Services in previous region count for promotion eligibility post-inter-charge transfer.

The applicant, Girish PR, joined service as a Tax Assistant (TA) in the Income Tax Department, Chennai Region, on November 16, 2012.

He was transferred to the Karnataka & Goa Region on March 9, 2020, and reported for duty in Bangalore on March 16, 2020.

The applicant asserts that he completed the qualifying service of three years as a TA by November 15, 2015, making him eligible for promotion as an Inspector.

However, in the Departmental Promotion Committee (DPC) held on January 1, 2021, his name was not considered for promotion to Inspector.

He filed a representation on February 3, 2022, which was unsuccessful, leading to the initiation of this Original Application (OA).

The respondents acknowledge that the order in Pradipta Das, supra, has been implemented following the dismissal of Writ Petition No. 8486/2021 by the Hon’ble High Court of Karnataka in an identical case.

A writ petition (No. 20954/2024) is pending before the Hon'ble High Court of Karnataka regarding consequential benefits in a similar case (Ms. Hena Kausar).

Whether the respondents should be directed to conduct a review DPC and consider the applicant for promotion as Inspector from January 1, 2021, with all consequential benefits, counting service rendered in a previous region prior to inter-charge transfer?

Whether the issue of consequential benefits, specifically arrears of pay for retrospective promotion, should be kept open pending the outcome of related litigation?

The court primarily relied on the legal precedent established by the Hon’ble Apex Court in Pratibha Rani and Ors. Vs. Union of India and Ors. (Civil Appeal No. 3792-3793/2019, DD: 10.04.2019), which held that service rendered in a previous region prior to transfer on compassionate grounds must be counted towards eligibility for promotion.

The Tribunal also acknowledged its own prior order in Pradipta Das vs. Union of India and Ors. (OA No. 446/2021, dated 22.04.2024), which supported similar claims for promotion and awarded consequential benefits.

Conversely, the Tribunal noted its decision in OA No. 352/2024 (dated 13.02.2025), which denied claims for arrears of pay from the date of retrospective promotion.

The Tribunal found that the core issue regarding the counting of service from a previous region for promotion eligibility is "no more res integra" due to the clear pronouncement by the Hon'ble Apex Court in Pratibha Rani, supra.

This precedent dictates that the applicant's service as a Tax Assistant in the Chennai Region should be factored into his eligibility for promotion to Inspector in the Karnataka & Goa Region.

The respondents' argument that the Pratibha Rani judgment was accepted on an "in personam" basis was acknowledged but did not alter the binding nature of the legal principle established.

The Tribunal also noted that its previous order in Pradipta Das, which granted consequential benefits, had been implemented, further reinforcing the applicant's claim for a review DPC.

However, the issue of "consequential benefits," particularly monetary arrears, was complex, with conflicting Tribunal decisions and pending High Court litigation (Writ Petition No. 20954/2024 related to Hena Kausar).

Therefore, while the main issue of promotion eligibility was settled, the specific relief of consequential benefits awaited clarity from higher judicial pronouncements.

This exercise is to be completed within three months from the date of receipt of the certified copy of the order.

However, the issue of consequential benefits was expressly kept open, subject to the result of Writ Petition No. 20954/2024 pending before the Hon’ble High Court of Karnataka.

The OA stands disposed of accordingly, with no order as to costs.