Central Administrative Tribunal - Delhi
Sudhir Chandra vs M/O Finance on 7 December, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 4010/2018
M.A. No. 4469/2018
The 7th day of December, 2018
HON'BLE MR. V. AJAY KUMAR, MEMBER (J)
HON'BLE MS. ARADHANA JOHRI, MEMBER (A)
1. Shri Sudhir Chandra,
Chief Commissioner of Income Tax (Retd.)
Age about 67 years
S/o Shri Satish Chandra,
R/o House No. M-39, First Floor,
Greater Kailash-I,
New Delhi-110048
Code No- 76033
Date of Promotion as CCIT/DG
December 2009
Date of retirement 30.09.2011.
2. Shri Pramod Kumar Chopra,
Chief Commissioner of Income Tax (Retd.)
Age about 68 years
S/o Shri B.P. Chopra
R/o 92, Sector 11A,
Chandigarh-160011
Code No. 72036,
Date of Promotion as CCIT
January 2006,
Date of Retirement- 26.03.2010
3. Shri Har Prasad Kain,
Chief Commissioner of Income Tax (Retd.)
Age about 66 years
Spouse Name- Lata Kain,
R/o House No. 180J, Lane W-6B,
Near Country Club, Sainik Farms
New Delhi- 110062
Code No. 79069
Date of Promotion as CCIT 2011,
Date of Retirement-31.08.2012
4. Shri S P Singh,
Chief Commissioner of Income Tax (Retd.)
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Age about 69 years
S/o Late Shri Hatti Singh
R/o 28, Vikas Vihar, Mohanpuri
Meerut (U.P.) 250001
Code No. 73045
Date of Promotion as CCIT/DG
January 2007, NFU 31.03.2006
Date of Retirement- 30.06.2009
5. Mrs. Pratima Shrivastav,
Chief Commissioner of Income Tax (Retd.)
Age about 66 years
W/o Shri Rajendra Shrivastav
R/o Flat No. 374, Shri Niketan,
CGHS, Plot No. 1, Sector 7, Dwarka
New Delhi-110075
Code No. 78020
Date of Promotion as CCIT/DG
February 2011, NFU 26.10.2010
Date of Retirement- 29.02.2012
6. Shri Yogendra Kumr Batra,
Chief Commissioner of Income Tax (Retd.)
Age 66 years
S/o Shri Dharam Chand Batra
R/o C-1/2850, Sushant Lok-1
Gurugram-122002
Code No. 78041
Date of Promotion as CCIT/DG
February 2011, NFU 26.10.2010
Date of Retirement 31.08.2018
7. Shri Qaiser Shamim,
Chief Commissioner of Income Tax (Retd.)
Age about 67 years
S/o Late Shri S.S. Hasan
R/o Apartment 603, Tower 17,
Commonwealth Games Village
Near Akshardham Temple
New Delhi-110092,
Code No. 74038
Date of Promotion as CCIT
January 2008, NFU-28.11.2006
Date of Retirement- 30.06.2011
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8. Shri TBC Rozara,
Chief Commissioner of Income Tax (Retd.)
Age about 66 years
S/o Late Shri B. Sangkhuma
R/o A-1, (A)/3, Chaltlang
Aizawal-796012
Code No. 75051
Date of Promotion as CCIT ...
Date of NFU- 26.12.2007
Date of Retirement - 03.09.2012
9. Shri Arindam Lahiri,
Chief Commissioner of Income Tax (Retd.)
Age about 69 years
S/o Shri Kailashnath Lahiri,
R/o Villa-D, Prestige Samudra
Darshan, Cacra Village
Goa-403206
Code No. 72003
Date of Promotion as CCIT/DG
February 2004,
Date of NFU .....
Date of Retirement 31.03.2009
10. Shri Bal Kishan Gupta,
Chief Commissioner of Income Tax (Retd.)
Age about 69 years,
S/o Shri Sat Narain Gupta
R/o B-6, Ranjit Singh Block
Asian Games Village
New Delhi-110049
Code No. 73033
Date of Promotion as CCIT
January 2008, NFU- 31.08.2006
Date of Retirement- 30.06.2009
11. Shri Subodh Kumar Sinha,
Chief Commissioner of Income Tax (Retd.)
Age about 69 years
S/o Late Shri Bhagwati Kumar Sinha
R/o Harmu Housing Colony
Ranchi- 834002 (Jharkhand)
Code No. 73006
Date of Promotion as CCIT
January 2006,
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Date of NFU ....
Date of Retirement - 31.03.2009
12. Ms. Gita Kripalani,
Chief Commissioner of Income Tax (Retd.)
Age about 71 years
D/o Late Shri H.C. Kriplani
R/o D-41, Retreat Apartments,
20, I.P. Extension, Patparganj,
New Delhi-110092
Code No. 71026
Date of Promotion as CCIT- 26.05.2004
Date of NFU....
