.6.02. 4. The petitioner had submitted his representation on 28.2.2003 against the draft seniority list published on 7.2.2003 as he did not find his place in the said list. The said representation was considered and disposed off by Department of Revenue on 21.7.03. Thereafter on 24th, 25th and 29th June, 2004, the DPC was held for the recruitment years 2000-01 to 2003-04 and select panels were prepared. The petitioner did not find his place though his name had appeared in the eligibility list for the recruitment year 2001-02 which was prepared in keeping with the directions issued by the Tribunal on 22.10.03. The Tribunal went through the record and after hearing all the parties concerned and recorded that for the recruitment years 2000-2001 to 2003-04 the select list was drawn by the DPC from amongst the eligible officers who had passed the gst 3 wp4289.10.sxw departmental examination as well. The Tribunal also noted that the officers who were senior to the petitioner were given promotion and he did not name any officer junior to him who was promoted to the post of Income Tax Officer in the recruitment year 2001-02. The Tribunal also noticed that when an officer is promoted on ad-hoc basis he does not have a vested right to continue with the said post and at the time of his reversion he is not required to be heard. On the basis of thee findings, we do not find any reason to interfere in the well reasoned order rendered by the Tribunal. 5. Hence this petition must fail at the threshold and the same is hereby dismissed. (U.D. SALVI, J.) (B.H.MARLAPALLE, J.) gst 4 wp4289.10.sxw