BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD.
O. A. NO. __________ OF
2019
DISTRICT-
GHAZIABAD
1. All India Association of Central Excise
Gazetted Executive Officers through its Secretary General Mr. Ravi Malik Having
its office at: 240, Razapur, Ghaziabad.
2. Mr. Ravi Malik S/o Sh. Mahabir Singh R/o 240, Razapur, Ghaziabad Presently
holding the post of Assistant Commissioner of Central Excise/CGST Posted at
CGST Commissionerate, Ghaziabad. Aged about 57 years, Group-A.
3. Mr.
Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS Flats, Sheikh Sarai-1, New
Delhi-110017 Presently holding the post of Assistant Commissioner of Customs Posted at Customs ICD, Dadri,
Ghaziabad. Aged about 55 years
4. Mr. Jagdish Lal Sehgal S/o Sh. M. L. Sehgal
R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant
Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir
Singh Sahitya Sadan, New Delhi. Aged about 55 years
5. Mr. C. S. Sharma S/o Sh. M. R. Sharma, R/o
9/768, Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the
post of Superintendent of Customs, Posted at Customs Preventive
Commissionerate, New Customs House, New Delhi.
…. Applicants
VERSUS
1. Union of India through Revenue Secretary,
Ministry of Finance, North Block, New Delhi.
2. Chairman,
CBIC, North Block, New Delhi.
3. Director General, HRM, C.B.I.C., Bhai Beer
Singh Sadan, B.B.S. Marg, New Delhi.
4. Department
of Personnel & Training through its Secretary, North Block, New Delhi.
……………..Respondents
DETAILS OF APPLICATION:
1.
Particulars of the order against which the application is
made:
The applicant no. 1 made representation before the
respondents for implementing the order dated 24.02.1995 in letter and spirit
passed by the Hon’ble C.A.T. Jabalpur directing the Union of India to place the
Inspectors, Customs & Central Excise at par with the Inspectors of Central
Bureau of Investigation and placed in the pay scale of Rs. 2000-3200/- w.e.f.
the date Inspectors of Central Bureau of Investigation were placed in the said
scale i.e. from 01.01.1986 and pay arrears in the light of Vth pay commission’s
findings as a result of the reference made by the Govt. but the respondents
instead of upgrading the pay scale of Inspectors, Customs & Central Excise w.e.f.
01.01.1986 the date on which the
Inspectors of CBI were placed, upgraded the pay w.e.f. 21.04.2004. The proposal
for anti-dating the effective date from 21.04.20104 to 01.01.1996 was referred
to the Department of Expenditure but did not concur with the proposal thus rejected
the demand for upgrading the pay scale even w.e.f. 01.01.1996 vide order dated
11.04.2019. True Copy of rejection
of up-gradation w.e.f. 01.01.1996 is annexed herewith and marked as Annexure A-1 to Compilation I of this O.A.
2.
Jurisdiction of the Tribunal :
The applicants declare that the subject
matter against which the applicants want redressal is within the jurisdiction
of the Tribunal.
3.
Limitation :
The
applicant further declares that the application is within the limitation period
prescribed in section 21 of the Administrative Tribunals Act, 1985.
4. Facts of the case:
4.1 That applicant
no. 1 is the recognized association of Customs and Central excise/CGST gazetted
executive officers and its members are from the rank and post of
Superintendents and above. The Applicant no. 1 represented through its
Secretary General Mr. Ravi Malik who is Assistant Commissioner (Central
Excise/CGST and Customs) and is also an affected party. True Copy of resolution
authorising Mr. Ravi Malik (who is also an applicant in his personal capacity)
to file the present case is being filed and marked as Annexure A-1 to Compilation II to this O.A.
