[Civil Appeal Nos. 7514-7515 of 2005]. The present controversy is a dispute of inter se seniority between Income Tax Inspectors of the Income Tax Department. Direct recruits and promotes are pitted on opposite sides. One of the matters in hand came to be considered by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as "the CAT, Ahmedabad") in R.C. Yadav & Ors. vs. Union of India & Ors.(OA no.92 of 2003). The said Original Application had been filed by direct recruits. Another Original Application, on the same subject matter, being OA no.123 of 2003 (N.R. Parmar & Ors. vs. Union of India & Ors.) was filed by promotees. Both the OA no.92 of 2003 and OA no.123 of 2003 were decided by a common order dated 12.1.2004. In its determination the CAT, Ahmedabad held, that seniority of direct recruits would have to be determined with reference to the date of their actual appointment. The implicit effect of the aforesaid determination was, that the date of arising of the direct recruit vacancies, or the date of initiation of the process of recruitment, or the date when the Staff Selection Commission had made recommendations for the filling up direct recruit vacancies, were inconsequential for determination of seniority of direct recruits.
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