Central Administrative Tribunal - Madras
S Murali vs M/O Finance on 13 January, 2023
ru I OA 310/00371/2021 CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA/310/00371/2021 Dated Friday the 13" day of January Two Thousand Twenty Three CORAM : HON'BLE MS. MANJULA DAS, Member (J) & HON'BLE MR. T. JACOB, Member (A) 1S. Murali 2. Daleel Ahmed 3. Uma Maheswari 4, D. Kumaraswamy 5. K.R. Prakasam 6. A. Muralidhara Rao 7. Y. Sudhakar Rao 8. L. Paneerselvam 9, P. Kanakavel 10. K. Moganan 11. B.S. Balavinayagam 12. P. N. Swaminathan 13. T.S. Janaki 14. R. Arun Singh 15. Susan Verghese 16. S. Rajasekaran 17. G. Jayaraman 18. R.R. Kesava Rao 19. R. Varadhan 20, G. Ramaswamy 21. Bojja Joseph 22. T. Ananthan 23. T. Perumal 24, E, Chandrasekar 25, Indra Ramesh 26. T. Raju 27. P. Jayapalan 28. J. Babu 29, M. Panneerselvam 30. G, Sekar 31. G. Navaneethakrishnan 32. Kk. Balaraman 33. R. Padmanaban Cert 34. R. Jothi Ram 35. B. Loganathan 36. P. Senthamaraikannan 37. A. Murugan 38. V. Mani 39. S.M. Aejaz Mohamed 40, E. Ganapathi 41. A. Muthukrishnan 42. N. Sethuraj 43. R. Rangarajan 44. Woolridge Lindsay Barry 45. G. Ravisankar 46, T. Veerapandian 47. P. Somanathan 48. J. Sivakumar 49. P. Rajendiran 50. S. Tamilmani 31. A. Roshan Khan 52. 8. Gajendran 53. 1, Meenatchi 54, K. Doraisamy 55. R, Kanagaraj 56. G. Sekar 57. R. Vijayakumar 58. P. Ramakrishnan 59. R. Jayabalaswamy 60. P. Subramanian 61. P. Vajravelu 62. AK. Jaaganathan 63. V. Rajendran 64, PB. Sarvodhin 65. P. Ravindran 66. Srinivasan Venkateshan 67. A.M. Krishnamoorthy 68. M. Vijayalakshmi 69. C. Thirumalaiswamy 70. G. Bazul Ashhab 71.8. Balamurali 72. Antony Lawrence 73. R. Ganesan 74, N. Rajendran 75. K. Manian 76. C. Rajan 77. P, Devarajan OA 310/00371/2021 3 OA 310/00371/2021 78. V.P. Veluswamy 79. §. Tangovan 80. M. Sbramanian 81. R. Cahndhiramoorthi 82. V. Natarajan $3. S. Kannappan 84. S. Duraisamy 85. R. Mani 86, M. Muruganandham 87. V. Govindsamy 88. M. Gopal 89. M. Ramasamy ... Applicants By Advocate M/s. S. Sankaranarayanan Vs 1. Union of India Represented by the Secretary Department of Revenue Ministry of Finance New Delhi -- 110 001. 2. The Chairman Central Board of Indirect Taxes and Customs North Block, New Delhi -- 110 001. 3. The Principal Chief Commissioner of GST & Central Excise Tamilnadu & Pondicherry 121, Uthmar Gandhi Salai, Nungambakkam, Road Chennai 600 034. 4, The Principal Chief Commissioner of Customs, Custom House Rajaji Salai, Chennaj -- 600 001. 5. The Principal Commissioner of Customs, Custom Commissionerate -- VIII Custom House Rajaji Salai, Chennai -- 600 001. 6. The Principal Commissioner of GST & Central Excise Chennai South Commissionerate MHU Complex, 692 Anna Salai Nandanam, Chennai -- 600 035. 4 OA 310/00371/2021 7. The Principal Commissioner of GST & Central Excise Chennai Outer Commissionerate Newry Towers 2054, I Block, 2"? Avenue Anna Nagar, Chennai -- 600 040. 8. The Additional Director General Directorate of Revenue Intelligence No, 27, GN Chetty Road, T:Nagar Chennai -- 600 017. 9, The Additional Director General Directorate of GST Intelligence (OGGI) Chennai Zonal Unit, V and VII Floor Tower If, BSNL Building No. 16, Greams Road Chennai -- 600 006. 10. The Principal Commissianer of GST & Central Excise GST Audit I Commisionerate No. 1775, Jawaharlal Nehru Inner Ring Road Anna Nagar West Extension Chennai 600 101, 11. The Principal Commissioner of GST & Central Excise GST Audit-IT Commissionerate ; 692, Anna Salai, MHU Complex GST Nilayam, Nandanam Chennai -- 600 035. 12. The Principal Commissioner of Central Excise & GST 6/7 ATD Street, Race Course Road Coimbatore 641018. 13. The Principal Commissioner of Central Excise & GST Trichy Commissionerate No, 1, Williams Road, Trichy -620 001. 14, The Principal Commissioner of Customs Trichy Commissionerate No. 1, Williams Road, Trichy -620 001. 15, The Principal Commissioner /Commissioner of Customs 5 OA 310/00371/2021 Tuticorin Commissionerate Custom House, Tuticorin -628 004. 16. The Principal Commissioner / Commissioner of Central Excise & GST Madurai Commissionerate and Tirunelveli Sub Commissionerate No. 4, Lalbahadur Shastry Road Revenue Buildings, B.B. Kulam, Madurai 625 002. 17. The Principal Commissioner/ Commissioner of GST and Central Excise Coimbatore Audit Commissionerate 6/7, ATD Street, Race Course Road Coimbatore -- 600 018. 18, The Commissionerate of GST & Central Excise 1, Foulkes Compound Anai Road, Anaimedu, Salem -- 636 001: -. Respondents By Advocate Mr. Umesh Rao. K 6 OA 310/00371/2021 ORAL ORDER
