Order Directing Consideration of Representation for Promotion Eligibility Relaxation to Tax Assistants

The applicants filed the present Original Application challenging a notification dated 06.01.2026, issued by the Department of Personnel and Training (DoPT), RR Division.

This notification agreed to a proposal from the Department of Revenue seeking relaxation in the eligibility service as of 01.01.2026 for promotion consideration during the vacancy year 2026.

The applicants contend that while relaxation in eligibility service was granted for two out of three feeder categories (Executive Assistant or Stenographer Grade-I in level 6, and Executive Assistant or Stenographer Grade-I with combined service in level 6 and level 4) for promotion to the post of Inspector, the third category, Tax Assistants (who are the applicants), was not granted this relaxation.

The applicants submitted a representation dated 15.01.2026 to the Department of Revenue, but no response has been received to date.

Whether Respondent Nos. 1 and 2 should be directed to consider and decide the representation dated 15.01.2026 submitted by the Tax Assistants regarding the non-grant of relaxation in eligibility service for promotion.

Whether the respondents should be directed to take appropriate steps to move a suitable proposal to the Department of Personnel and Training for relaxation in respect of the third feeder category (Tax Assistants), if they decide to do so, in accordance with law.

The court applied the general administrative law principle requiring authorities to consider and decide representations made by aggrieved parties.

It also acknowledged the legal framework governing relaxations in eligibility service for promotions as per Department of Personnel and Training notifications and Recruitment Rules.

The court noted that a notification from the DoPT dated 06.01.2026 granted relaxation in eligibility service for promotion to Inspector for two of the three feeder categories but excluded the third category, Tax Assistants, to which the applicants belong.

The applicants had already submitted a representation to the Department of Revenue seeking this relaxation, but it had not been addressed.

Recognizing the procedural fairness inherent in administrative actions, the court found it appropriate to direct the respondents to consider this outstanding representation.

Furthermore, to ensure that any potential future action by the respondents aligns with legal procedures, the court specified that if the respondents decide to grant relaxation to the third feeder category, they must forward a proposal to the DoPT in accordance with the law.

The court directed Respondent Nos. 1 and 2 to consider and decide the representation dated 15.01.2026 submitted by the applicants by passing a reasoned and speaking order within four weeks from the date of receipt of the order.

Additionally, it was ordered that if the respondents decide to seek relaxation for the third feeder category, they shall take appropriate steps to move a suitable proposal to the Department of Personnel and Training in accordance with law, as expeditiously as possible, and preferably within three months.

The pending MAs also stood disposed of, with no order as to costs.