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. 3/AIB/S/22 Dt. 07.01.22
(1)
Sh. Tarun Bajaj, (2)
Sh. Vivek Johri, (3)
Dr. T. V.
Somanathan
Revenue
Secretary, Chairman,
CBIC, Expenditure
Secretary,
North Block, New Delhi. North
Block, New Delhi. North Block, New Delhi.
Sub:
In rem implementation of Subramaniam verdict.
Sir,
Kindly refer to the order Dated
06.01.22 of the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi
in OA No. 3768/2018 (copy of order enclosed).
2. The Hon’ble Tribunal ordered as below-
“We, therefore,
hold that the said judgment is not in personam and benefit of the same is
required to be extended to all similarly situated persons including the
applicants before us, to avoid needless litigation in future.”
3. Needless
to submit that the order is to be implemented in-rem extending the benefit to
all similarly placed officers under the Department of Revenue and also CBIC on
account of the Respondents No. 1 and 2 being the worthy Revenue Secretary and
Chairman of the CBIC in the matter.
4. The issue in the matter relates to the grant of Non Functional Grade
(NFG) after completion of four years of service in the pay scale of Central
Excise Superintendent. For the want of the required action at your kind end in
r/o so many in rem orders on the issue, thousands of officers are forced to
approach legal courts throughout the country increasing the needless
litigations. The matter is based on the verdict given by the Hon’ble High Court of Madras in W.P. No. 13225/2010 in the
case of Sh. M. Subramaniam. The SLP and Review Petition filed by the Govt. of
India in this matter against the order of the Hon’ble High Court of Madras were
also dismissed by the Hon’ble Supreme Court.
5. It is also worth to submit that the Hon’ble tribunal ordered to
implement the verdict within 90 days of the receipt of the order as below-
“The
respondents are directed to grant the Grade Pay of Rs.5400/- to the applicants
on non-functional basis with effect from the date(s) they had completed four
years of regular service in the Grade Pay of Rs.4800/- with all consequential benefits,
within a period of 90 days from the date of receipt of a certified copy of this
order.”
6. In view of the above, it is again requested to kindly implement the
order in-rem.
Thanking you,
Yours sincerely,
Encl: As above.
(HARPAL SINGH),
Secretary
General.
