Central Administrative Tribunal - Kolkata
Siddhartha Chakrabarti vs Central Excise And Customs on 26 April, 2022
-- 1 0a/350/00423/2022 © CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA a a ee oe 0.A./350/00423/2022 ' Date of Order: 26.04.2022 Coram: Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member Siddhartha Chakrabarti, son of Late Tushar Kanti Chakrabarty, aged about 50 years, residing at 6, Baikuntha Ghosh Road, Kasba, Kolkata-700042 and working as Sr. Intelligence Officer, DRI, Kolkata Zonal Unit. wees Applicant Vs. Bp 1. Union of India, service through the Secretary to the Government of India, Ministry of Finance, Department of Revenue, North Block, New Delhi- 110001. 2. The Chairman, Central Board of Excise and Customs (presently Central Board of Indirect Taxes and Customs), North Block, New Delhi- 110001. 3. The _-- Director General Directorate of Revenue Intelligence (DRI), ..P. Estate Drum Shape Building, New Delhi-110002. | 4. The Principal Additional Director General, DRI, Kolkata Zonal Unit 8, Ho Chi Minh Sarani, 2 & 3" pr <" 2 9a /350/00423/2022 Floor, Suit Nos. 16, 17 & 18, Kolkata- 70007 1. wn Respondents For The Applicant(s): My. A. K. Manna, Counsel For The Respondent(s): Mr. 8. Ganguly, Counsel ORDER (ORAL)
Per! Hon'ble Dr. (Ms.) Nandita Chatterjee, Administrative Member Aggrieved at not having received the benefit of fixation of grade pay of Rs. 5400/- in PB-2 upon completion of 4 years of regular service in grade pay of Rs. 4800/- in PB-2, the applicant has approached this Tribunal praying for the Fay following relief:
"a} An order issue directing wpon the respondent to grant Grade Poy of Rs. 5400/- {PB-2 } to the applicant berein-on completion of 4 years in the pay scale of Rs. 7500-12,000/- (pre-revised) as per judgment dated 06.09.2010 af Hon'ble High Court of Madras, as upheld by Han'ble Supreme Court yide its order dated 10.10.2027 aad that dated 23.08.2018 and as decided by Board vide it's letter dated 22.10.2019 and 27.07.2020 und Estt. Order No. 286/19, dated 06.12.2019 and subsequent similar Esteblishment Order issued in implementation thereof for extension of benefit covered under the judgment dated 06.09.2010 with all consequential benefits including arrears of pay;
fo) An order quashing and setting aside the clarification dated 71.02.2009 and directing the respondents to grant Grade Pay of Rs.
§,400/- (PB-2} in the puy scale af Rs. 7500-12008/- fore-revised) ta the applicant on completion of 4 years of service in the Grade Pay of Rs, 4800/- in PB-2, Le, wef the date as mentioned in para Aff) hereinabove:
fc) An order directing the respondent authorities to provide production of relevant documents;
fo} Any other order or further orderforders as this Hon'ble Tribunal may deem fit and proper."
3 aa/350/00423/2022 issued under Sub-section (6) of Section 5 of the Administrative Tribunals Act, 1985, as ne complicated question of law is involved in this matter, | and, with the consent of parties.
3, Learned Counsel for both sides are present and heard.
4, Ld. Counsel for applicant would submit that the applicant is working as a Sr. Intelligence Officer with the office of respondent no. 4. The applicant was granted ; grade pay of Rs, 4800/- in December, 2012.
oR.
oe ag, BN The Government of India, Ministry of Finance, Department of Expenditure, * by notification dated 29.8.2008, had notified that Gr. 'B' Officers of the Department of Posts/Revenue etc. will be granted the Grade Pay of Rs. 5400/- in PB-2 on Non-Functional basis after four years of regular service in Grade Pay Rs.
Fe.
Ure es 4800/- in PB-2 and, that, thereafter, a similar notification was issued on 24.11.2008 by the Department of Revenue reiterating the contents of the notification dated 29.8.2008 of the Department of Expenditure.