4.2 That IV pay
Commission granted the pay scale of Inspectors, Customs and Central Excise at
par with the pay scale of Inspectors, Central Bureau of Investigation thus till
the IVth pay commission, there was parity in the pay scales of Inspectors of
CBEC/CBDT and those of CBI/ IB. The parity was disturbed by the notification of
Govt. of India dated 22.09.1986 when the latter were placed in the higher pay scale
of Rs. 2000-3200/-
4.3 That the
applicant no.1 sought parity of pay with Inspectors of Central Bureau of
Investigation since the duties and responsibilities of Inspectors of Customs
and Central Excise are for more arduous than that of CBI inspectors or
Intelligence Bureau but the respondents did not accept even the prayer for
referring the matter to the Board of Arbitration hence the applicant no.1 and some
other applicants preferred O.A. No. 541 of 1994; Central Excise Executive
Officers Association and others Vs. Union Of India and others which was allowed
vide order dated 24.02.1995. True Copy of order dated 24.02.1995 is being filed
and marked as Annexure A-2 to
Compilation II of this O.A.
4.4 That the Hon’ble CAT mandated the Union of India to
issue a notification within thirty days of communication of judgment referring
the matter to Vth CPC disclosing its stand as to why the Inspector of CBI and
IB etc. have been granted higher pay than the Inspector of Customs and Central
Excise for consideration of V pay. It was further directed to place the
Inspector of Customs and Central Excise at par with the Inspector of CBI from
the date of the latter category was placed in the scale of Rs. 2000-3200/- i.e.
01.01.1986 and pay arrears accordingly to the Inspectors of Customs and Central
Excise. The Hon’ble Tribunal has also held that there
does not exist any cogent reasons for creating disparity in the pay of the
above two categories of Inspectors.
4.5 That the order dated 24.02.1995 passed by
Hon’ble CAT, Jabalpur has not been challenged at any higher court of law thus
the same has neither been stayed, modified or rescinded by any competent court
of law hence the same has attained finality.
4.6 That the applicant no.1 since the date of
judgment dated 24.02.1995 is in constant touch
with the respondents authorities and gave several representations requesting
therein to implement the order of the Hon’ble Triunal. True Copy of
some of the representations dated ……………. is being filed and marked as Annexure A-3 to Compilation II of this
O.A.
4.7 That the respondents
communicated the applicant no.1 by the letter F.No.A-26017/149/2008-Ad.IIA
Dt. 10.01.19 of the CBIC that as a sequel to CAT, Jabalpur bench order dated
24.02.95 in OA No. 541/1994, pay scales of Inspectors, Examiners, Preventive
Officers were upgraded from Rs. 5500-9000 to Rs. 6500-10500 and those of
Superintendents (Customs/Central Excise) and Appraisers were upgraded from
Rs. 6500-10500 to Rs. 7500-12000 w.e.f. 21.04.2004. The proposal for
ante-dating the effective date from 21.04.2004 to 01.01.1996 was referred to
Department of Expenditure twice but Department of Expenditure did not concur
with the proposal. It has further been mentioned that the Association has filed
W.P. No. 13471/2008 in the Hon’ble High Court of Madhya Pradesh on this issue which
is still sub-judice. True Copy of letter 10.01.2019 is being filed and
marked as Annexure A-4 to
Compilation II to this O.A.
4.8 That it will be pertinent to mention here
that the
Association has not filed any Writ Petition against the order of the CAT,
Jabalpur in Hon’ble High Court of Madhya Pradesh.
4.9 That the respondents upgraded the pay scales
of Inspectors, Customs and Central Excise w.e.f. 21.04.2004 whereas the
direction for upgrading the same was w.e.f. date when the pay scale of
Inspectors of CBI were upgraded i.e. from 01.01.1986 thus the order of Hon’ble
Tribunal dated 24.02.95 is not implemented in true letter
and spirit.
4.10 That
the Vth
CPC has recommended the same pay scale to
the Inspectors, Customs and Central Excise as of the Inspectors of CBI but the
respondents arbitrarily has not implemented the order of the Honourable CAT despite
of repeated requests of the Association.
4.11 That it
will be pertinent to mention here that the Hon’ble Tribunal has not given any
direction vide its order dated 24.02.1995 to refer the matter to the Department
of Expenditure but the respondent instead of complying the order of the Hon’ble
Tribunal has referred the matter to the Department of Expenditure with oblique
motive.
