Central Administrative Tribunal - Jaipur
Central Goods & Service Tax ... vs Ramchandra on 17 May, 2023
1
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
OA No. 23/2020 with MA No. 164/2023, OA No.
436/2020, OA No. 502/2020, OA No. 02/2021, OA No.
80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022
with MA No. 247/2022
Order reserved on 10.05.2023
DATE OF ORDER: 17.05.2023
CORAM
HON'BLE MR. DINESH SHARMA, ADMINISTRATIVE MEMBER
HON'BLE MRS. HINA P. SHAH, JUDICIAL MEMBER
OA No. 23/2020 with MA No. 164/2023
Ram Chandra S/o Shri Mansha Ram, aged about 65
years, R/o 111, Everest Vihar, Kings Road, Nirman
Nagar, Jaipur-302019 (Raj.) earlier working as
Superintendent, Mob. 9413336020 (Group - 'B' Post).
....Applicant
Shri Vinod Goyal, counsel for applicant.
VERSUS
The Chief Commissioner, Goods and Service Tax
(GST), Commissionerate, Jaipur - Zone, NCR Building,
Statue Circle, Jaipur-302005 (Raj.).
.... Respondent(s)
Shri Rajendra Vaish, counsel for respondent(s).
OA No. 436/2020
1. Yash Pal Singh S/o Late Shri Risal Singh, age
around 65 years, R/o 71/9A Madhyam Marg,
Mansarovar, Jaipur-302020. Retd. as DDM (PLI)
O/o Chief PMG Raj Circle Jaipur-7 Mob. No.
9414446351 (Group-A).
2
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
2. Gauri Shankar S/o Shri Gulla Ram, age around
60 years, Resident of Ganesh Vihar, Benad Road,
Jaipur. Retired Supdt., CSD Jaipur, (Mobile No.
9829536096). (Group-B).
3. Surendra Peepliwal S/o Late Shri Ganga ram age
around 68 years, Resident of 28 Shri Moji Nagar
colony sector 8 Pratap nagar Sanganer jaipur-33.
Retired as Sorting Assistant Jaipur RMS JP Dn.
Jaipur (Mob No. 9460304437) Group-C).
4. Panchoo Ram Jangid S/o Late Shri Badri
Narayan Jangid, age around 72 years, R/o 65
Ramdwdara Colony, Sanganer Bazar, Jaipur.
Retired as Office Asstt. O/o SSPO'S Jaipur City
Dist. Jaipur (Group-C).
5. Jagdish Narain Sharma S/o Late Shri Vijay Lal
Sharma, Age Around 60 Years R/o 10, Gopi
Vihar, Sawai Madhopur Pullia Ke Pass, Sanganer
Jaipur-302029. Retired SPM Sector 11 Pratap
Nagar P.O. Jaipur, Jaipur City Dn. Dist. Jaipur
(Group-C).
6. Om Prakash Sharma S/o Late Shri BihariLal
Sharma, age around 60 years, Resident of Plot
No. 260 Vasundhra Colony, Gopal Pura by Pass,
Tonk Road, Jaipur (Mobile No. 9829021639).
Retired Sorting Asstt. Jaipur RMS JP Dn. Jaipur
(Group-C).
7. Mitha Lal Nagar S/o late Shri Tulsi ram, age
about 60 years, R/o B 201 Gurushikhar
apartments, Tonk Road Ajairajpura Jaipur
303903. Retired Postmaster, Jawahar Nagar HO
Jaipur City Dn., Jaipur (mob no. 8696666023).
(Group-C).
....Applicants
Shri Mukesh Agarwal, counsel for applicants.
VERSUS
1. Union of India through the Secretary,
Department of Posts, Government of India,
Ministry of Communications and Information
Technology, Dak Bhawan, Sansad Marg, New
Delhi-110001.
2. Chief Post Master General, Rajasthan Circle,
Postal Department, Jaipur (Rajasthan) - 302007.
3. Senior Superintendent of Post Offices, Jaipur City
Division, Jaipur-302006.
3
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
4. Senior Superintendent, RMS JP Dn., Bari House,
Jaipur-302006.
.... Respondents
Shri Abhishek Sharma, proxy counsel for
Shri A.S. Shekhawat, counsel for respondents.
