Central Administrative Tribunal - Jabalpur
Subhash Chandra S/O Shri Kaur Chandra ... vs Union Of India on 11 December, 2015
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
JABALPUR
Original Application No.200/00874/2015
Jabalpur, this Friday, the 11th day of December, 2015
Mr. G.P.Singhal, Administrative Member
Mr. M. Nagarajan, Judicial Member
1. Subhash Chandra S/o Shri Kaur Chandra Gupta, Aged about 55 years,
R/o 34, Tilak Nagar, Nagpur, Maharashtra-440010.
2. A.K.Patel, S/o Shri S.L.Patel, Aged about 55 years, R/o Bopche Complex,
Balghat Road, Gondia, Maharashtra-441614.
3. Sandeep Trehan, S/o Shri Vishwamitra Trehan, aged about 54 years,
R/o 52, Swami Colony, Katal Road, Nagpur, Maharashtra-440013.
4. S.K.Joshi, S/o Shri Keshao Joshi, Aged about 55 years, R/o 49 Mehar Colony, Panchdeep Nagar, Wardha Road, Nagpur, Maharashtra-440010
All applicants are working as Superintendent - Applicants
(By Advocate Shri Naman Nagrath Sr. Advocate
assisted by Shri Siddharth Singh)
V e r s u s
1. Union of India, through Secretary, Ministry of Finance,
North Block, New Delhi-110001.
2. Central Board of Excise and Customs, Through its Chairman,
North Block, New Delhi-110008.
3. The Additional Director General, Central Board of Excise and Customs,
Directorate General of Human Resources Development,409/08, Deep Sikha, Rajendra Palace, New Delhi-110008
4. The Chief Commissioner of Central Excise, Cadre Controlling Authority, Madhya Pradesh and Chhattisgarh, 48, Administrative Area, Arera Hills, Hoshangabad Road, Bhopal-462001.
5. Commissioner of Central Excise, Manik Bagh Palace, Indore, M.P.452001.
6. Commissioner of Central Excise (Commissionerate 1) Tilankhedi Road, Civil Lines, Nagpur, M.H.440010.
7. Commissioner of Central Excise (Commissionerate 2) Tilankhedi Road, Civil Lines, Nagpur, M.H.440010.
8. Pankaj Verma, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, 4th Floor, Central Revenue Building, B.C.Patel Path, Patna Bihar-800001.
9. R.K.Mishra, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, 4th Floor, Central Revenue Building, B.C.Patel Path, Patna Bihar-800001.
10. S.Khaja Hussain, Superintendent, Customs and Central Excise, Commissionerate, opposite L.B.Stadium, Basheer Bagh, Hyderabad, A.P.500004.
11. R.Guruva Reddy, Superintendent, Customs and Central Excise, Commissionerate, opposite L.B.Stadium, Basheer Bagh, Hyderabad, A.P.500004.
12. Kumaravadivel S M, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, 26/1, Mahatma Gandhi Road, Chennai, T.N.600034.
13. Paneersel Van R, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, 26/1, Mahatma Gandhi Road, Chennai, T.N.600034.
14. Dharampal, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, IP Estate, New Delhi-110008
15. Shiv Rattan, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, IP Estate, New Delhi-110008
16. V.M.Rajashekharan Nair, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, I.S. Press Road, Cochin, Kerala,682018.
17. Ravivarma Raja, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, I.S. Press Road, Cochin, Kerala,682018.
18. K.G.Shyamasundaram, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, Queen Road, Bangalore, Karnataka,560001.
19. D.V.Vinod Poovappa, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, Queen Road, Bangalore, Karnataka,560001.
20. Agrawal Devendra Ramrakh, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, Race Course Circle, Vadodara, Gujrat,390007.
21. Brahmbhatt Mukesh R, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner Central Excise, CR Building, Race Course Circle, Vadodara, Gujrat,390007.
22. Satyabrata Saha, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, 180, Shantipally, Rajdana Main Road, R.B.Connector Kasaba, Kolkata, West Bengal-700107.
23. Laxmi Tamang, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, 180, Shantipally, Rajdana Main Road, R.B.Connector Kasaba, Kolkata, West Bengal-700107.
