Central Administrative Tribunal - Delhi
All India Association Of ... vs Revenue on 23 December, 2022
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Item No. 15
O.A. No. 2668/2022
M.A. No. 2743/2022
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2668/2022
M.A. No. 2743/2022
This the 23rd day of December, 2022
Hon'ble Mrs. Pratima K. Gupta, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. All India Association of Superintendents of Central Tax
(AIASCT),
Pune Unit. Through its. authorized officer, Mr. Kunj Nath
Sinha
R-IV, D-I, CGST Pune-II Commissionerate,
BSNL Building, 2nd Floor, Model Colony,
Shivajinagar, Pune-411002
2. Avadhoot Khadilkar S/o Balvant,
aged 57 years, Occ-Service, R/0- E-104,
Suvidha Dnyanganga Phase-II, Vadgaon Budruk, Pune-
411041.
3. Manoj Kumar S/o Nand Kishore Sandhwar, aged 55 years,
Occ- Service, R/o- A-201, Laxmi Deep Society, Opp. Hotel Tip
Top International, Wakad, Pune- 411057
4. Sanjay Kumar S/o Radheshyam Thakur, aged 51 years, Occ-
Service, R/0- 8/105, Swapnapurti Hsg Society, Phase-I,
Sector-26, Nigdi Pradhikaran, Pune-411044
5. All India Association of Superintendents Of Central Tax
(AIASCT), Through its authorized officer. Office of the
Commissioner of Customs, Custom House,\Harbour Estate,
Tuticorin-628004.
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Item No. 15
O.A. No. 2668/2022
M.A. No. 2743/2022
6. S. Venkatesan S/o N. Sankarappan, aged 52 years, Occ-
Service, R/o- 7, Thendral Nagar, Bharathinagar East
Perumalpuram, Tirunelveli 627007
7. J.A.K. Paulraj S/o Jhon Solomon, aged 55 years, Occ-Service,
R/0-7, Zian Cottage, S.S.R. Street, Pothigai Nagar Road, Near
Jeba Garden, Perumalpuram, Tirunelveli - 627007.
8. All India Association of Superintendents Of Central Tax
(AIASCT), Through its authorized officer. Aurangabad Unit,
GST Bhava, N-5, Town Center, CIDCO, Aurangabad 431 033.
9. Arvind Dhobley s/o Gajanan, aged 58 years, Occ-Service, R/o-
S-20, Sadguru Colony, Opp. Airport, Chikalthana,
Aurangabad-431007
10. Pritam Naik S/o Kanhaiyalal, aged 53 years, Occ-Service,
R/o- A-2, 504, Millenium Park, MIDC Chikalthana,
Aurangabad-431005
11. All India Association of Superintendents of Central Tax
(AIASCT), Through its authorized officer. Chennai Unit,
Porur-II Range, Porur Division, 2054-1, 12th Main Road, 2nd
Avenue, Anna Nagar, Chennai-600040.
12. J. Anitha d/o V. Jagannathan, aged 53 years, Occ-Service,
R/o- 3147, 12th Floor, T3B, Prestige Bella Vista, Mount
Poonamallee Road, Iyyappanthangal, Chennai-600056
13. Titus Samuel S/o Godfrey Samuel, aged 53 years, Occ-
Service, R/o- A-4, Fenton Court, 1 BKN Avenue, Vepery,
Chennai-600007
14. All India Association of Superintendents of Central Tax
(AIASCT), Through its authorized officer. Nashik Unit.
Customs C-Cell, GST Bhavan, CGST & C.Ex. Office, Jaishta-
Vaishakh Sector, CIDCO, Trimurti Chowk, Nashik-422008.
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Item No. 15
O.A. No. 2668/2022
M.A. No. 2743/2022
15. C.R. Vishwakarma S/o Late R.N. Vishwakarma, aged 57
years, Occ- Service, R/o- Laxmi Ram Bunglow, Plot No.49,
Vastu Park, Jai Bhavani Road, Nashik Road, Nashik-422101
16. Manohar Wagh S/o Bhikanrao, aged 57 years, Occ-Service,
R/o-2, Siddhant Enclave, Savarkarnagar, Gangapur Road,
Nashik-422013
17. All India Association of Superintendents Of Central Tax
(AIASCT), Through its authorized officer. Salem Unit. 0/0
Superintendent of CGST Salem-III Range, 15
Sahadevapuram, Rajaram nagar, Main Road, Salem-636007.
18. M. Subramaniam S/o D. Mani, aged 54 years, Occ-Service,
R/o- 369, Pudu Erikarai Road, Reddiyur, Salem-636004
19. K. R. Balakrishnan S/o C. Rangasamy aged 56 years, Occ-
Service, R/0- 30, Meenatchi Nagar, Chinnathirupathi, Salem-
636008.
20. All India Association of Superintendents Of
Central Tax (AIASCT), Through its authorized officer.
Madurai Unit. MADURAI CIRCUIT OFFICE, No. 4 , LAL
BAHADUR SHASTRI ROAD, CENTRAL REVENUE
BUILDINGS, BIBIKULAM, MADURAI- 625002.
21. G. Ravichandran S/o V Govindan, aged 53 years, Occ-
Service, R/o-Plot No. 11B, Door No.2 /89B, Melapapangadi,
Madurai- 625017
22. S. Muniappan S/o K. Senthivel , aged 54 years, Occ-Service,
R/o-177-B/496, Amman Kovilpatti South Street, Sivakasi-
626189
23. K. Vajravel s/o A. Karuppiah, aged about 54 years, Occ-
Service, Plot No.37, Indira Gandhi Street, Koodal Nagar,
Madurai-625018.
