ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as All India Association of Central Excise Gazetted Executive Officers)
President: Address for
communication: Secretary General:
Kajal
Kumar Mandal Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob. 9957366172 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in
Mob. 9717510598
Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju
Vice Presidents: B C
Khatik, K D Venkatraman (Central) Swapan
Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas
Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint
Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha,
Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B
Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary:
B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising
Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal
Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey
East Zone Coordinator: Debasish Modak
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref.
No. 30/AIB/P/25
Dt. 11.04.25
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 Indirect Tax and Customs,
North Block, New Delhi.
Subject:
Implementation of the orders of the Hon’ble High Court of Kolkata in WP.CT 49 of
2025, 74 of 2025 and 75 of 2025 in r/o retrospective
implementation of the pay scale.
Sir,
Kindly refer to the earlier requests of the Association
communicating various court orders regarding retrospective implementation of
pay scale of Inspectors and Superintendents w.e.f. 01.01.96 to amend OM No.
6/37/98-IC Dt. 21.04.04 of the Department of Expenditure and the orders all Dt. 07.04.25 of the Hon’ble High Court of Kolkata in WP.CT 49,74 & 75 of 2025 (copies enclosed).
2. It is brought
to your kind notice 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 instead of 01.01.96, all
officers affected by the OM F. No. 6/37/98-IC Dt. 21.04.04 being similarly placed.
3. 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.
4. Various courts have already ordered to implement the
Department of Expenditure OM No. 6/37/98-IC Dt. 21.04.04 w.e.f.
01.01.96 instead of 21.04.04 in r/o pay scale of Superintendents and
Inspectors. Even the SLP Diary No(s). 59005/2024 filed by the
UOI on this issue has been dismissed by the Hon’ble Supreme Court on 28.02.25
and the favourable orders from the various Central Administrative Tribunals and
High courts are keeping continued regularly.
5. The Hon’ble High Coert of Kolkata like in W.P.C.T. 6 of 2025 ordered specifically in WP.CT 49
of 2025, 74 of 2025 and 75 of 2025 by dismissing the petition filed by UOI
as below-
“We find that the present writ proceedings has become
infructuous as the petitioner’s entitlement has already been affirmed by the
Apex Court as per the proceedings taken note of above.”
6. In these cases, the UOI through its senior counsel
admitted as below-
“The identical issue whether Inspectors in the Central
Excise & Customs Department would be entitled to benefits of 5th Pay
Revision Committee with effect from 01.01.1996 was decided by the Telangana
High Court in Writ Petition No.10490 of 2024 in the case of R.
Siva Shankara Sastry & Ors. Vs. the Union of India & Ors.
The order of the Telangana High Court dated 09.08.2024 passed in the writ
proceeding was assailed by the Union of India before the Apex Court. The S.L.P.
(Civil) No. 59005 of 2024 has been dismissed on 28.02.2025 by the Apex
Court.”
“Since the issue regarding entitlement of the petitioners to
grant of benefits of 5th Pay Revision Committee with effect from 01.01.1996
stands settled in the above noted proceedings, nothing remains to be
considered in the present proceedings.”
7. Thus, after above admission by the UOI before the
Hon’ble High Court, nothing remains further in this case to be decided.
Also nothing remains for UOI to wait in it except implementing the order and
amend OM
No. 6/37/98-IC Dt. 21.04.04 accordingly.
8. No need to submit that any order given by the Apex Court
is always called as law of land and equally applicable to similarly
circumstanced persons. It is also worth to mention that the court orders
related to pay matters are always treated and implemented in rem unless ordered
specifically to implement in personam.
9. There already exist so many orders of so many courts
including the Hon’ble Supreme Court to give benefit of such matters 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 to 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. It is also worth to mention that it would be
direct contempt of the orders of the Hon’ble Supreme Court, if such orders of
the Hon’ble Supreme Court are not obeyed and implemented.
10. In view of
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
and due interest not less than the rate of interest on GPF to all the affected
persons without enhancing the number of litigations in the matter by forcing
more and more officers to be litigants against the various orders of the
Hon’ble Supreme Court to give such benefits to all the equally placed persons.
Thanking
you,
Yours
sincerely,
Encl: As above.
(HARPAL
SINGH),
Secretary
General.