OA No. 502/2020
1. Jamil Ahmad S/o Late Shri Abdul Rasid, Age
around 62 years, R/o 131 Sanjay Nagar 'C'
Kalwar Road, Near Noorani Masjid, Jaipur-
302012. Retired as Postal Assistant, Jaipur GPO
Jaipur. Mob. No. 9414888776 (Group-C).
2. Mohan Lal Verma S/o Late Shri Chanda Lal, Age
around 66 years, R/o A-421, Murlipura Scheme,
Jaipur-302039. Retired as Shorting Postman,
Murlipura, Post Office Jaipur. Mob No.
9309039790.
....Applicants
Shri Mukesh Agarwal, counsel for applicants.
VERSUS
1. Union of India through the Secretary,
Department of Posts, Government of India,
Ministry of Communications and Information
Technology, Dak Bhawan, Sansad Marg, New
Delhi-110001.
2. Chief Post Master General, Rajasthan Circle,
Postal Department, Jaipur (Rajasthan) - 302007.
3. Senior Superintendent of Post Offices, Jaipur City
Division, Jaipur-302006.
.... Respondents
Shri Deepanshu Sharma, proxy counsel for
Shri Anand Sharma, counsel for respondents.
OA No. 02/2021
1. Govind Prasad Sharma S/o Late Shri Deoki
Nandan Sharma, age around 62 years, R/o E-
144, Ram Path, Shyam Nagar, New Sanganer
Road, Jaipur. Retired as Technical Officer, O/o
HQ CE SWC, Jaipur (Group 'B' Gazetted). Mob. -
9001587797.
4
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
2. H.N. Mathur (MES no. 186051) S/o Late Sh.
Suraj Narain Mathur, age around 61 years R/o
3/41, Kesari Chand Choudhary Nagar, Ajmer
Road, Jaipur-302021. Retired as Technical Officer
in the office of HQ Chief Engineer, Jaipur Zone,
Jaipur. Mob. - 8057340520 (Group 'B' Gazetted).
3. Radhey Shyam Mandawat S/o Late Shri Bhairon
Lal Age around 65 years R/o D-90/G-I RMR
Residency, Manglam City Kalwar Road, Hathoj
Jaipur - 302012. Retired as Adm. Officer-II, from
office of HQ CWE, Jaipur (Group B). Mob. No.
9829984947.
4. Mukesh Kumar Sharma S/o Sh. Sushil Kumar
Sharma, age around 61 years R/o-232, Laxmi
Nagar, Niwaru Road, Jhotwara, Jaipur. Retired as
Assistant Garrison Engineer (Technical) from the
O/o Garrison Engineer, Jaipur (Group B Gazette)
Mobile no. 941357028.
5. Krishan Gopal Sharma S/o Late Shri Anant Ram,
Age around 62 years, R/o 111, Raman Puri,
Nangal Jaisa Bohra, Benad Road Jaipur-302040
Retd. as Painter SK HS II O/o AGE (P&R), GE
Jaipur (Group C), Mobile no. 9166408588.
6. Shiv Sharan Sharma S/o Late Shri Deo Shankar
Sharma, age around 62 years R/o F-43 Kamala
Nagar, Agra - 282005 (U.P.) Retd. as A.E. (Qs &
C), Garrison Engineer (South), Military Engineer
Services Kalyan Marg, Jaipur - 302006 (Group B
Gazette). Mob. No. 9416972188.
7. Ghanshyam Mahaver S/o Shri Gokul Chand, Age
around 61 years, R/o 39, Lata Nagar, Opposite
Power House, Kalwar Road, Jaipur-302012. Retd.
as Executive Engineer/Deputy Director, Chief
Engineer, HQ South Western Command-908546,
C/o 56 APO. Mob. (Group A) No. 8440895125.
8. Ram Chandra Prasad S/o Shri Prasad, Age
around 61 years, R/o B-47, Govind Nagar (Near
Gokulpura), Takiya Ki Chowki, Kalwar Road
Jhotwara, Jaipur, Raj. - 302012. Retd. as AE (QS
& C) as Addl. Assist. Director (Contracts), HQ
Chief Engineer Jaipur zone, Power House Road,
Banipark, Jaipur-302006 Mob. No. 0941471135.
(Group B Gazette).
