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2025 DAILYLAW 55168 (KAR)

VIVEKESHWAR SHARAN VARSHNEY v. UNION OF INDIA

WP/7977/2025 · 2025-08-22

K V Aravind, S G Pandit

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 7977 OF 2025 (S-CAT) BETWEEN: 1. VIVEKESHWAR SHARAN VARSHNEY AGED ABOUT 45 YEARS, S/O SHRI DEVI SHARAN GUPTA, INCOME TAX OFFICER (HQ) O/O PR.CIT-3, BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 2. SAMIR SINGH, AGED ABOUT 45 YEARS, S/O SRI BHANU DUTT SINGH, INCOME TAX OFFICER (TDS), WARD- 2(3), HMT BHAVAN, BELLARY ROAD, BENGALURU-560032. 3. DEEPAK CHANDOLA, AGED ABOUT 44 YEARS, S/O SRI CHITRAMANI CHANDOLA, INCOME TAX OFFICER, WARD-4(2)3, BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 4. ANIL KUMAR, AGED ABOUT 42 YEARS, S/O SRI SIVANANDAN KUMAR SINHA, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 INCOME TAX OFFICER (IT), WARD-2(1), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 5. SANJEEV KUMAR AGED ABOUT 42 YEARS, S/O LATE SRI OM PRAKASH JALAN, INCOME TAX OFFICER (UNDER DEPUTATION), A 202, A BLOCK, UNIQUE CONCORD APARTMENT, DEVI NAGAR MAIN ROAD, TATA NAGAR, BENGALURU-560094. 6. NEERAJ AGARWAL, AGED ABOUT 42 YEARS, S/O SRI ARUN AGARWAL, INCOME TAX OFFICER (IT), WARD-1(2), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 7. ABHISHEK PANDEY, AGED ABOUT 43 YEARS, S/O SRI DESHDEEPAK PANDEY, INCOME TAX OFFICER (EXEMPTION), WARD-1, UNITY BUILDING, BENGALURU, 560002. 8. VIKAS CHANDRA, AGED ABOUT 44 YEARS, S/O SRI RAMACHANDRA PRASAD, INCOME TAX OFFICER (INV.), UNIT-3(1), CENTRAL REVENUE BUILDING(ANNEXE), BENGLURU - 560045. 9. SUNIL KUMAR YADAV, AGED ABOUT 45 YEARS, S/O SRI RAM KUMAR YADAV, INCOME TAX OFFICER (AU)-2(3)(3), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. - 3 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 10. KRISHNA KUMAR AGED ABOUT 44 YEARS, S/O SRI RAMESHWAR PRASAD, INCOME TAX OFFICER (AU)-3(2)(2), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 11. SARBJIT KAUR, AGED ABOUT 44 YEARS, W/O SRI BALJIT SINGH, INCOME TAX OFFICER (AU)-1(1)(3), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 12. SANDEEP KUMAR AGED ABOUT 41 YEARS, S/O SRI KALI RAM, INCOME TAX OFFICER, WARD-6(1)(1), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 13. SHAMBHU KESHARI, AGED ABOUT 44 YEARS, S/O SRI KAILASH KESHRI, INCOME TAX OFFICER (AU)-1(2)(4), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 14. DHIMAN NARAYAN SINHA, AGED ABOUT 46 YEARS, S/O SRI B. N. SINHA, INCOME TAX OFFICER, WARD -4(3)(2), BMTC BUILDING, KORAMANGALA, BENGALURU 560 095. 15. DINESH KUMAR DUBEY, AGED ABOUT 39 YEARS, S/O SRI RAMAYAN DUBEY, INCOME TAX OFFICER (IT), WARD-1(1), BMTC BUILDING, KORAMANGALA, - 4 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 BENGALURU-560095, QUEENS ROAD, BENGALURU -560001. 16. RAJIV KUMAR, AGED ABOUT 45 YEARS, S/O SRI VISHWANATH PRASAD CHOUDHARY, INCOME TAX OFFICER (VU)-1(1)(6), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 17. AMAR KUMAR TUDU, AGED ABOUT 40 YEARS, S/O SRI KANHAIYA LAL TUDU, INCOME TAX OFFICER, WARD-7(2)(1), BMTC BUILDING, KORAMANGALA, BENGALURU -560095. 18. PRAMOD KUMAR, AGED ABOUT 44 YEARS, S/O SRI BACHAN RAY, INCOME TAX OFFICER (I and CI), AAYAKAR BHAWAN, SEDAM ROAD, KALABURGI-585105. 19. SHAILENDRA KUMAR CHOUBEY, AGED ABOUT 44 YEARS, S/O SRI S.S.N. CHOUBEY, INCOME TAX OFFICER (HQ) (TECH-2), O/O PR. CCIT KARNATAKA and GOA REGION, C.R. BUILDING, QUEENS ROAD, BENGALURU -560001. 20. AMIT KUMAR, AGED ABOUT 42 YEARS, S/O SRI S. P. SINGH, INCOME TAX OFFICER (AU)-1(2)(3), BMTC BUILDING, KORAMANGALA, BENGALURU-560095. 