ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as 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:
M.
Loganathan Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob.8758262698 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in Mob.9717510598
Vice Presidents: B C
Khatik, V Pagare (Central) Diwakar
Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas
Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S
P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East)
Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V
Raghunandan (South); All India Convener:
A K Meena All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison
Secretary: N S Maheshwari North Zone
Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal
Vigilance Coordinator: R K Singh South
Zone Coordinator: U Sharma
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref.
No. 65/AIB/P/24
Dt. 22.08.24
COURT MATTER
To,
1. The Secretary, 2.
The Secretary,
Department of Expenditure, Ministry of Finance, Department of Revenue, Ministry of Finance,
North Block, New Delhi. North Block, New Delhi.
3. The Chairman,
Central Board of Excise and Customs (now Central Board
of Indirect Tax and Customs),
North Block, New Delhi.
Subject:
Implementation of the order of the Hon’ble High Court of Telangana at Hyderabad
in Writ Petition No. 10490/2024
regarding retrospective implementation of the pay scale revision.
Sir,
It
is submitted with due regards that the pay scale of the Superintendents of
Central Excise (now CGST), Superintendents of Customs, Appraisers of Customs
and Income Tax Officers was revised to Rs. 7500-12000/- from Rs. 6500-10500/-
and also of Inspectors of Central Excise, Preventive Officers of Customs,
Examiners of Customs and Income Tax Inspectors to Rs. 6500-10500/- from Rs.
5500-9000/- prospectively w.e.f. 21.04.04, i.e., from the date of the issuance
of the order vide OM No.
6/37/98-IC Dt. 21.04.04 of the Department of Expenditure. Needless to say that
all officers affected by the OM F. No. 6/37/98-IC Dt. 21.04.04 are equally
positioned.
2.
It is worth to mention that the said order should have been implemented w.e.f.
the date of the implementation of the Central Civil Service, Revised Pay Rules,
1997, i.e., w.e.f. 01.01.96, since when the recommendations of the 5th
Central Pay Commission were implemented and disparity in comparison to other
counterparts occurred.
3.
Income Tax Gazetted Officers Association filed OA No. 86/2008 in the Hon’ble
Central Administrative Tribunal of Bombay challenging the OM F. No. 6/37/98-IC
Dt. 21.04.04. The Administrative Tribunal found the above referred OM Dt.
21.04.04 “arbitrary and illegal” and
gave order in favour of the employees. Based on it, total 13 applicants also
approached the Hon’ble Central Administrative Tribunal of Kolkata and got the
order in their favour. The govt. filed
an appeal in the Hon’ble High Court of Kolkata vide WPCT No. 21 of 2015 against
the order of the Hon’ble Central Administrative Tribunal of Kolkata. Hon’ble High Court of Kolkata vide order Dt.
03.05.23 directed to form a special anomaly committee to decide the issue.
Based on the report/decision of the said committee, the benefit of the OM F.
No. 6/37/98-IC Dt. 21.04.04 has been granted retrospectively from 01.01.96 to
13 Income Tax Officers.
4.
Your kind attention is also invited to the common order given in OA No.
323/2012 and 345/2021 by the Hon’ble Central Administrative Tribunal of Bombay
filed by the Central Excise Inspectors Association and Central Tax
Superintendents Association. The Hon’ble Tribunal ordered to refer the matter
for grant of benefit on actual basis to the already constituted special anomaly
committee and decide the same based on judicial pronouncements and law and also
the judgements given by the Hon’ble Tribunal and other courts wherein the
actual benefits have already been extended w.e.f. 01.01.96 to the
employees.
5.
The govt. also filed WP No. 9649 against the order of the Hon’ble Central
Administrative Tribunal of Bombay in OA No. 86/2008 which has been dismissed by
the High Court of Bombay vide order Dt. 08.12.23. The Hon’ble High Court
ordered as below -
“16. In
the light of the abovementioned facts, the appropriate course of action is to
dispose of this Writ Petition directing the Petitioner to adopt the same course
of action as has been done in respect of the Original Applicants who had
approached Calcutta Bench of the Tribunal that is acceptance of the report of
the Special Anomaly Committee and subsequent orders giving effect thereto.
17.
Accordingly the impugned order passed by the Central Administrative Tribunal
dated 17 January 2012 in Original Application No.86/2008 stands
substituted/modified Petitioner will give the benefits as has been given to the
Applicants before the Tribunal in Calcutta in Original Application No.397/2009
in Writ Petition No. (CT)21/2015.
18.
Considering that this Writ Petition remained pending and the Applicants before
the Calcutta Bench of Tribunal who had relied upon impugned order in this
Petition have been granted relief earlier than the present Petitioners, the
necessary action be taken by the Petitioners as early as possible, preferably
within three months from today subject to procedural requirements.
19. Rule is disposed of in the above terms.”
6. The Hon’ble High Court of Ernakulum vide common order
delivered in OP (CAT) NO. 1 OF 2023, OP
(CAT) NO. 139 OF 2023, OP (CAT) NO. 132 OF 2023, OP (CAT) NO. 133 OF 2023, OP
(CAT) NO. 167 OF 2023, OP (CAT) NO. 173 OF 2023 & OP (CAT) NO. 175 OF 2023
also gave the retrospective benefit of pay scale to the employees.
