Central Administrative Tribunal - Madras
P G Prabakaran vs M/O Finance on 3 January, 2024
Lof9 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH MA/310/00689/2023 in & OA/310/01190/2023 DATED THIS 03° DAY THE WEDNESDAY OF JANUARY TWO THOUSAND TWENTY FOUR CORAM : HON'BLE SMT. LATA BASWARAJ PATNE, MEMBER (J) HON'BLE SHRI. VARUN SINDHU KUL KAUMUDI, MEMBER (A) 1. P.G.Prabakaran s/o P. Ganapathy (Age-65) Assistant commissioner of Customs (Rtd.) No.47-B, 4" street, Govindasamy Nagar Madipakiam, Chennai-600 091; A.T.Sridharan s/o A.T.Krishnaswamy (Age-65) Superintendent of CGST & C.Excise (Rtd.) G-1, Sree Narayana Flats, Nanmangalam Chennai-600 129; N.Murali s/o E.R.Narasimhan (Age-58) Assistant Commissioner 50/43, Baroda 4" street, West Mambalam Chennai-600 033 R.Natarajan s/o K.Ramaiah Pillai (Age-67) Assistant Commissioner of Central Excise (Rtd.) Al, Regency Apartments, 68 Beach Road Kalashetra Colony, Besant Nagar, Chennai-600 090; M.Ravikumar s/o R.Ayyavoo James @ Munusamy (Age-57) Assistant Commissioner, Division-1, GST & C.Excise Puducherry-605 010; Y.Narayanan s/o M.K.Vencatachalam (Age-63) Superintendent of CGST & C.Excise (Rtd.) Plot No.3, Flat No.G-2, Khurinji Japonica Park Avenue, 3™ street, Velachery, Chennai-600 042; Agvs 10. Il. 12. 13. 14. 20f3 Narendra Pal s/o Pratap Singh Pal ( Age-57) Assistant Commissioner, Karaikal Division GST & C.Excise Puducherry Commissionerate, Puducherry; §.Kannappan s/o Srinivasan (Age-71) Superintendent of C.Excise (Rtd.) 1, Moovar Thottam, Vaikkal Medu Road Nasiyanur (P.O), Erode-638 107; K. Rajeev s/o Padmanabhan Nambiar (Age-64) Assistant Commissioner of GST & Central Excise (Rtd.) C-202, Rajiv Nagar, Pallikuppam Main Road Vanagaram, Chennai-600 077; G.Somasundaram s/o §.Ganapathy (Age-69) Superintendent of C.Excise (Rtd.) 3/84, Chinn Goundar Thottam, Bodinaickenpatty Singalandapuram Post, Rasipuram T.K. Namakkal Dt.; §. Arockiasamy s/o Sebastian (Age-65) Superintendent of CGST & C.Excise (Rtd.) Flat No. $.4, SDB's Castle Plot No.48, 3" street "VGP Santhanammal Nagar, Gowrivakkam Chennai-600 073; K.G.Murugan s/o R.Ganapathi (Age-66) Superintendent of CGST & C.Excise (Rtd.) 3/1847B, Veppamarathu Kottai, Vennampatty Road, Dharmapuri-636 701; Ayodhya Dawar s/o Dr.H.M.L. Dawar (Age-62)} Assistant Commissioner of GST & Central Excise (Rtd.) R. 36, Plaza Green Acres, Kamraj Nagar, 2°* Main Road, Perungudi, Chennai-600 096; K.Srinivasan s/o V.R. Krishnamachari (Age-64) Assistant Commissioner of GST & Central Excise (Rtd.) GA, Ramaniyam Brindavan Apartments, 13/6, Noor Veerasamy street, Nungambakkam, Chennai-600 034; 15. 16. 17, 18. 19, 20. 21. 22. 30f9 V.Selvam s/o A. Venu (Age-59) Superintendent of CGST & C.Excise Valasaravakkam Division, Chennai South Commte. Anna Nagar, Chennai-600 040; C.Ravi s/o R.Chinnakannu (Age-58) Superintendent of CGST & C.Excise Porur V Range, Porur Division Chennai South Commte. Anna Nagar, Chennai-600 040; Latha S.Ramesh w/o S.Ramesh (Age-54) Assistant Commissioner of GST & Central Excise Chennai Outer Commissionerate Anna Nagar, Chennai-600 040; R.Geetha w/o N.Rangarajan (Age-61) Superintendent of CGST & C.Excise (Rtd.) No.7, 2A, 2nd Cross street, United India Colony Kodambakkan, Chennai-600 024; A.Karunakar s/o A.Krishnaiah (Age-63) Assistant Commissioner of GST & Central Excise (Rtd.) B-104, Purva Jade Apartments 170, Arcot Road, Valasaravakkam, Chennai-600 087; §.Vadivelu s/o Shanmugam (Age-64) Superintendent of CGST & C.Excise (Rtd.) No.12, SA, Jain Flat, 1* Main Road, Mandaveli R.A.Puram, Chennai-600 028; Anusuya Vadivelu W/o 8. Vadivelu (Age-62) Appraiser of Customs (Rtd.) No.12, SA, Jain Flat, 1 Main Road, Mandaveli, R.A.Puram, Chennai-600 028 A. Jayaraman s/o Annamalai (Age-62) Superintendent of Customs (Rtd.