(Pronounced by Hon'ble Ms. Manjula Das, Member(J)) The reliefs prayed for in this OA is as follows:
"i. To call for the records from the respondents who issued letters denying the notional one increment to the applicants and set aside the same-as arbitrary and illegal. ii. To direct the respondents to consider and dispose of all the representations submitted to them by the applicants within a reasonable period.
iii, To direct the respondents to grant the benefit of one notional increment to the applicants at the earliest with all consequential reliefs iv, To issue appropriate directions or orders which this Honorable Tribunal deems fit, just and proper in the facts and circumstance of the case to meet the ends of justice and v. To award costs to the applicants."
2. The applicants in this OA are aggrieved by the refusal of the respondents to consider their representations for the grant of one Notional increment on their retirement on 30" June during the period from 2007 to 2020. Leaned counsel for the applicant submits that thought the issue is settled by the Hon'ble Apex Court, the respondents were not extending similar benefits to the similarly placed officers. It is submitted that the respondents in this OA have refused to grant the notional increment to most of the applicants herein stating that the judgment in the 7 OA 310/00371/2021 Ayyamperumal case is in personam and not in rem. Some of the applicants are yet to receive replies from the respondents. Hence this OA.
3. When the matter is taken up for hearing, learned counsel for the applicant by producing a copy of the order of this Tribunal passed in O.A. 426 of 2010 dated 01.09.2020 submits that the issue involved in instant case is squarely covered by the above decision of the Tribunal and drawn our attention to the operative portion of the order in OA No. 426/2020 which is extracted hereunder:-
"ll. For the foregoing reasons, the O.A. is allowed, directing that the applicant, who retired from service on 30.06.2014, shall be extended the increment payable on 1* July of the respective year. His pension shall also be revised, subject to fulfilment of other conditions, which are applicable. The arrears that become due shall be paid without interest. While extending such benefits, a clause shall be incorporated to the effect that in case the Hon'ble Supreme Court takes a different view in the Civil Appeal arising out of SLP No. 4722/2021, he Shall be under obligation to refund the entire benefit without any demur, The aforesaid exercise shall be completed within a period of three months from the date of receipt of a copy of this order."
Learned counsel for the applicant submits that the applicant would be satisfied if a similar direction is passed in this matter also. 4, Counsel representing learned counsel for the respondents has no objection.
5. On perusal of the OA it is seen that this issue is squarely covered by the decision of this Tribunal in OA 426/2020 dated 01.09.2021 and it is appropriate to pass similar order in this matter also. ee EE t} 8 OA 310/00371/2021
6. In view of the above, the O.A. is allowed, directing that the applicants, who retired from service on 30" June during the period from 2007 to 2020, shall be extended the increment payable on 1* July of the respective year. His pension shall also be revised, subject to fulfilment of other conditions, which are applicable. The arrears that become due shall be paid without interest. While extending such benefits, a clause shall be incorporated to the effect that in case the Hon'ble Supreme Court takes a r different view in the Civil Appeal arising out of SLP No. 4722/2021, they shall be under obligation to refund the entire benefit without any demur. The aforesaid exercise shall be completed within a period of three months from the date of receipt ofa copy of this order. No costs. _ | W