Vinay Kumar Yadav vs M/o Finance

1 OA No.173/2017
CENTRAL ADMINISTRATIVE TRIBUNAL,
JAIPUR BENCH, JAIPUR

ORIGINAL APPLICATION No. 173 OF 2017

th
Dated this Monday, the 19 day of October, 2026

CORAM: HON’BLE MS. RANJANA SHAHI, MEMBER (J)
HON’BLE MR. LOK RANJAN, MEMBER (A)

1. Vinay Kumar Yadav, S/o Shri Jai Singh Yadav,
Aged 34 years, By Caste – Yadav,
R/o Q.No.130, Income Tax Colony,
Malviya Nagar, Jaipur.

2. Vikram Jangir S/o Shri Purushottam Lal Jangir,
Aged – 34 years, By Caste – Jangir,
R/o 58/III, C.R. Colony, Jyoti Nagar.

3. Hazari Lal Gurjar S/o Late Shri Natha Ram Gurjar,
Aged, By Caste – Gurjar, R/o 119/III,
Income Tax Colony, Malviya Nagar, Jaipur.

4. Ashutosh S/o Shri Sho Singh, Aged 35 years,
By Caste – Jatav, R/o 36/III, Income Tax Colony,
Malviya Nagar, Jaipur.

5. Ashish Nagpal S/o Shri Harbans Nagpal,
Aged 30 years, By Caste – Arora,
R/o II/128, Income Tax Colony, Jyotii Nagar,
Jaipur.

6. Nattu Lal Meena S/o Shri Badri Narayan Meena,
Aged – 32 years, By Caste – Meena,
R/o 107, Income Tax Colony,
Malviya Nagar, Jaipur.

7. Nand Lal Meena S/o Shri Badri Lal Meena,
Aged 35 years, By Caste – Meena,
R/o B-65, Shiv Shakti Nagar, Model Town,
Malviya Nagar, Jaipur.

8. Amar Singh Yadav, S/o Shri Umrav Lal Yadav,
By Caste – Yadav, Aged,
R/o 194/II, Income Tax Colony,
Malviya Nagar, Jaipur.

9. Amit Kumar Yadav S/o Shri L.R.Yadav,
Aged 37 years, By Caste – Yadav,
R/o II/36, Income Tax Colony,
Malviya Nagar, Jaipur.
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DN: C=IN, O=Central Administrative Tribunal, OU=central administrative
tribunal, PostalCode=302001, L=Jaipur, S=Rajasthan, STREET="Sahakar
Marg, Jaipur, Rajasthan", OID.2.5.4.65=f9c6978f22a7c6d, Phone=
c9127d0032386c6ff6f2dc108496f05e732619225ac1f8243ae98c53d99f7e
KHUSHBOO c4, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c63
9, [email protected], CN=KHUSHBOO MITTAL GUPTA
Reason: I am the author of this document
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2 OA No.173/2017
10. Sumit Tiwari S/o Shri Mahavir Prasad Tiwari,
Aged 34 years, By Caste- Brahmin, R/o III/86,
Income Tax Colony, Malviya Nagar, Jaipur.

11. DeepaRam Dhandey S/o Shri Loona Ram Dhandey,
Aged 37 years, By Caste – Meghwal,
R/o 15/95, Chopasani Housing Board, Jodhpur.

12. Yogesh Kumar Saini S/o Shri Roshan Lal Saini,
Aged 33 years, By Caste – Mali,
R/o Wad No.8, Adhopiya Ki Dhani, Bansur, Alwar.

13. Yashil Dhyani S/o Shri N.K.Dhyani,
Aged 36 years, By Caste – Brahmin,
R/o Q.No.6, Type II, I.T. Colony, Gandhi Nagar,
Chittorgarh.

14. Ajay Kumar Tamoli S/o Shri Jagdeesh Prasad Tamoli,
Aged 36 years, By Caste – Tamoli,
R/o 832, Pragati Nagar, Kotda, Ajmer.

All the applicants are currently working with the Respondent
Department on the post of Income Tax Inspector. - Applicants

(By Advocate Ms. Shardha Mehta proxy counsel for Shri
Punit Singhvi)

Versus

1. Union of India through Chairman,
Central Board of Direct Taxes, North Block,
New Delhi 110 001.

2. The Secretary,
Department of Personnel & Training,
Ministry of Personnel, Public Grievances & Pensions,
Government of India, New Delhi.