According to the applicant, as he had completed four years of regular service in Grade pay of PB-2, he is entitled w.ef. 24.12.2016, to the Grade Pay of Rs. 5400/- in PB-2 on non-functional basis in terms of the above mentioned circulars.
On 11.2,.2009, however, another circular was issued by the Department of Revenue stating that officers who got pre-revised pay scale corresponding to Grade pay of Rs. 4800/- by virtue of financial upgradation under ACP, would not be entitled to the benefit of further non-functional upgradation to the pre-revised pay scale corresponding to Grade Pay of Rs. S400/-.
a oa/350/00423/2022 *8, fhus,.ifan officer has.conipleted 4 years on L4.2006'ar varfier, he will be given the.nan- functional upgradation with effect from 1.12006 and if the officer conypletes 4-year on g-date after ¥.2,.2008, he will be given non-functional. upgradation from such date on which Ae completes 4-year in the poy scale of Rs. 75G0-12000/- (pre-revised), since the petitioner admittedly completed 4-year periad in the poy scale of Rs. 7500/- 12000/- as on 1.1008, he is entitled fo aradé pay Of Rs, 54004, in fact, the Government of india, having accepted tie. recommendations af the 6th Pay Commission, issued a resolution dated 29,8.2008 aranting grade pay of Rs: 5400/- to the Group 8 Officers in-Pay Band 2:en nan functional basis after foar years of regular service in the grade pay af Rs, 4800/4 in Pay Band 2. Therefore, denial of the same benefit to the petitioner hosed on the clorification issued by the Under Secretary to the Government was contrary ta the above said clarification and without amending the rules of the revised pay scale, such decision connot be taken. Therefore, we are inclined to interfere with the order af the Tribunal
9. Accordingly, the Verit Petitian is allowed setting aside the -arder of the Tribunal dated 19.4.201D passed in OA, Na. 187 of 2009, The respondents are directed to-axtend the benefit of grade pay of Rs. 5400/- to the petitianer front £.1.2008 os per the resolution dated 29-8. 2010. No casts."
The issue was also taken up at various other judicial fora including the Hon'ble Apex Court, which affirmed the orders passed by the Hon'ble High Court of Judicature of Madras in WPCT No. 13225 of 2010. According to the applicant, nis eligibility having been affirmed by decisions in different judicial fora, he had represented before the respondent authorities, but to no effect. Ld. Counsel for the applicant would therefore submit that directions be issued to the competent respondent authority to dispose of pending representation in a time bound manner,
5. Accordingly, without entering into the merits of the matter, this Tribunal would direct the addressee respondent no. 4, who is the Principal Additional Director General, DRI, Kolkata Zonal Unit, or any other competent respondent authority, to examine the contents of the representation preferred by the applicant on 23.06.2021 (annexed at Annexure A-8 to the O.A.}, and, to dispose of the same in accordance with law within a period of 16 weeks from the date of receipt of a copy of this order.
bgt 0a/350/00423/2022 wat The authorities, vide their arder dated 06.12.2019 fat Annexure A-5 to the 0.4.8) had admittedly granted the grade pay of Rs. 5400/- in PB-2 on completion of 4 years of regular service in grade pay of Rs, 4800/- in PB-2 ta the applicants in
0.A,/350/00358/2019 (SHILADITYA MAITRA Vs, Uol & Ors.) as per the directions of this Tribunal dated 17.07.2019 {annexed at Annexure A-5 to the 0.4.5}, Hence, while deciding on the representation of the applicant In the instant OA, the addressee/competent respondent authority shall examine whether the apolicant in the instant O.A. is similarly situated as the applicants in SD» OA. /350/00358/2019(supra}, and, thereafter, shall pass necessary orders fn i ae " accordance with law, conveying his decision in the form of reasoned and speakin ng orders to the applicant herein.
In the event of a favourable decision, consequent benefits are to be released as per the entitlement of the applicant, within a further period of 10 weeks from the date of the reasoned order,
7. With these directions, the O.A, stands disposed of, No costs, (Dr. Nandita Chatterjee) Administrative Member sl Cara ACE SQ], ww ° Ah 0° 0° .e, Fb EEE