21. SURAJ LAMA, AGED ABOUT 42 YEARS, - 5 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 S/O SRI SONAM LAMA, INCOME TAX OFFICER (TDS), WARD-3(3), HMT BHAVAN, BELLARY ROAD, BENGALURU-560032. 22. DINESH KUMAR GUPTA, AGED ABOUT 45 YEARS, S/O SHIVNANDAN PRASAD GUPTA, INCOME TAX OFFICER (1 AND CI)-2, UNITY BUILDING, BENGALURU, 560002. 23. RAKESH KUMAR, AGED ABOUT 44 YEARS, S/O SRI NAGENDRA KUMAR, INCOME TAX OFFICER (UNDER DEPUTATION), No.516B-2, GANGA BLOCK, NATIONAL GAMES VILLAGE, KORAMANGALA, BENGALURU- 560047. 24. RAM NIWAS, AGED ABOUT 42 YEARS, S/O SRI S.C. VIDYARTHI, INCOME TAX OFFICER, WARD-2(2)(3), BMTC BUILDING, KORAMANGALA, BENGALURU -560095. 25. YOGESH DUBEY, AGED ABOUT 37 YEARS, S/O SRI S.S. DUBEY, INCOME TAX OFFICER, WARD-1(2)(1), BMTC BUILDING, KORAMANGALA, BENGALURU -560095. 26. TARUN KUMAR SHARMA, AGED ABOUT 38 YEARS, S/O SRI DASHRATH SHARMA, INCOME TAX OFFICER (PRO). O/O PR. CCIT KARNATAKA AND GOA, C.R. BUILDING, QUEEN'S ROAD, BENGALURU -560001. - 6 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 27. DEEPAK KUMAR, AGED ABOUT 39 YEARS, S/O SRI BALESHWAR SINGH, INCOME TAX OFFICER (TDS), WARD-1(2), HMT BHAVAN, BELLARY ROAD, BENGALURU-560032. …PETITIONERS (BY SRI TARSEM CHAND GUPTA, ADVOCATE) AND: 1. UNION OF INDIA THROUGH FINANCE SECRETARY, INISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110001. 2. CHAIRMAN, CENTRAL BOARD OF DIRECT TAXES, NORTH BLOCK, NEW DELHI-110001. 3. PR. CHIEF COMMISSIONER OF INCOME TAX, KARNATAKA AND GOA REGION, C. R. BUILDING, QUEENS ROAD, BENGALURU-560001. …RESPONDENTS (BY SRI K.A. KAMATH, ASG A/W SRI B. PRAMOD CGC FOR C/R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE TRIBUNAL INTERIM ORDER DATED 23.01.2025 IN O.A No- 50/2025 ANNEXURE-A AND ORDER DATED 11.02.2025 IN RA No-5/2025 ANNEXURE-B MAY KINDLY BE QUASHED AND SET ASIDE THE TRIBUNAL DIRECTED TO STAY THE OPERATION OF THE RESPONDENTS ORDER DATED 31.12.2024 REVISING THE PROTECTED SENIORITY LIST DATED 28.07.2025 TILL FINAL DISPOSAL OF THE OA BY THE TRIBUNAL. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) Heard Sri.Tarsem Chand Gupta, learned counsel through video conference for the petitioners and Sri.K.A.Kamath, learned Additional Solicitor General of India along with Sri.B.Pramod, learned Central Government Counsel for respondent Nos.1 to 3 and perused the entire writ petition papers. 2. The present writ petition is filed questioning the interim order dated 23.01.2025 in O.A.No.50/2025 passed by the Central Administrative Tribunal at Bengaluru (for short 'the Tribunal') wherein, the petitioners' interim prayer for stay against the revised Seniority List dated 31.12.2024, was rejected. 3. Learned counsel for the petitioners raises various contentions and learned Additional Solicitor General points out that the seniority list is prepared in terms of the directions issued by the Coordinate Bench of this Court in Writ Petition - 8 - HC-KAR NC: 2025:KHC:32824-DB WP No. 7977 of 2025 No.5172/2024 and Writ Petition No.5118/2024 dated 13.06.2024. 4. The interim order is dated 23.01.2025 and the present writ petition is filed in March, 2025, which is listed for preliminary hearing today. When the seniority list is said to have been prepared in terms of the directions issued by the Coordinate bench of this Court, we are not inclined to interfere with the impugned interim order passed by the Tribunal. It is for the Tribunal to examine as to whether seniority list is prepared in terms of the order of this Court or otherwise. Moreover, if any action taken on the said seniority list, could be compensated and would be subject to the outcome of O.A. No.50/2025. 5. With the above observations, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE DDU/List No.: 1 Sl No.: 45