9. Deepak Kumar Mathur S/o Late Shri B.M. Mathur,
Age around 63 years R/o A-20, Amanishah Road,
Tiwari Bhawan, Ram Nagar, Shastri Nagar, Jaipur
- 302016. Retd. as AE (QS & C), HQ Chief
Engineer, Jaipur zone, Power House Road,
Bankpark, Jaipur - 302006. Mob. No.
5
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
09414719135 (Group B Gazette). Mob. No.
9462278588.
10. Shiv Kumar S/o Shri Natthi Lal, Age around 62
years, R/o 30-31, Bhartendu Nagar, Khatipura,
Jaipur-302012 Retd. as Assistant Engineer
(Civil), HQ Chief Engineer, Jaipur Zone, Old
Power House Road, Banipark, Jaipur - 302006.
(Group B Gazette). Mob. No. 9829569418.
....Applicants
Shri Mukesh Agarwal, counsel for applicants.
VERSUS
1. Union of India through the Secretary, Ministry of
Defence, South Block, New Delhi - 110011.
2. Director General Personnel/EIB, Engineer-in-
Chief's Branch, Integrated HQ of MOD (Army),
Kashmir House, Rajaji Marg, New Delhi -
110011.
3. Chief Engineer (Hq), South Western Command
C/o 56 APO.
4. Chief Engineer, Head Quarters, Jaipur Zone,
MES, Power House Road, Bani Park, Jaipur-
302006.
5. Garrison Engineer, MES, Khati Pura Road, Jaipur-
12.
6. Garrison Engineer (South), Military Engineer
Services Kalyan Marg Jaipr-302006
.... Respondents
Shri Manish Kumar Sharma, counsel for respondents.
OA No. 80/2021
Shri Sushil Kumar Gupta S/o Shri Balesh Kumar
Gupta, aged about 64 years, r/o 133-B, Shakti Nagar,
Gajsinghpura, Ajmer Road, Jaipur-302001. Presently
Retired from the post of Postman on 30/06/2017 from
the department of Posts.
9829321545.
....Applicant
Shri B.K. Jatti, counsel for applicant.
VERSUS
6
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
1. Union of India through the Secretary, to the
Govt. of India, Department of Posts, Sansad
Marg, New Delhi-110001.
2. Chief Post Master General, Rajasthan Circle,
Jaipur - 302007.
3. Senior Superintendent of Post Offices, Jaipur City
Division, Jaipur-302006.
.... Respondents
Shri Deepanshu Sharma, proxy counsel for
Shri Anand Sharma, counsel for respondents.
OA No. 255/2021
1. Mamraj Sharma S/o Shri R.D. Sharma, R/o 328A,
Tagore Nagar, Ajmer Road, Jaipur, retired
Superintendent, Office of The Chief
Commissioner of CGST & Central Excise (Jaipur
Zone), NCR Building, Statue Circle, Jaipur Zone,
Jaipur (Rajasthan) - 302005, Group-B Officer,
Mobile No. 9460124086.
2. Kailash Chandra Tiwari S/o Lt. Shri Bankat Lal
Tiwari, R/o F-59A, F-Block, Sector 14,
Hiranmagri, Udaipur, retired Assistant
Commissioner, Office of The Chief Commissioner
of CGST & Central Excise (Jaipur Zone), NCR
Building, Statue Circle, Jaipur Zone, Jaipur
(Rajasthan) - 302005, Group-A Officer, Mobile
No. 9414702805.
3. J.M. Johia S/o Shri Ram Kumar, R/o 250/81,
Pratap Enclave, Haldighati Marg, Pratap Nagar,
Jaipur-302017 retired Assistant Commissioner,
Office of The Chief Commissioner of CGST &
Central Excise (Jaipur Zone), NCR Building,
Statue Circle, Jaipur Zone, Jaipur (Rajasthan) -
302005, Group A Officer, Mobile No.
9414500227.
4. Karni Dan Detha S/o Shri Tilok Dan Detha, R/o 8,
Ganesh Nagar, New Sanganer Road, Sodala,
Jaipur retired Assistant Commissioner, Office of
The Chief Commissioner of CGST & Central
Excise (Jaipur Zone), NCR Building, Statue Circle,
Jaipur Zone, Jaipur (Rajasthan) - 302005, Group
A Officer, Mobile No. 8209969995.
