Union Of India & Anr vs Pradip Kumar Kedia Etc

2. The facts very briefly are that the Government of India, Ministry of Law and Justice, Department of Legal Affairs, by advertisement dated 22.01.2005 invited applications for 9 vacancies in the post of Judicial Member and 13 vacancies in the post of Accountant Member in the Income Tax Appellate Tribunal. The advertisement, however, stated that the number of vacancies indicated in the advertisement was only 2 approximate and was liable to increase or decrease due to unexpected circumstances that may occur upto 31.12.2005. On 07.09.2005, one more vacancy arose in the post of Accountant Member of the Income Tax Appellate Tribunal and this took the total number of vacancies in the post of Accountant Member to 14. Against the 9 vacancies in the post of Judicial Member and 14 vacancies in the post of Accountant Member, the Selection Board in its recommendations placed 18 candidates in the main select list, 7 candidates for the post of Judicial Member and 11 candidates for the post of Accountant Member. The Selection Board in its recommendations also placed 2 candidates, namely, Nandan Kumar Jha and B. Krishna Mohan in the wait list for the post of Judicial Member and 2 candidates, namely, P.K. Kedia and Inturi Rama Rao in the wait list for the post of Accountant Member. Out of the 18 selected candidates, 2 candidates selected for the post of Accountant Member were not cleared by the Vigilance Department and the list of 16 remaining candidates was placed before the Appointments Committee of the Union Cabinet on 26.04.2006. The Appointments Committee approved the appointment of all the 16 candidates but directed the Law Ministry to amend the recruitment rules so as to provide for appointment of the members of the Income 3 Tax Appellate Tribunal for a period of two years.

4. In 2008, B. Krishna Mohan, who was placed in the wait list of candidates for the post of Judicial Member and Inturi Rama Rao, who was placed in the wait list of candidates for the post of Accountant Member, filed two separate Original Applications in the Hyderabad Bench of the Central Administrative Tribunal and P.K. Kedia, who was placed in the wait list of candidates for the post of Accountant Member, filed Original Application in the Mumbai Bench of the Central Administrative Tribunal and in all the three Original Applications, the applicants prayed for directions for their appointment. The Union of India filed its reply affidavit before the Central Administrative Tribunal saying that the Appointments Committee has decided that no further appointment of members in the Income Tax Appellate Tribunal will be made until the Income-tax Appellate Tribunal (Recruitment and Conditions of Service) Rules 1963 ( for short 5 `the Rules') are amended. The three Original Applications were transferred to the Principal Bench of the Central Administrative Tribunal and on 31.07.2008, the Principal Bench passed a common order allowing the three Original Applications and directing the Union of India to consider the three wait-listed candidates for filling up the advertised vacancies existing in the posts of Judicial Member and Accountant Member in the unreserved category within eight weeks.

20. We accordingly set aside the impugned judgment of the Delhi High Court and the common judgment of the Central Administrative Tribunal, Principal Bench, in O.A. Nos. 1024 of 2008, 1036 of 2008 and 1037 of 2008 and dismiss the Original Applications. The appeals are allowed, but there shall be no order as to costs.