ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh Ravi
Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob.
9313885411
President:
Address for communication: Secretary
General:
T. Dass Flat No. 6,
SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob.9848088928 mail
Id:aiacegeo2019@gmail.com
Site:cengoindia.blogspot.in Mob.9717510598
Vice Presidents: B L Meena, K V
Sriniwas (Central) Chinmoy Ghosh,
Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Utkarsh Kumar
Sharma, M Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint
Secretaries: S P Pandey, T A Manojuman (Central) Apurba Roy, Siddharth
Tewari (East) A K Meena, S K Shrimali (West) Anand Narayan, Prabhakar Sharma
(North) H Sadanand, M Nagaraju (South); All India Coordinator: B L Meena
Office Secretary: B C Gupta Treasuer: Manoj Kumar Organising
Secretary: Soumen Bhattachariya
Liaisoning Secretary: Bhoopendra
Singh North Zone Coordinator: C. P.
Verma
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Office address: 206, B wing, CGO Complex
II, Kamla Nehru Nagar, Ghaziabad.
Ref. No. 13/AIB/P/22
Dt. 27.01.22
To,
Sh.
Vivek Johari,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Request
for grant of Pay Scale of Rs. 7500-12000/- since 01.01.1996 in the light of judgment
dated 31.07.2019 by Hon’ble High Court of Kolkata in W.P.C.T. 21 of 2015 in the
case of Union of India & Ors. Vs. Ashis Chakraborty & Ors.– reg.
Sir,
Kindly refer to Office Memorandum issued under F. No.
6/37/98-IC dated 21.04.2004 of the Department of Expenditure (Implementation
Cell), Ministry of Finance (Enclosed
herewith) whereby the pay
scales of the post of Inspector/Examiner/Preventive Officer and ITO/Appraiser/Superintendent
working in CBDT and CBEC (now CBIC) have been upgraded from Rs. 5500-9000/- to Rs.
6500-10500/- and Rs. 6500-10500/- to Rs. 7500-12000/- respectively w.e.f. 21.04.2004.
2. It is submitted with due regards that the decision
to revise the pay scale with prospective effect from 21.04.2004 instead of retrospective
effect from 01.01.1996 was challenged in Hon’ble Central Administrative
Tribunal, Kolkata vide O.A. No. 397/2009 filed by Sh. Ashis Chakraborty &
others. Hon’ble CAT, Kolkata decided the case vide Order dated 10.07.2012 (Enclosed herewith) by relying on the Order dated
17.01.2012 (Enclosed herewith) passed by Hon’ble CAT, Mumbai in the OA No.
86/2008 filed by Income Tax Gazetted Officers Association and others, whereby
the upgradation in pay scales w.e.f. 21.04.2004 had been held “arbitrary and illegal”. In the
aforesaid Order, the Hon’ble Tribunal has held that the applicants are entitled
to have their pay scale since 01.01.1996 on notional basis and applicants are also
entitled to arrears of pay and allowances w.e.f. 21.04.2004. The Order dated
10.07.2012 of CAT, Kolkata was challenged by the Union of India in the Hon’ble
High Court of Kolkata vide W.P.C.T. 21/2015 which was dismissed by order dated
15.07.2015 (Enclosed herewith). Further, the application of the govt. for
delay condonation as well as for recall of the order has also been dismissed on
31.07.2019 by the Hon’ble High Court (Enclosed
herewith).
3. In the light of the aforesaid judgments, our
officers are eligible for getting the pay scale of Rs. 6500-10500/- w.e.f.
01.01.1996 for the period of drawing the pay scale of Inspector and pay scale of
Rs. 7500-12000/- w.e.f. 01.01.1996 for the period drawing the pay scale of
Superintendent on notional basis and also entitled to arrears of pay and
allowances arising therefrom w.e.f. 21.04.2004.
4. Further, it is also submitted that
although our officers were not applicants in the aforesaid cases but being similarly
situated persons, the benefit of court order should be extended to all of them
also as the issue of extension of benefits granted by the courts in service
matters to similarly situated persons has been settled by the courts including
Apex Court in large number of cases. A few of the cases for example are as
under-
(i) In the case of State of Karnataka vs.
C. Lalita, (2006) 2 SCC 747 it was held that service jurisprudence evolved by
the Court from time to time postulates that all persons similarly situated
should be treated similarly. Only because one person has approached the Court
that would not mean that persons similarly situated should be treated
differently.
(ii) Further, granting of benefit of
judgment only to those who had agitated the matter before the Tribunal/Court is
contrary to the judgment given by the Full Bench of Central Administrative Tribunal,
Bangalore in the case of C.S. Elias Ahmed and others v. UOI & amp; others
(O.A. Nos. 451 and 541 of 1991), wherein it was held that the entire class of
employees who are similarly situated are required to be given the benefit of
the decision whether or not they were parties to the original writ. This
principle has been upheld by the Supreme Court in this case as well as in
numerous other judgments like G.C. Ghosh v. UOI, [(1992) 19 ATC 94 (SC)], dated
20-7-1998; K.I. Shepherd v. UOI [(JT 1987 (3) SC 600)]; Abid Hussain v. UOI
[(JT 1987 (1) SC 147], etc.
(iii) P.K. & Ors. V.K. Kapoor &
Anr. JT 2007 (12) 439,
(iv) Inderpal Singh Yadav & Ors.,
(v) State of Maharashtra Vs. Tukaram Trymbak
Choudhary by order dated 20.02.2007,
(vi) Order dt. 17.10.14 in the Civil Appeal No. 9849 of 2014 in the
matter of State of Uttar Pradesh & Ors Vs. Arvind Kumar Srivastava &
Ors,
(vii) Order in SLP No. 77457/2017 against
the order Dt. 23.03.17 given by the Hon’ble High Court of Delhi in WP No.
2634/2017,
(viii) Latest Order dated 08.12.21 in Civil
Appeal No(s). 5966, 5967, 5968 and 5969 of 2021.
5. It is also worth to submit that the post
of Inspector of Central Excise/CGST/Central Tax is analogous to the post of
Inspector of Income Tax and the post of Superintendent of Central Excise/CGST/Central
Tax is analogous to the post of Income Tax Officer falling under the same
Department of Revenue under the same pay scale. Both categories of officers
have always been treated equally by the govt. as well as pay commissions in pay
matters.
6. In the light of above submissions, it is humbly
prayed that our officers may kindly be granted the pay scale of Rs.
6500-10500/- w.e.f. 01.01.1996 for the period of drawing the pay scale of
Inspector and pay scale of Rs. 7500-12000/- w.e.f. 01.01.1996 for the period
drawing the pay scale of Superintendent on notional basis and also arrears of
pay and allowances arising therefrom w.e.f. 21.04.2004 in consonance of the
above court orders with all consequential benefits.
Thanking you,
Yours sincerely,
Encls: As above.
(HARPAL SINGH),
Secretary General.
Copy
with the request for necessary action to-
(1)
The Revenue Secretary, North Block, New Delhi.
(2)
The Member (P&A), CBIC, North Block, New Delhi.