5. Santosh Kumar Sharma S/o Shri Sitaram Sharma
R/o 36, Vijay Nagar, near K.V. No. 2, Jhotwara,
Jaipur, retired Supervisor, Office of The Chief
Commissioner of CGST & Central Excise (Jaipur
7
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
Zone), NCR Building, Statue Circle, Jaipur Zone,
Jaipur (Rajasthan) - 302005 Group B (Non-
Gazetted) Officer, Mobile No. 9928670107.
6. Kishan Kumar Gupta S/o Shri Madan Mohan
Gupta, R/o 1-E-77, Jai Narayan Vyas Colony,
Bikaner, retired Superintendent, Office of The
Chief Commissioner of CGST & Central Excise
(Jaipur Zone), NCR Building, Statue Circle, Jaipur
Zone, Jaipur (Rajasthan) - 302005 Group B
Officer, Mobile No. 707306101.
7. Khem Singh Lalas S/o Shri Manoj Singh, R/o
116-117, Mahaveer Nagar, Paota 'C' Road,
Jodhpur, retired Superintendent, Office of The
Chief Commissioner of CGST & Central Excise
(Jaipur Zone), NCR Building, Statue Circle, Jaipur
Zone, Jaipur (Rajasthan) - 302005 Group B
Officer, Mobile No. 8107888991.
8. Ramdev Raiger S/o Shri Ramnath, R/o 172,
Muktanand Nagar, Gopalpura Bypass, Towards
Pooja Tower, Near Ayyapa Temple, Tonk Road,
Jaipur, retired Assistant Commissioner, Office of
The Chief Commissioner of CGST & Central
Excise (Jaipur Zone), NCR Building, Statue Circle,
Jaipur Zone, Jaipur (Rajasthan) - 302005, Group
A Officer, Mobile No. 9414236976.
....Applicants
Shri Ankit Bishnoi, proxy counsel for
Shri Arun Goyal, counsel for applicants.
VERSUS
1. Union of India through Secretary, Ministry of
Finance, Govt. of India Department of Revenue,
North Block, New Delhi - 110001.
2. The Chairman, Central Board of Indirect Taxes &
Customs, North Block, New Delhi - 110011.
3. Chief Commissioner of CGST, Central Excise &
Service Tax Jaipur (Jaipur Zone), Cadre Control
Unit, NCR Building, State Circle, Jaipur Zone,
Jaipur (Rajastan) - 302005.
4. The Commissioner of Customs (Preventive),
Jodhpur Hqrs at NCR Building, Statue Circle,
Jaipur Zone, Jaipur (Rajasthan) - 302005.
.... Respondents
Shri Abhishek Sharma, proxy counsel for
Shri A.S. Shekhawat, counsel for respondents.
8
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
OA No. 277/2021
01. Satish Kumar Chaturvedi S/o Late Shri
Raghuveer Chaturvedi, age about 63 years, R/o
Plot No. 12, Narayan Singh Bhati Path, Banipark,
Jaipur-16, Rajasthan retired while holding post
of Statistical Instructor-I, (SI-I) from the office
of Directorate of Census Operation Rajasthan
(Mob. 9928995588).
02. Gokul Chand Verma S/o Shri Rampal Verma,
age about 64 years, R/o 12 Sriram Nagar
Colony, Sanganer, Jaipur Rajasthan, retired
while holding post of Statistical Instructor-I, (SI-
I) from the office of Directorate of Census
Operation Rajasthan (Mob. 9413974816)).
03. Gulam Nabi S/o Late Shri Abdul Samad Khan,
age about 61 years, R/o 2JHA16, Shastari
Nagar, Housing Board, Jaipur-16 Rajasthan
retired while holding post of Office
Superintendent (OS) from the office of
Directorate of Census Operation Rajasthan
(Mob. 9887057040).
04. Yogesh Kumar Bhargav S/o Late Shri Banwari
Lal Bhargav, age about 61 years, R/o F-27,
Ramesh Marg, C-Scheme, Jaipur Rajasthan,
retired while holding post of Senior Supervisor
from the office of Directorate of Census
Operation Rajasthan (Mob. 9414045842).
05. Kailash Chand Gupta S/o Shri Mool Chand
Gupta, age about 63 years, R/o E-210A,
Ramnagar, Extension, New Sanganer Road,
Sodala, Jaipur Rajasthan, retired while holding
post of Statistical Instructor-I, (SI-II) from the
office of Directorate of Census Operation
Rajasthan (Mob. 9314564609).