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Item No. 15
O.A. No. 2668/2022
M.A. No. 2743/2022
24. All India Association of Superintendents Of Central Tax
(AIASCT), Through its authorized officer. Mumbai Unit,
Office of Pr Commr. Thane Audit Committee, CGST Bhavan,
4th Floor, Wagle Indl. Estate, Thane(W)-400604.
25. Anil Kanuga S/o Late. Shri. Nanikram Kanuga, aged 58
years, Occ-Service, R/o 56B/11, Brindavan Society,
Majiwada, Thane(W)-400601
26. Adityanarayan Mishra S/o Tryambak
Mishra, aged 58 years, Occ-Service, R/o- D-201,
Mandakini Apts, Shiv Vallabh Cross Road
Rawalpada,Dahisar[E],Mumbai-4000068.
...Applicants
(By Advocate: Mr. Ankur Chhibber and Mr. Hrishikesh Chitaley)
Versus
1. The Union of India, Notice to be served through, The
Secretary, Ministry of Finance, Department of Revenue,
North Block, New Delhi-110001
2. Central Board of Indirect Taxes and Customs, Notice to be
Served through: The Chairman, CBIC, Ministry of Finance,
Department Revenue, New Delhi. 110001
3. Union of India, through The Department of Personnel and
Training, Notice to be Served through, Department The
Secretary, Department of Personnel & Training, North Block,
Block, New Delhi-110001
...Respondents
(By Advocate: Mr. Pradeep Kumar Sharma)
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Item No. 15
O.A. No. 2668/2022
M.A. No. 2743/2022
O R D E R (ORAL)
Hon'ble Mrs. Pratima K. Gupta, Member (J):
The present O.A. has been filed with an application seeking condonation of delay.
2 The brief facts in the case are that the applicants, were initially appointed as Inspector, are presently working as Superintendents of Central Tax and a separate zone wise seniority list for the said post is maintained by the respondents whereas for promotions from the post of Superintendents to Assistant Commissioners, the respondents maintain a consolidated seniority list. The seniority list for the post of Superintendent was issued in the year 2011 itself. The applicants claim that they were affected by the same for the first time in the year 2019, that is, when they came in the zone of consideration for promotion and that their juniors are being considered for promotion bypassing their claims. In order to redress their grievances with the respondents, they preferred a representation dated 21.02.2019 followed by reminders 6 Item No. 15 O.A. No. 2668/2022 M.A. No. 2743/2022 dated 22.06.2020 and 08.08.2022 which are pending consideration before them.
3. It is not in dispute that the aforesaid representations are pending consideration before the respondents.
4. Learned counsel for the applicants submits that though there is no delay filing the O.A. however, as an abundant caution he has filed the original application along with an M.A. seeking condonation of delay.
5. Learned counsel for the respondents, on the other hand, vehemently opposes the application seeking condonation of delay, he argues that the cause of action for the applicants arose immediately when the applicants were inducted into service and as they did not raise their objections at the appropriate time, therefore, they cannot be allowed to raise the same at this belated stage. He relies on the Judgment passed by a coordinate Bench of this Tribunal in O.A. No. 3055/2014 titled Manish Kumar Pintu & Other Versus Union of India & Others. The relevant paragraph of the same reads as under:-
7Item No. 15 O.A. No. 2668/2022 M.A. No. 2743/2022
"14. We are, however, not impressed by these arguments of the applicants. While the Bhardwaj Committee report and Revenue Secretary's Note do establish that the respondents realized that the problem of disparities in promotion in different regions is a genuine one, production of these documents does not help the applicants in any manner as they cannot serve the purpose of extending the limitation period. That period will be counted from the date on which the cause of action first arose. This, as already mentioned above, was the time when zone allocation was done to the applicants in the year 2005. We are, therefore, of the opinion that this O.A. suffers from delay and laches and is barred by limitation."
6. Per contra in rejoinder, the learned counsel for the applicants refers to the judgment passed by the Hon'ble Supreme Court in Civil Appeal No. 5966/2021 titled Ajay Kumar Shukla and Others Versus Arvind Rai and Others along with connected cases dated 08.12.2021. The relevant paragraph of the same reads as under :-
"27. Once it is established that the seniority list was prepared in contravention to the statutory provisions laid down in Rules 1991, the seniority list could be interfered with. The Appointing Authority would be bound by the statutory rules and any violation or disregard to the statutory rules would vitiate the seniority list. The same would be arbitrary, de hors the rules and in conflict with Articles 14 and 16 of the Constitution. The only 8 Item No. 15 O.A. No. 2668/2022 M.A. No. 2743/2022 exception to the above would be where there is unreasonable delay which is unexplained."
7. Heard the learned counsel for the parties at length.
8. It is seen that in the judgment referred by the learned counsel for the respondents the facts are slightly different. In that case while allocating the zones the consent of the applicants was sought, however, in the present case the consent of the applicants has not been taken. Moreover, we are bound by the law laid down by the Hon'ble Apex Court as referred by the learned counsel for the applicants.
9. It is observed that the representation of the applicants is pending since 2019 and the respondents have chosen to sleep over it.
10. In the aforesaid facts and circumstances, the O.A. is disposed of with a direction to the respondents to consider and decide the aforementioned pending representation dated 21.02.2019 of the applicants as expeditiously as possible and till then status quo with respect to promotion to the rank of Assistant Commissioner be maintained. 9 Item No. 15 O.A. No. 2668/2022 M.A. No. 2743/2022
11. The O.A. is disposed of in the aforesaid terms. There shall be no order as to costs. Pending M.A., if any, shall also stand disposed of accordingly.
Order "dasti".
(Dr. Anand S. Khati) (Pratima K. Gupta)
Member (A) Member (J)
/dd/