IN HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. WRIT PETITION NO. 2873 OF 2018 All India Federation of Tax Practitioners & Anr Petitioners Versus Union of India & Ors. Respondents Dr. K. Shivaram, Sr. Advocate a/w Mr. Sashank Dondu and Ms. Neelam Jadhav for Petitioners Mr. Anil C. Singh, ASG a/w Mr. Dharmesh Joshi & Mr. D.P. Singh for Respondents CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ. DATE : AUGUST 27, 2019. P.C.: 1. petition is filed by All India Federation of Tax Practitioners. Their grievance is that on account of Department not filling up various administrative posts in different benches of Income Tax Appellate Tribunal, work of such Tribunals has seriously hampered. prayer is, therefore, made for directing respondents to recruit requisite number of Deputy Registrars and Assistant Registrars of Income Tax Appellate Tribunal. 1 of 3 5. wp 2873-18.doc 2. At our instance, respondents had filed affidavit sworn in August 2019 in which it is pointed out that presently there are 26 posts of Assistant Registrars in Income Tax Appellate Tribunal. Mode of filling up these posts are 50% by promotion and 50% by direct recruitment. It is stated that against promotion quota, 8 posts are filled up, however, there are no further eligible candidates for promotion in feeder cadre. It is stated that 3 posts of direct recruitment quota are filled up. proposal is made for filling up remaining posts of Assistant Registrars by direct recruitment. With respect to posts of Deputy Registrars, it is stated that there are 7 sanctioned posts for which 6 were recommended for promotion, however, on account of retirements and refusal to accept promotion, presently only 2 posts could be filled up. Here is also proposal is pending for filling up posts in accordance with rules. 3. petitioner's grievance that work of important Tribunal like Income Tax Appellate Tribunal should not be allowed to suffer on account of shortage of administrative 2 of 3 ::: Uploaded on - 28/08/2019 ::: Downloaded on - 03/09/2019 17:16:24 ::: 5. os wp 2873-18.doc staff is perfectly legitimate, however, we do not find any lethargy on part of Department in not filing up said posts. Under these circumstances, we would expect Department to follow up proposals to fill up posts of Assistant Registrars in such quota as well as for issuing promotions for posts of Deputy Registrars so that all these pots to extent possible can be filled up at earliest. With these observations and direction, Writ Petition is disposed of. [ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ] 3 of 3 All India Federation of Tax Practitioners & Anr. v. Union of India & Or