3. The Chief Commissioner of Income Tax,
Central Revenue Building, Bhagwan Das Road,
Jaipur. - Respondents

(By Advocate Shri Rajaram Chaudhary)


Reserved on 08.10.2026
Pronounced on 19.10.2026



Page 2 of 4

DN: C=IN, O=Central Administrative Tribunal, OU=central administrative
tribunal, PostalCode=302001, L=Jaipur, S=Rajasthan, STREET="Sahakar
Marg, Jaipur, Rajasthan", OID.2.5.4.65=f9c6978f22a7c6d, Phone=
c9127d0032386c6ff6f2dc108496f05e732619225ac1f8243ae98c53d99f7e
KHUSHBOO c4, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c63
9, [email protected], CN=KHUSHBOO MITTAL GUPTA
Reason: I am the author of this document
MITTAL GUPTA Date: 2026.10.23 13:18:48+05'30'
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3 OA No.173/2017
ORDER
Per: Ms. Ranjana Shahi, Member (J)

The present Original Application has been filed by the
applicants, 14 in number, under Section 19 of the Administrative
Tribunals Act, 1985, seeking the following reliefs :
“8(i). That the entire record pertaining to this case may kindly
be called for and examined.

8(ii). By an appropriate order and direction the impugned
action of the Respondents of not considering the
representations for fixing of seniority in light of the instructions
issued by the DOPT may be declared as void, illegal and
discriminatory.

8(iii). By an appropriate order or direction the Respondents
may be directed to confer seniority upon the Applicants by
counting their length of service for promotion in terms of Office
Memorandum issued by the Respondent Department since the
Applicants are holding (On the date of Absorption) the same or
equivalent grade on regular basis in their old charge and in
terms of the instructions of department of personnel and training
(DoPT) such regular service in the grade shall also be taken
into account in fixing their seniority.

8(iv). Cost of the entire litigation be awarded to the applicant's
favour.

8(v). By an appropriate order or direction any other appropriate
relief to which the applicant is found entitled to may also kindly
be granted in his favour.”

2 . There are 14 applicants in the present Original
Application, and they have annexed the representations individually
filed by them. In the present OA, the first relief sought by them is
directions to the respondents to consider their respective
representations for fixation of their seniority in the light of the
instructions issued by the DoPT.
3. Learned counsel for the applicants has also placed before
us the judgment of the Hon’ble Apex Court in Civil Appeal
No.3792/2019, arising out of SLP(C) No.31728/2018, in the matter of
Page 3 of 4

DN: C=IN, O=Central Administrative Tribunal, OU=central administrative
tribunal, PostalCode=302001, L=Jaipur, S=Rajasthan, STREET="Sahakar
Marg, Jaipur, Rajasthan", OID.2.5.4.65=f9c6978f22a7c6d, Phone=
c9127d0032386c6ff6f2dc108496f05e732619225ac1f8243ae98c53d99f7e
KHUSHBOO c4, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c63
9, [email protected], CN=KHUSHBOO MITTAL GUPTA
Reason: I am the author of this document
MITTAL GUPTA Date: 2026.10.23 13:18:48+05'30'
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4 OA No.173/2017
Pratibha Rani and Others Vs. Union of India and others, decided
on 10.04.2019, which pertains to the issue of whether, in the case of
inter-regional compassionate transfer, the service rendered at the
previous place of posting is liable to be counted at the new place of
posting for the purpose of eligibility for consideration for promotions.
4 . Upon perusing and examining the case in hand, we
consider it appropriate to refrain from commenting upon the facts of
the applicants’ case and the applicability of the aforesaid judgment of
the Hon’ble Apex Court, as any such observations may have a
bearing on the mind of the Competent Authority while considering
their representations. The applicants have sought relief in the
present OA in the light of the DoPT instructions / OMs regarding
fixation of seniority of non-gazetted staffs in cases of inter-charge
transfer.
5 . Accordingly, we direct the respondents to consider the
representations (Annexure A-1) in the light of the contentions and
grounds raised therein and pass a detailed, reasoned and speaking
order within a period of eight weeks from the date of receipt of a
certified copy of this order.
6. The present Original Application stands disposed of with
no order as to costs.
7 . Pending MAs, if any, stand closed.


(Lok Ranjan) (Ranjana Shahi)
Member (A) Member (J)

kmg*
Page 4 of 4

DN: C=IN, O=Central Administrative Tribunal, OU=central administrative
tribunal, PostalCode=302001, L=Jaipur, S=Rajasthan, STREET="Sahakar
Marg, Jaipur, Rajasthan", OID.2.5.4.65=f9c6978f22a7c6d, Phone=
c9127d0032386c6ff6f2dc108496f05e732619225ac1f8243ae98c53d99f7e
KHUSHBOO c4, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c63
9, [email protected], CN=KHUSHBOO MITTAL GUPTA
Reason: I am the author of this document
MITTAL GUPTA Date: 2026.10.23 13:18:48+05'30'
Foxit PDF Reader Version: 2025.1.0