Summary of developments with regard to own-merit issue

Income tax employees federation, Mumbai circle

S U M M A R Y : Chronology of developments with reference to own-merit & other issues in a nutshell based on our understanding of the issues and judgments over a period of time:

1995	Own Merit   came into operation through 77th amendment of the constitution. Object of reservation is to provide adequate representation to the SC/ST candidate
2002	Through this OM DOPT clarified the Own merit concept and stated that post will be adjusted against general quota, this is after the 85th amendment of the Constitution.
2005	Through this OM DOPT issued fresh clarification and stated that OM of 2002 is effective from the date of issue, and that concept of own merit did not apply to the promotions made by non – selection method.
2006	Madras CAT in the case of Kalugasalamoorthy  vs Union of India  has set aside the OM of 2005 and held that when a person is selected on the basis of his own seniority , the scope of considering and counting him against quota reserved for SCs does not arise.
2007	Madras High Court  has upheld the decision of the CAT  in the above case
August, 2010	DOPT withdrawn the OM of 2005 and clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not relaxation of qualifications will be adjusted against un reserved points. And further stated that the same is applicable from 02.07.1997
27th Sept. 2010	Manulal Bhaita & others filed OA in Mumbai  CAT for implementing the  OM
8th Dec. 2010	The above persons filed fresh Misc. Application in the CAT for  interim relief  restraining  from conducting any DPC
9th  December 2010	The Hon’ble CAT  allowed the MA and stayed the DPC up to 5.01.2011
12th January 2011	Mumbai CAT passed order   and directed to implement the OM from 1997. within 4  months and stayed  all the regular DPC till then
January 2011	Some General Candidate also approached the Mumbai CAT for extended Zone of consideration and brought stay on 29 vacancies
24th January 2011	Board issued a circular and clarified that OM of August 2010 is not applicable to Income Tax Dept.
March 2011	ITSEWA filed fresh OA  in Mumbai CAT challenging the direction of Board.
April 2011	Since we moved to new recruitment year  new eligibility list published  after exam result
May 2011	Mumbai CCIT filed MA for  vacation of stay
July 2011	Mumbai CAT reserved the order on OA and  stay continued
15th July 2011	High Court  of Punjab & Haryana  which was dealing a case filed by General candidate(Inspector) against 2007 Punjab CAT decision  allowing own merit from 1995, and after considering the DOPT OM of August 2010, ruled that  no reservation in promotion could be made in  pursuance to OM  dated 2.07.1997.  Judgment of Punjab CAT set aside   Instruction dated 31.01.2005 stands withdrawn on 10.08.2010.  Further Instructions dated 10.08.2010 are quashed because they are in direct conflict with the view taken by the Constitution Bench in M. Nagaraj”s case and Suraj Bhan Meens’s case.   Further directed that seniority and promotion of the Income Tax Inspector shall be made without any element of reservation in Promotion.
3rd August 2011	Mumbai CAT delivered the judgment and imposed penalty of Rs. 25000/- on Respondent and directed to implement the OM within 2 months.
24th August 2011	CBDT issued instruction to all the CCIT (CCA)_to implement the Mumbai CAT order before 15th  October, 2011
Sept.2011	Punjab  High ighCc court  also  passed   order in respect of ITO  and quashed all the earlier OM of  DOPT dealing with own merit and element of  reservation  in  promotion  in the cadre of ITO
October 2011	Jaipur CAT   quashed the direction  of board  directing  to implement the OM August 2010
14th October 2011	Mumbai CCIT challenged the order of Mumbai CAT in Bombay High Court.  Some general candidate also challenged the Mumbai CAT order in High Court.   The matter is likely to come up on 8th November, 2011
21stOctober 2011	ITSEWA once again brought stay on regular promotion for a period of two weeks and CAT  again  directed the dept.to implement  the OM and  to maintain status quo
21stOctober 2011	Mumbai CCIT  filed MA before the CAT for vacating the stay on  promotion
22-10-2011	CAT posted the matter for hearing on 31.10.2011
31.10.2011	CAT again adjourned the matter  to 14.11.2011 for filing the rejoinder and posted the matter to 14.11.2011
4th November 2011	In the matter of Zone of  consideration  the case once again adjourned and posted to 29th Nov. 2011 for filing rejoinder