In course of examination for appointment of Members of Tribunal, petitioner was placed in waiting list but his appointment was not confirmed and later he had been appointed in his position in waiting list pursuant to directions of Apex Court, ‘in his position in waiting list’. The applicant submitted several representations to consider his notional seniority and consequential benefits from the date of the Selected List.i. e. 22-9 2005 and the same was not considered. The applicant filed application before CAT Bangalore with a prayer inter alia to direct the respondents to consider his representations and to restore his seniority with consequential benefits. On writ the Court held that he shall be entitled for consideration of notional seniority and other consequential benefits and he shall be placed at end of last person appointed in Select List. Thereafter, applicant filed a Misc. Application seeking a clarification that applicant’s name shall be placed in the Select List dated 22-9-2005 and to fix the pay with effect from October 2007, on notional basis. The said Misc. application was disposed of with a clarification that applicant would be eligible to be considered in the first list of selection and the seniority benefits would be granted except the salary for the period which he had not worked. The UOI filed writ petition challenging the order of the CAT. Dismissing the petition the Court held that once applicant has been appointed pursuant to the directions of the Apex Court, ‘in his position in the waiting list’, he shall be entitled for consideration of notional seniority and other consequential benefits. He shall be placed at the end of the last person appointed in the Select List. He shall be entitled for pay only from the date of his assuming charge, which the CAT has rightly granted. Referred Ms. Neelima Shangla Ph.D. Candidate v. State of Haryana (1986) 4 SCC 268.
Induri Rama Rao v. PCIT (2022) 288 Taxman 56 (Karn.)(HC)
S. 255 : Appellate Tribunal-Appointment of Member-Waiting list-Appointed pursuant directions of Apex Court-Shall be entitled for consideration of notional seniority and other consequential benefits-Entitled to pay only from date of his assuming charge. [Art. 32, 226, 227]