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. 120/AIB/A/23 Dt. 28.08.23
To,
(1) The Revenue
Secretary, (2) The
Expenditure Secretary, (3)
The Finance Secretary,
North Block, New
Delhi. North
Block, New Delhi. North Block, New Delhi.
Sub: Implementation of the order of the Hon’ble High
Court of Kolkata in WPCT 21 of 2015.
Sir,
Kindly
refer to the Ref. No. 104/AIB/A/23 Dt. 28.07.23 of the Association.
2. It is submitted with due regards
that the Hon’ble High Court of
Kolkata ordered in WPCT No. 21 of 2015 on 03.05.23 to constitute a Special Anomaly Committee to take a decision on the
matter regarding retrospective implementation of the OM
issued vide F.No.6/37/98-IC Dt. 21.04.04 of
the Department of Expenditure (Implementation Cell). The Writ was filed by the
Govt. challenging the the order of the Hon’ble Administrative Tribunal, Kolkata
Bench in OA No. 397 of 2009. The copy of the order of the Hon’ble High Court is
enclosed herewith for your kind reference.
3.
The Hon’ble High Court observed that-
“The question, therefore, remains in the
instant litigation is whether the effect can be given to such recommendation
from 01.01.1996 or from a date posterior thereto. In all such cases, relied
upon before us, the Special Anomaly Committee was directed to be constituted to
take a conscious decision in this regard. Since it is policy decision of the
Government of India and the interference under the power of judicial review is
very limited in this regard, we feel that it would sub-serve the justice if the
Special Anomaly Committee is constituted and a decision is taken in this
regard.”
4. The Hon’ble High Court further
observed that-
“The impugned order needs to be modified
to the extent that the Union of India should constitute a Special Anomaly
Committee to take a decision on the grievance raised by the petitioners in the
representations having made in this regard and communicate such decision to the
respective respondents.”
5. So, the Hon’ble High Court was
pleased to order that-
“We,
therefore, direct that the Union of India shall constitute a Special Anomaly
Committee within two months from the date of communication of this order who
shall decide the representations made by the respondents annexed to the
writ-petition from page 70 onwards within one month from the date of
constitution of the said Committee and shall communicate the decision within a
week therefrom to the respective respondents.”
6. The Association came to know that
the decision has already been taken by the Special Anomaly Committee in the
favour of the petitioners of the OA and the report has been submitted to the Hon’ble
High Court. It is also worth to submit that the Hon’ble High Court nowhere
directed to submit the decision taken by the Special Anomaly Committee to it
for further orders. So, the decision taken by the Special Anomaly Committee on
the matter is to be treated as final and to be communicated to the petitioners
of OA accordingly.
7. In view of above, it is requested
to kindly publish, circulate and implement the decision taken by the committee
instead of further continuing the litigation in the Hon’ble High Court. Needless
to submit that the decision taken by the committee is to be implemented to
amend the OM Dt. 21.04.04 to benefit all similarly circumstanced persons. The
publication as well as circulation of the report is also necessary to enable
the similarly circumstanced persons to approach the legal forum, if the report
is not in the favour of the petitioners of the OA.
Thanking you,
Yours sincerely,
Encl: As above.
(HARPAL SINGH),
Secretary General.