Date of Retirement - 31.05.2007
13. Mrs. Malsomi Sailo,
Chief Commissioner of Income Tax (Retd.)
Age about 65 years
W/o Mr. Lalhmangaiha Sailo
R/o House No. T-50
Evergreen Estate, Tuivamit
Aizawl- 796009 (Mizoram)
Code No. 75050
Date of Promotion as CCIT
06.04.2009
Date of NFU ....
Date of Retirement 27.02.2013
14. Shri Lahmangaiha Sailo,
Chief Commissioner of Income Tax (Retd.)
Age about 69 years
S/o Brig. T. Sailo
R/o House No. T-50
Evergreen Estate, Tuivamit
Aizawl- 796009 (Mizoram)
Code No. 764054
Date of Promotion as CCIT
06.04.2009
Date of NFU ....
Date of Retirement- 31.03.2010
15. Shri Subhash Chander Kapil,
Chief Commissioner of Income Tax (Retd.)
Age about 70 years
S/o Late Shri Sardari Lal Sharma
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R/o V-11/14 DLF, Phase III
Gurgaon-122002 (Haryana)
Code No. 72040
Date of Promotion as CCIT-January 2006
Date of NFU- 30.01.2006
Date of Retirement- 30.04.2008. .. Applicants
(By Advocate : Shri Krishna Kumar)
Versus
1. Union of India
Through Secretary
Ministry of Finance
Department of Revenue
North Block, Govt. of India
New Delhi-110001.
2. The Chairman
Central Board of Direct Taxes
Ministry of Finance
Department of Revenue
North Block, Govt. of India
New Delhi-110001.
3. Secretary to Govt. of India
Department of Expenditure
Ministry of Finance
North Block, Govt. of India
New Delhi-110001.
4. The Secretary,
Govt. of India
Department of Pension and Pensioners' Welfare
Ministry of Personnel, Public Grievances and Pensions,
Lok Nayak Bhawan,
Khan Market,
New Delhi-110003. .. Respondents
(By Advocate : Shri Vijendra Singh for Shri Rajeev Kumar)
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ORDER (ORAL)
By Mr. V. Ajay Kumar, Member (J) Heard Shri Krishna Kumar, learned counsel for the applicants and Shri Vijendra Singh proxy for Shri Rajeev Kumar, learned counsel appeared on behalf of the respondents on receipt of advance notice.
2. MA 4469/2018 filed for joining together is allowed.
3. The applicants, who are retired Chief Commissioners of Income Tax, filed the O.A. seeking the following relief(s):
"(a) This Hon'ble Tribunal will be pleased to call for the records which has led to the issuance of the order dated 31.05.2013 i.e. annexure A-1 so far as HAG + scale to the Chief Commissioners of Income Tax w.e.f. 23.05.2013 and after going through its propriety, legality and constitutional validity be pleased to order and direct the Respondents to extend the said HAG + scale i.e. Rs.75,500/- to 80,000/- to the Applicants from the date they were promoted as Chief Commissioners of Income Tax/D.G.I.T. between the period 01.01.2006 to 23.05.2013 or from the date they were entitled or granted N.F.U. or were entitled for the Apex Scale with all consequential benefits of pay fixation including increments, arrears of pay, difference of retrial dues, proper fixation of pension etc. with 18% interest on the arrears of payment of salary and pension including retrial dues.
(b) this Hon'ble Tribunal will be pleased to order and direct the Respondents to fix the pension of the Applicants after due pay fixation in the HAG + scale and accordingly pay the monthly pension after taking into account the said pay fixation in HAG + scale with full arrears payable with 18% interest thereon etc.
(c) Direct the Respondents to revise w.e.f. 01.01.2016 the pension of pre-23.05.2013 retiree - Chief Commissioners of Income Tax/D.G.I.T. apropos the Concordance Table - 54 of OM dated 6.7.2017 like post-23.05.2013 retiree-Chief Commissioners of Income Tax apropos 50% of the notional pay by adding number as increments earned by the retiree-7 OA 4010/2018
CCIT as recommended by the 7th CPC in para - 10.1.67 (i) as graphically illustrated in Para-10.1.70 of its report on the principle of "complete parity of past pensioners with current retirees."
(d) Pass such other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
(e) Award exemplary cost in favour of the Applicants."
4. It is submitted that the applicants made number of representations and one such latest representation made by one of the applicants is dated 14.03.2018, which is a part of Annexure A- 16 (colly.). However, the respondents have not passed any orders thereon till date.
5. In the circumstances, the O.A. is disposed of at the admission stage itself, without going into the merits of the case, by directing the respondents to consider Annexure A-16 (Colly.) representations of the applicants and to pass appropriate reasoned and speaking orders thereon, in accordance with law, within 90 days from the date of receipt of a certified copy of this order. No order as to costs.
Let a copy of the O.A. be enclosed to this order.
(ARADHANA JOHRI) (V. AJAY KUMAR) Member (A) Member (J) /Jyoti /