06. Sanjay Kumar Jain S/o Shri Prakash Chand
Jain, age about 61 years, R/o Plot No. 211,
Vasundhara Colony, Tonk Road, Jaipur
Rajasthan, retired while holding post of Senior
Supervisor from the office of Directorate of
Census Operation Rajasthan (Mob.
9413206371).
07. Chanda Lal Meena S/o Late Shri Bhori Lal
Meena, age about 63 years, R/o A-1, Badgoti
Bhawan, Aamwali Kothi, Surya Nagar, Taron Ki
Koot, Tonk Road, Jaipur Rajasthan, retired while
holding post of Senior Supervisor from the office
of Directorate of Census Operation Rajasthan
(Mob. 9024421467).
9
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
08. Purushotam Narayan Mathur S/o Shri Lallu Lal
Mathur, age about 63 years, R/o 157, Prathi Raj
Nagar, Maharani Farm, Durgapura, Jaipur
Rajasthan, retired while holding post of Senior
Supervisor from the office of Directorate of
Census Operation Rajasthan (Mob.
9460381028).
09. Sashi Bala Joshi W/o Shri Pravesh Kumar
Joshi, age about 63 years, R/o 6-B, Jhalana
Doongri Jaipur Rajasthan, retired while holding
post of D.E.O. Grade-B from the office of
Directorate of Census Operation Rajasthan
(Mob. 9587400899).
10. Devendra Kumar Surana S/o Shri Khubi Lal,
age about 65 years, R/o S-1, Behind Jyoti
School, Samta Nagar, Bedla, Udaipur Rajasthan,
retired while holding post of Assistant Director
from the office of Directorate of Census
Operation Rajasthan (Mob. 935187270).
....Applicants
Shri Vinod Goyal, counsel for applicants.
VERSUS
1. Union of India through Registrar General &
Census Commissioner of India, office of RGI &
DCC-II Building, Ist Floor, Jaising Road, New
Delhi-110001.
2. The Director, Directorate of Census Operations
Rajasthan, 5B-Jhalana Doongri Jaipur-302004.
.... Respondents
Shri Rajendra Vaish, counsel for respondents.
OA No. 382/2021 with MA No. 25/2022
Anil Kumar Tiwari son of Shri Bhagat Prasad Tiwari,
aged about 62 years, resident of 993, Kotra, Aawasiya
Yojna, near Kalptaru Garden, Ajmer (Raj.) retired as
Electrical Forman Group-B, IBM, Ajmer (Raj.).
....Applicant
Shri K.K. Sharma, counsel for applicant.
VERSUS
10
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
1. General Controller, Indian Bureau of Mines,
Indira Bhawan, Civil Lines, Nagpur-440001.
2. Head of Office, Indian Bureau of Mines, Indira
Bhawan, Civil Lines, Nagpur-440001.
3. Regional Controller of Mines, Indian Bureau of
Mines, Makhupura, Industrial Area, Nasirabad
Road, Ajmer.
4. S.O. (O.D.) RMPL, Indian Bureau of Mines,
Makhupura, Industrial Area, Nasirabad Road,
Ajmer.
.... Respondents
Shri N.C. Goyal, counsel for respondents.
OA No. 41/2022 with MA No. 247/2022
01. Sunil Kumar Dixit S/o Shri Dwarika Prasad
Dixit, aged about 62 years, R/o Flat No. 705,
The Destination Gandhi Path West, Lalarpura,
Vaishali Nagar, Jaipur-302021, Retired w.e.f.
30.06.2020 holding the post of AEN/Track in
NWR Jaipur (M. 9983325268).
02. Anil Kumar Sharma S/o Shri C.P. Sharma,
aged about 70 years, R/o 92, S-2, Laxman
Apartment, Jagdish Marg, Girnar Colony, Gandhi
Path, Vaishali Nagar, Jaipur-302021, Retired
we..f. 30.06.2012 holding the post of Head
Booking Clerk in NWR Jaipur (M. 9950796064).
03. Ashok Kumar Sharma S/o Shri Chote Lal
Sharma, aged about 63 years, R/o Flat No. 526,
The Destination Gandhi Path West, Lalarpura,
Vaishali Nagar, Jaipur-302021, Retired w.e.f.
30.06.2019 holding the post of SS/SSGN Jaipur
in NWR Jaipur (M. 9414360244).