} Park Royale Apartment, Flat-D, No.58, Park Road Anna Nagar West Extn., Chennai-600 101; 7. 4of9 V.Thangarajan s/o Vairamuthu (Age-64) Assistant Commissioner of Customs (Rtd.) 58A/11, Officers Colony, M.A.M, Plaza Apartment Puthur, Trichy-620 017, evenness Applicants (By Advocate: M/s. P. Ayyamperumal) Versus The Union of India, Ministry of Finance Department of Revenue, North Block, New Delhi-1 10001 Represented by its Secretary; Central Board of Indirect Taxes & Customs North Block, New Delhi-110 001 Rep. by its Chairman; Department of Expenditure, Ministry of Finance, North Block, New Delhi-11 001 Represented by its Secretary; The Principal Chief Commissioner of GST & Central Excise No.26/1, Mahatma Gandhi Road Nungambakkam, Chennai-600 034; Principal Commissioner of Customs (General) Chennai VU Commissionerate, Custom House No.60, Rajaji Salai, Chennai-600 (01; Principal Commissioner CGST (North) No.26/1, Mahatma Gandhi Road ~ Nungambakkam, Chennai-600 034; Commissioner CGST (Outer) Chennai No.2054-1, 1 Avenue, 12" Main Road, Newry Towers Anna Nagar, Chennai-600 040; Commissioner of Customs, Chennai VI Audit Commissonerate, Custom House No.60, Rajaji Salai, Chennai-600 001; 10. il. 12. 13. 5o0f9 Commissioner (CGST) Audit-I 1775, IN. Inner Ring Road, Anna Nagar (West Extn.) Chennai-600 101; Commissioner CGST No.1, Foulks Compound, Anaimedu Salem-636 001; Commissioner CGST (South) 692, Anna Salai, M.H.U. Complex Nandanam, Chennai-600 035; Commissioner of CGST (Audit-IT) 692, Anna Salai, M.H.U Complex, 6" Floor Nandanam, Chennail-600 035; Commissioner of Customs (Preventive) No.1, Williams Road, Cantonment Trichirapalli-610 001. ....... Respondents. (By Advocates: Mr. Su. Srinivasan, Sr. CGSC) 6o0f9 ORALORDER
(Hon'ble Smt. Lata Baswaraj Patne, Member(J) By this Original Application, the applicant is seeking the following reliefs:-
"(A). This Hon'ble Tribunal may graciously be pleased to call for records and proceedings of the case which led to the passing of 'the orders i.e. (i) Office Memorandum in File No.6/37/98-IC. dated 21.04.2004 i.e.Annexure-Al and (i) Office Memorandum in File No .A-26017/65/2003-Ad.II-
A(Pt) dated 11.05.2004 ie, Annexure A2 and its subsequent (latest) Office Memorandum in File No.A- 26017/65/2003-Ad.I-A(Pt) dated 25.07.2023 i.e. Annexure A3 and after going through their propriety, legality and constitutional validity be pleased to quash and set aside the same only to the extent it makes the revised pay scale effective from 21.04.2004 instead of 01.01.1996, with further directions to the respondents to grant the benefit of revised scale/grade w.e.f. 01.01.1996 with appropriate pay and pension fixation and actual benefit i.e. grant of Rs.6500- 10500 w.e-f. 01.01.1996 to Inspector (Central Excise & Customs) and Rs. 7500- 12000/- w.e.f. 01.01.1996 to superintendent(Central Excise & Customs) along with actual arrears of pay and pension with 18% interest thereon.