4.12 That
the applicants are entitled for arrears of pay w.e.f. 01.01.86 instead of
01.01.96 as per the order passed by the Hon’ble CAT.
4.13 That it
is also worth to mention here that all of the then Central Excise Inspectors
have already become Superintendents and Asstt. Commissioners or above and many
of them have also retired but the complete order of the Hon’ble Tribunal is yet
to be implemented.
4.14 That it is also worth to mention here that
the government (Department of Expenditure) replied under the RTI vide OM
No. 1148/Dir(A)/2008 Dt. 08.12.08 that the pay scale of the Inspectors and
Superintendents of Central Excise and Customs was enhanced on 21.04.04 to grant
them parity in pay scales with the counterparts of CBI and IB.
4.15 That the Govt. of India again enhanced the pay
scale of the Inspector of CBI without the recommendations of the pay
commission.
4.16 That a High
Power Committee was formed by the then Finance Minister to look into the issue.
The said committee recommended the pay scale equivalent to the Inspector of CBI
for the Inspector of Customs and Central Excise. Thus, based on the
recommendations of this committee, the Inspectors of Customs and Central Excise
were placed at par with the Inspectors of CBI on 21.04.04 in the matter of pay
scale but the payment of arrears from 01.01.86 is still pending.
5. Grounds
for relief with the legal provisions:
5.1 Because the respondents instead of direction
granting up-gradation of pay scale of Inspectors, Customs and Central Excise by
the Hon’ble Tribunal from the date of up-gradation of pay scale of Inspectors
of CBI has upgraded on a different date which is illegal, invalid and
ineffective and liable to be upgraded in compliance of order of Hon’ble
Tribunal.
5.2 Because
applicants are entitled for arrears of
pay w.e.f. 01.01.86 instead of 01.01.96 as
per the order passed
by the Hon’ble Tribunal.
5.3 Because the pay scale of the Inspectors and
Superintendents of Central Excise and Customs was enhanced from 21.04.04 to
grant them parity in pay scales with the counterparts of CBI and IB is in
violation of order of Hon’ble Tribunal.
5.4 Because the Govt. of India has again enhanced
the pay scale of the Inspector of CBI without the recommendations of the pay
commission.
5.5 Because a High
Power Committee was formed by the then Finance Minister to look into the issue
which recommended the pay scale equivalent to the Inspector of CBI for the
Inspector of Customs and Central Excise.
5.6 Because the order of the Hon’ble Tribunal is
to be complied by the respondents but the respondents deliberately sitting over
it and passing the order defying the same which is illegal and impermissible
under the law.
5.7 Because if the respondents were not
satisfied with the order of the Hon’ble Tribunal the same ought to have been
challenged and get the same rescinded or modified by the competent court of law
but the respondents cannot modify the same.
5.8 Because the applicants are entitled of
up-gradation of pay at par with the pay of Inspectors of CBI from the date on
which they were granted up-gradation and not subsequent thereto.
5.9 Because the order of the respondents
rejecting the up-gradation of pay from the date of up-gradation of pay of
Inspectors of CBI is illegal and invalid.
5.10 Because the action of the respondents are
arbitrary, derogatory and against norms setup by the law courts hence the same
is unsustainable and liable to be set aside.
6. Details of the remedies exhausted:
The applicants declare that they have
availed of all the remedies available to him under the relevant service rules
etc. The applicants made representations before the respondent department for grant
of up-gradation of pay in accordance with the direction of Hon’ble Tribunal but the same has been rejected which
is impermissible in the law.
7. Matters not previously filed or pending with
any other court:
The applicants further declare that
they have not filed any application, writ petition or suit regarding the
instant matter, in respect of which this application has been made, before any
court or any other authority or any other Bench of the Tribunal nor any such
application, writ petition or suit is pending before any of them.