04. Ajeet Kumar Saluja S/o Shri Hansraj Saluja,
aged about 63 years, R/o House No. 261, Main
Officers Campus, Sirsi Road, Vishnu Marg, Lane-
4, Jaipur (Raj.) 302012, Retired w.e.f.
30.09.2019 holding the post of Senior Section
Officer (Accounts) in NWR Jaipur (M.
7357299115).
05. Sudhir Kumar S/o Suresh Chandra Mishra,
aged about 65 years, R/o Flat No. 202, Plot No.
165, Shivika Marg, Pratap Nagar, Vaishali Nagar,
Jaipur-302021, Retired w.e.f. 30.06.2017
holding the post of ATM (TT) in NWR Jaipur (M.
8114429520).
11
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
06. Padmanabh S/o Shri Devi Singh, aged about
65 years, R/o 3, Karni Kutir, Devi Marg, Bani
Park, Jaipur-302016, Retired w.e.f. 30.06.2017
holding the post of CTNL in NWR Jaipur (M.
9828137794).
07. Yashpal Malhotra S/o Shri TR Malhotra, aged
about 65 years, R/o A-220, Dr. Rajendra Prasad
Marg, Nehru Nagar, Jaipur-302016, Retired
w.e.f. 30.06.2017 holding the post of AFA/C/JU
in NWR Jaipur (M. 9414752102).
08. Praveen Chaturvedi S/o Late Shri D.N.
Chaturvedi, aged about 65 years, R/o 12/A Road
No. 1, Ganpati Nagar, Jaipur-302006, Retired
w.e.f. 30.06.2017 holding the post of CTI / JP in
NWR Jaipur (M. 9460061896).
09. Girjesh Kumar Srivastava S/o Shri JK
Shrivastava, aged about 65 years, R/o E-267,
Ram Nagar Extension, Sodala, Near MJRP
College, Jaipur-302019, Retired w.e.f.
30.06.2017 holding the post of SSE/FL/JP in
NWR Jaipur (M. 8112214669).
10. Ashok Gupta S/o Shri Maya Ram Gupta, aged
about 67 years, R/o C-66, Kardhani Scheme,
Govindpura, Kalwar Road, Jaipur-302012,
retired w.e.f. 30.06.2015 holding the post of
CTNL/JP in NWR Jaipur (M.9468804742).
11. Satya Narain Sharma S/o Sh. Shri Ram
Sharma, aged about 67 years, R/o House No.
292, Basant Vihar Scheme-3, Alwar (Raj.) -
301001 , Retired w.e.f. 30.06.2015 holding the
post of SS/Alwar in NWR Alwar (M.
9413047894).
12. Ashok Kumar Saluja S/o Shri Hansraj Saluja,
aged about 67 years, R/o Plot No. 57-58, Shyam
Nagar, Shivpuri Colony, Sri Ram Apartment,
Sodala, Jaipur-302019, Retired w.e.f.
30.06.2015 holding the post of CTI/JP in NWR
Jaipur (M. 9414455720).
13. Lahari Shankar Saini S/o Shri Mohan Lal Mali,
aged about 67 years, R/o C/o Honda Showroom,
Bus Stand Road, Gram Post and Tehsil Chauth
Ka Barwada, District Sawai Madhopur-322702,
Retired w.e.f. 30.06.2015 holding the post of Sr.
Section Officer (Accounts) in NWR Jaipur
(M.9001195578).
14. Shailesh Kumar Bhatnagar S/o Shri Narottam
Swarup Bhatnagar, aged about 68 years, R/o
144, Shanti Nagar, Nirman Nagar, Kings Road,
Jaipur-302019, Retired w.e.f. 30.06.2014
12
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA
No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No.
382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
holding the post of TNCR/CTI/JP in NWR Jaipur
(M.9413333030).
15. Prem Narain Sharma S/o Shri Mool Chand
Sharma, aged about 69 years, R/o C-8/C-21,
Rajendra Prasad Nagar, Ajmer Bypass Road,
Badrwas, Jaipur-302020, Retired w.e.f.
30.06.2013 holding the post of CMD/HQ in NWR
Jaipur (M.7627015422).
16. Kailash Prasad Gurjar S/o Shri Bhonri Lal
Gurjar, aged about 70 years, R/o Devatwal
Colony, Bdiyal Road, Ward No. 27, Bandikui,
District Dausa-303313, Retired w.e.f.