7. Your kind attention is also invited to the order given by
the Hon’ble High Court of Telangana at Hyderabad
in Writ Petition No. 10490/2024 (scanned copy of the certified order
enclosed). The Hon’ble High Court has also ordered in favour of the Central
Excise (now CGST) Inspectors and Superintendents to give the retrospective
benefit of pay scale.
8. There exist so many orders of so many courts including
the Hon’ble Supreme Court that the benefit of such matters is to be given to
all similarly positioned persons. Same has been intended in the National
Litigation Policy to minimise the litigations and not to force all equally
placed/positioned persons to approach the legal courts on the same matter. The
Hon’ble Supreme Court has also ordered the govt. on various occasions to issue
the circular to this effect to minimize the litigations to save the precious
time of the Hon’ble courts and not to force the similarly situated persons to
approach the courts.
9. Your kind attention is also invited to the order on the
issue given by the Hon’ble Central Administrative Tribunal, Principal Bench,
New Delhi in O.A. No. 2544/2015.
In this order, the Hon’ble CAT has specifically ordered that the benefit of
upgraded pay scales is to be given to all eligible employees with effect from
01.01.96 irrespective of the fact whether they have approached an appropriate
judicial forum for the same or not as under-
“Before
parting we would also express a hope that the competent authority shall on its
own extend the benefit of upgraded pay scales to all eligible employees with
effect from 01.01.1996 irrespective of the fact whether they have approached an
appropriate judicial forum for the same or not so that unnecessary litigation
is avoided.”
10. The issue of extension of benefits
granted by the courts including Apex Court in service matters to similarly
situated persons has been settled in various cases including the following-
(i)
In the case of State of Karnataka v. C. Lalita (2006) 2 SCC 747, it was held
that service jurisprudence evolved by the courts from time to time postulates
that all persons similarly situated should be treated similarly. Only because
one person has approached the court would not mean that persons similarly
situated should be treated differently.
(ii) In the judgment given by the full Bench of Central
Administrative Tribunal, Bangalore in the case of C. S. Elias Ahmed and others
v. UOI & others (O.A. Nos. 451 and 541 of 1991), 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 Hon’ble Supreme Court in this case
as well as in numerous other orders like G. C. Ghosh v. UOI, [(1992) 19 ATC 94
(SC)] dt. 20.07.98; K. I. Shepherd v. UOI [(JT 1987 (3) SC 600)]; Abid Hussain
v. UOI [(JT 1987 (1) SC 147], Order dt. 17.10.14 in the Civil Appeal No. 9849 of 2014 in the
matter of State of Uttar Pradesh & Ors v. Arvind Kumar Srivastava & Ors,
SLP No. 77457/2017 filed against the order dt. 23.03.17 given by the Hon’ble
High Court of Delhi in WP No. 2634/2017, Order dt. 08.12.21 in Civil Appeal
No(s). 5966, 5967, 5968 and 5969 of 2021 etc.
11. In view of the
above, it is very much requested to kindly implement the OM F. No. 6/37/98-IC
Dt. 21.04.04 w.e.f. 01.01.96 at an early date with all consequential benefits
to all the affected persons.
Thanking
you,
Yours
sincerely,
Encls: As above.
(HARPAL
SINGH),
Secretary
General.
Copy to the Cabinet Secretary, Govt. of India: With
the request for necessary action.
ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as 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:
M.
Loganathan Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob.8758262698 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in Mob.9717510598
Vice Presidents: B C
Khatik, V Pagare (Central) Diwakar
Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas
Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S
P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East)
Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V
Raghunandan (South); All India Convener:
A K Meena All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison
Secretary: N S Maheshwari North Zone
Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal
Vigilance Coordinator: R K Singh South
Zone Coordinator: U Sharma
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref. No. 64/AIB/C/24
Dt. 22.08.24
Notice
for the Convention and General Body Meeting to be held at Guwahati on 28.09.24
& 29.09.24
It
is intimated to all concerned that the 15th Convention and
General Body Meeting of All India
Association of Central Tax Gazetted Executive Officers (earlier known as All
India Association of Central Excise Gazetted Executive Officers) will be held
on 28.09.24 (Saturday) & 29.09.24 (Sunday) at Guwahati being hosted by the
Guwahati Unit. The agenda of the meeting will be as under:
A.
Inauguration.
B.
Presentation & discussions of/on the
report of the current body.
C.
Confirmation/ratification of the minutes
of the last Convention & General Body meeting as well as the Associate Executive
Committee/Associate Committee meetings held after it.
D.
DDO Certificates,
Pending Dues and Funds for Legal Cases.
E. Elections
for new committee.
F.
Introduction of new committee.
G.
Resolutions to be passed.
H.
Additional
point/s with the permission of Chair.
2. All associate units of the Association as well as
All India office bearers and all concerned are cordially invited and requested to
kindly make it convenient to attend the 15th Convention
and General Body meeting of AIACTGEO (earlier known as AIACEGEO) accordingly. It is also requested to
provide the details of the delegates alongwith schedule of journey to the host
unit at the earliest. The units/officers/office bearers belonging to the AIASCT
are also cordially invited to join the meeting in the interest of the cadre.
The venue of the meeting will be “The Ornate” hotel in Ulubari locality
opposite Nehru Stadium at Guwahati.
3. Sh. Kajal Mandal, the General Secretary of
Guwahati Unit, may kindly be contacted for any query on his Mobile No.
9435129686.
With regards,
(HARPAL SINGH),
Secretary General.
To,
All
units as well as All India office bearers of the Association.
