IN THE HIGH COURT OF JUDICATURE AT BOMBAY
\nO.O.C.J.
\nWRIT PETITION NO. 2873 OF 2018
\nAll India Federation of Tax Practitioners &
\nAnr. .. Petitioners
\nVersus
\nUnion of India & Ors. .. Respondents
\n……………….
\n\uf0b7 Dr. K. Shivaram, Sr. Advocate a\/w Mr. Sashank Dondu and Ms.
\nNeelam Jadhav for the Petitioners
\n\uf0b7 Mr. Anil C. Singh, ASG a\/w Mr. Dharmesh Joshi & Mr. D.P. Singh
\nfor the Respondents
\n……………….
\nCORAM : AKIL KURESHI &
\nS.J. KATHAWALLA, JJ.
\nDATE : AUGUST 27, 2019.
\nP.C.:<\/p>\n
1. The petition is filed by All India Federation of Tax
\nPractitioners. Their grievance is that on account of the
\nDepartment not filling up various administrative posts in
\ndifferent benches of the Income Tax Appellate Tribunal, the
\nwork of such Tribunals has seriously hampered. The prayer
\nis, therefore, made for directing the respondents to recruit
\nrequisite number of Deputy Registrars and Assistant
\nRegistrars of the Income Tax Appellate Tribunal.<\/p>\n
2. At our instance, the respondents had filed an affidavit
\nsworn in August 2019 in which it is pointed out that presently
\nthere are 26 posts of Assistant Registrars in Income Tax
\nAppellate Tribunal. Mode of filling up these posts are 50% by
\npromotion and 50% by direct recruitment. It is stated that
\nagainst the promotion quota, 8 posts are filled up, however,
\nthere are no further eligible candidates for promotion in the
\nfeeder cadre. It is stated that 3 posts of direct recruitment
\nquota are filled up. The proposal is made for filling up
\nremaining posts of Assistant Registrars by direct
\nrecruitment.<\/p>\n
With respect to the posts of Deputy Registrars, it is
\nstated that there are 7 sanctioned posts for which 6 were
\nrecommended for promotion, however, on account of
\nretirements and refusal to accept promotion, presently only
\n2 posts could be filled up. Here is also the proposal is
\npending for filling up the posts in accordance with rules.<\/p>\n
3. The petitioner’s grievance that the work of important
\nTribunal like Income Tax Appellate Tribunal should not be
\nallowed to suffer on account of shortage of administrative
\nstaff is perfectly legitimate, however, we do not find any
\nlethargy on the part of the Department in not filing up said
\nposts. Under these circumstances, we would expect the
\nDepartment to follow up the proposals to fill up the posts of
\nAssistant Registrars in such quota as well as for issuing
\npromotions for the posts of Deputy Registrars so that all
\nthese pots to the extent possible can be filled up at the
\nearliest. With these observations and direction, Writ Petition
\nis disposed of.
\n[ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]<\/p>\n","protected":false},"excerpt":{"rendered":"
The petitioner’s grievance that the work of important Tribunal like Income Tax Appellate Tribunal should not be allowed to suffer on account of shortage of administrative staff is perfectly legitimate, however, we do not find any lethargy on the part of the Department in not filing up said posts. Under these circumstances, we would expect the Department to follow up the proposals to fill up the posts of Assistant Registrars in such quota as well as for issuing promotions for the posts of Deputy Registrars so that all these pots to the extent possible can be filled up at the earliest.<\/p>\n