8. Relief
Sought:
In view of the facts mentioned in para
6 above the applicants prays for the following relief(s):-
1. to
quash the order dated 15.04.2019 passed by the Deputy Secretary to the Govt. Of
India rejecting the up-gradation of pay scale of the Inspectors of Customs and
Central Excise w.e.f. date on which pay scale of Inspectors of CBI were
upgraded i.e. 01.01.86 and pay all the arrears due since as per the order date
24.02.1995 passed by Cental Administrative Tribunal, Jabalpur
2. And OR may
pass such other and further orders/ directions which this Hon’ble Tribunal deem
fit and proper in the facts of the case.
9. INTERIM RELIEF, IF ANY
Pending
final decision on the application, the applicant seeks the following interim
relief: N.A.
10. In the event of application being sent by registered post, it may
be stated whether the applicant desires to have oral hearing at the admission
stage and if so, he shall attach a self addressed postcard or inland letter, at
which intimation regarding the date of hearing could be sent to him: NOT
APPLICABLE
11. PARTICULAR
OF APPLICATION FEE:
1.
Name of issuing Post
Office :
2.
Date of issuing the
P.O.:
3.
Amount of the Postal
Order:
4.
Post Office at which
payable:
12. LIST OF
ENCLOSURES: As per Index
VERIFICATION:
I, Ravi Malik, son of late Sh. Mahabir Singh, aged about
57 years, working as Assistant Commissioner in the office of CGST, Ghaziabad, applicant no.2 and also
Secretary General of applicant no.1, duly authorized person to sign and
verify and present the instant original application on behalf of All India Association of Central Excise Gazetted
Executive Officers, in the above noted Original application do hereby verify that
the contents of paragraphs No.________________ ________________of this
application are true to my personal knowledge; and paragraphs
nos._______________________ of this application are believed to be true on
legal advice, and paragraphs nos. _________________________ based on record,
and that I have not suppressed any material fact.
APPLICANT
VERIFICATION
I, Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS
Flats, Sheikh Sarai-1, New Delhi-110017 Presently holding the post of Assistant
Commissioner of Customs Posted at
Customs ICD, Dadri, Ghaziabad. Aged about 55 years, applicant no.3 in the above noted Original
application do hereby verify that the contents of
paragraphs No.________________ ________________of this application are true to
my personal knowledge; and paragraphs nos._______________________ of this
application are believed to be true on legal advice, and paragraphs nos.
_________________________ based on record, and that I have not suppressed any
material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151,
Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner
of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh
Sahitya Sadan, New Delhi. Aged about 55 years, applicant no.3 in the above noted Original application do hereby
verify that the contents of paragraphs No.________________
________________of this application are true to my personal knowledge; and
paragraphs nos._______________________ of this application are believed to be
true on legal advice, and paragraphs nos. _________________________ based on
record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151,
Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner
of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh
Sahitya Sadan, New Delhi. Aged about 55 years applicant no.4 in the above noted Original application do hereby
verify that the contents of paragraphs No.________________
________________of this application are true to my personal knowledge; and
paragraphs nos._______________________ of this application are believed to be
true on legal advice, and paragraphs nos. _________________________ based on
record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, C. S. Sharma S/o Sh. M. R. Sharma, R/o 9/768,
Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the post of
Superintendent of Customs, Posted at Customs Preventive Commissionerate, New
Customs House, New Delhi, applicant no.5 in the
above noted Original application do hereby verify that
the contents of paragraphs No.________________ ________________of this
application are true to my personal knowledge; and paragraphs
nos._______________________ of this application are believed to be true on
legal advice, and paragraphs nos. _________________________ based on record,
and that I have not suppressed any material fact.
APPLICANT
Date: May, 2019.
Place: ALLAHABAD.
Through
(ASHOK
KUMAR PANDEY)
Advocate
Adv.
Roll A/A-1365/2012
(YASHWANT
SINGH)
Advocate
Adv.
Roll A/Y-0023/12
Counsels
for the Applicants
Old
Study Room, South Verandah,
High
Allahabad
Mobile:
9454966521
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD.
**********
ORIGINAL
APPLICATION NO. OF 2019
(Under
Section 19 of the Administrative Tribunal Act, 1985)
DISTRICT : GHAZIABAD
All India
Association of Central Excise
and others ---- Applicants
Versus
Union of India and others ---
Respondents
ANNEXURE
NO.