(B) The Hon'ble Tribunal may graciously be pleased to hold and declare that the impugned action of the respondents to revise the pay scale from 21.04.2004 (Annexure-Al) is absolutely arbitrary and illegal and 70f9 accordingly hold, declare and direct the respondents that the Inspectors and superintendent (Central Excise & Customs) are entitled to the revised pay scales of Rs.6500-10500 w.e.f, 01.01.1996 to Inspector (Central Excise & Customs) and Rs.7500-12000/- w.e.f. 01.01.1996 to superintendent (Central Excise & Customs) with all consequential benefits ic. proper pay fixation, pension fixation, actual arrears of salary, pension and other retiral dues with 18% interest thereon.
(C) Any other and further additional orders as this Hon'ble Tribunal deems fit and proper in the nature and circumstances of the case may be passed.
(D) Cost of the application be provided for."
2. When the matter has been taken up for hearing at admission, the learned counsel for the applicants submits that the issue in respect of pay fixation has already been settled by various pronouncements by co-ordinate benches as well and the same have been confirmed in the case of similarly situated employees in the department. The applicants have submitted their detailed representations on various dates in the year 2023, the latest being ia October, 2023, but the respondents have so far, not considered and decided the same. Hence, the applicants filed the instant OA seeking the aforesaid relief.
3. On the other hand, Mr. Su. Srinivasan, Sr. CGSC, who takes notice on behalf of the respondents, raised an objection on the ground that in matters pertaining to fixation of pay as well as pay, the applicants have to rake up the (3 8of9 said issue in time. The order which is relied upon by the applicants, shows that the employees approached various Tribunals, since 1985 onwards, for and after considering their claims, orders have been passed. The applicants in the instant instant OA, being the fence sitters, cannot claim the benefit of the said orders which have been tested on their own merit, that, too, well within the period of limitation.
4, The Ld. Counsel for the respondents further submits that though the applicants have approached this Tribunal, they have not explained the delay and laches.
5. On the other hand, the learned counsel for the applicants submits that, in the matter of pay fixation, it is a continuous recurring cause of action, and, therefore, he has relied upon the judgements which are in his favour.
6. The learned counsel for the respondents further opposed the relief on the ground that none of the applicants have given their service particulars and approached the Tribunal after retiring approximately 15 to 20 years back.
7. In view of the submissions made by the parties, with the limited relief, the applicants are at liberty to give a comprehensive detailed representation, providing their service particulars, within two weeks from the date of receipt of a copy of the order. The respondents, upon receipt of the same, are directed to consider and decide the same in accordance with law 90f9 within a period of four months, thereafter. It is made clear that the above said direction will not extend the period of limitation, while considering the claim of the applicants. Since we are disposing of the OA, with limited relief, the MA for joining together is closed.
y 8 With the above direction, the OA is disposed of. MA stands closed. No order as to costs. _--
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