24. Shalabh Goyal, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, 7-A, Ashok Marg, Lucknow, U.P.226001.
25. Ajay Kumar Dixit, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, 7-A, Ashok Marg, Lucknow, U.P.226001.
26. Paramjit Singh, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, Plot No.19, Sector 17/C, Chandigarh, P&B-160017.
27. Baljit Singh Khara, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, Plot No.19, Sector 17/C, Chandigarh, P&B-160017.
28. Sunil Kumar Vangani, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, NCRB, Statute Circle, C Sheme Jaipur, Rajasthan-302005.
29. Navneet Naruka, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, NCRB, Statute Circle, C Sheme Jaipur, Rajasthan-302005.
30. Ajay Kumar Parida, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, Rajaswa Vihar, Bhubneshwar, Orissa-751007
31. Prafulla Kumar Mohapatra, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, CR Building, Rajaswa Vihar, Bhubneshwar, Orissa-751007
32. S.M.Birajdar, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, Zone 2, 9th Floor, Piramal Chamber, Jijibhoy, Lalbagh, Parel, Mumbai, Maharashtra-400012.
33. V.W.Bagewadi, Superintendent, Customs and Central Excise, Commissionerate, C/o Chief Commissioner, Zone 2, 9th Floor, Piramal Chamber, Jijibhoy, Lalbagh Parel, Mumbai, Maharashtra-400012.
(By Advocate Shri S.A.Dharmadhikari for official respondents)
ORDER
By G.P.Singhal, AM.-
By filing this Original Application the applicants have prayed for quashing of the corrigendum to Final All India Seniority List issued pursuant to the office memorandum dated 20/26.03.2015 (Annexure A-1) and direction to the respondents to restore the seniority of the applicants as per their seniority status. They have also prayed for direction to the respondents to consider and act upon the representations made by the applicants (Annexure A-10).
2. Heard the learned counsel of parties.
3. At the outset, learned counsel for the respondents raised the objection regarding jurisdiction of the Tribunal in the matter, as all of the applicants belong to Maharashtra and all the official respondents except respondents nos.4 & 5 also belong to places outside Madhya Pradesh and Chhattisgarh. However, the learned counsel for the applicants vehemently opposed it. He submitted that the present Original Application is in regard to integrated all India seniority list of Superintendent of Central Excise for the period 1.1.1998 to 31.12.2006. It is mentioned in the impugned office memorandum dated 20/26.3.2015 (Annexure A-1) that correction in the integrated all India seniority list has been made on the basis of request for rectification/correction received from cadre controlling Chief Commissioner/ Commissioner. Since the cadre controlling Chief Commissioner for the applicants is the Chief Commissioner of Central Excise Bhopal, the cause of action in this case has arisen within the jurisdiction of this Tribunal and, therefore, as per Rule 6 of the Central Administrative Tribunal (Procedure) Rules, this Tribunal has jurisdiction in the matter, as rightly contended by the applicant. Accordingly, the objection raised by the respondents in this regard is rejected.
4. Learned counsel for the applicants submitted that the applicants have submitted their representations for amendment of the all India seniority list of Superintendent of Central Excise. These representations have been enclosed collectively as Annexure A-10, and have not yet been decided by the respondents. Therefore, the present OA may be disposed with a direction to the respondents to consider and decide these pending representations within a time frame, and during pendency of these representations, the respondents may be restrained from taking final view regarding seniority of the applicants. Shri S.A.Dharmadhikari, learned counsel appearing on behalf of the respondents submitted that he has no objection to it.
5. In view of aforesaid, without entering into the merits of the case, the Original Application is disposed of with a direction to the respondents to consider and decide the pending representations of the applicants in regard to amendment in all India seniority list of Superintendent of Central Excise issued vide OM dated 20/26.03.2015(Annexure A-1) within a period of three months from the date of receipt of this order, if not yet already decided. Till representations are pending for consideration with the respondents though they may proceed with the matter of promotion etc., however the same will be subject to the final out come of the decision of the competent authority in regard to seniority on the representations of the applicant. The applicants are directed to supply another copies of their representations to the competent authority, along with a copy of this order, within a period of seven days from the date of this order.
(M. Nagarajan) (G.P.Singhal)
Judicial Member Administrative Member
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