30.06.2012 holding the post of TTI/BKI in NWR
(M. 9461163709).
17. Sant Kumar Malhotra S/o Shri Deshraj
Malhotra, aged about 70 years, R/o 71, Bhagat
Vatika, Civil Line, Jaipur-302006, Retired w.e.f.
30.06.2012 holding the post of CTI/JP in NWR
Jaipur (M.9414781200).
18. Ramkaran Maal S/o Shri Ram Kumar Maal,
aged about 72 years, R/o Jodhpuriya, Ward No.
2, Bandikui, District Dausa-303313, Retired
w.e.f. 30.06.2010 holding the post of TNCR/BKI
in NWR (M. 9252249294).
....Applicants
Shri Vinod Goyal, counsel for applicants.
VERSUS
1. Union of India through General Manager (P)
North Western Railway (NWR), Near Jawahar
Circle, Jaipur Pin: 302017.
2. The Divisional Railway Manager (DRM), DRM's
Office, Near Railway Station, Jaipur-302006.
.... Respondents
Shri N.C. Goyal, counsel for respondents.
ORDER
Per: Hina P. Shah, Judicial Member With the consent of learned counsels for the parties, OA No. 23/2020, OA No. 436/2020, OA No. 13 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 and OA No. 41/2022 are taken up together for disposal as common question of law and facts is involved in the aforesaid cases.
2. For the sake of convenience, the brief facts of OA No. 23/2020 are taken up. OA No. 23/2020 has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:-
"i) By an appropriate order or direction the respondents may be directed to give benefit of one Annual Grade Increment (AGI) for the period 01.07.2013 to 30.06.2014 to the applicant and re-computation of pension benefits after giving one AGI on notional basis with all consequential benefits along with interest which create pendency and hardship to present applicant may be awarded.
ii) That the impugned orders dated 06.06.2019 (Annex-A/1) and 18.10.2019 (Annex-A/2) may kindly be quashed and set aside.
iii) Any prejudicial order adverse to the interest of the applicant, if passed during the pendency of the application, the same may kindly be taken on record and after examination the same be quashed and set aside.
iv) Any other appropriate order or direction which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the applicant."14
OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022
3. Brief facts of the case, (OA No. 23/2020), as stated by the applicant, is that he was initially appointed on the post of Upper Division Clerk through Memorandum dated 15.03.1980 issued by the Office of Collector of Central Excise & Customs, Jaipur. Thereafter, he was promoted to the post of Inspector vide promotion order dated 02.05.1986 and then on the post of Superintendent in the Department of Central Excise and Customs. While working on the post of Superintendent, the applicant retired from service on attaining the age of superannuation on 30th June, 2014. The applicant further states that the fixation of pension has been made by the respondents considering his date of retirement w.e.f. 30.06.2014 without giving the benefit of one increment. It is the case of the applicant that he is entitled to get the benefit of one increment for the period from 01.07.2013 to 30.06.2014 but the pensionary benefits were computed without adding one Annual Grade Increment on notional basis. The applicant states that on the similar issue, the Hon'ble Madras High Court in the case of P. Ayyamperumal vs. the Registrar, Central Administrative Tribunal (S.B. Civil Writ Petition No. 15732/2017) has held that the petitioner is entitled to get one notional increment for the past 15 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 period as he had completed one full year of service. The said judgment passed by the Hon'ble Madras High Court was assailed by the respondent-department before the Hon'ble Supreme Court by way of filing SLP No. 22283/2018 (Union of India vs. P. Ayyamperumal), which has been dismissed vide its order dated 23.07.2018. The applicant being similarly situated person, who is also aggrieved by the illegal action of the respondent-department for not awarding one Annual Grade Increment for the past service i.e. from 01.07.2013 to 30.06.2014, has filed representations dated 18.01.2019 and 29.05.2019 but the same have been rejected vide impugned order dated 06.06.2019 (Annexure A/1) on the ground that since the applicant retired on 30.06.2014, therefore, he is not entitled for one annual grade increment for his past services. The applicant further states that vide order dated 18.10.2019 (Annexure A/2), the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, New Delhi ordered all the Principal Chief Commissioners / Chief Commissioners / Director General under CBIC, not to grant the benefit in the light of judgment passed by the Hon'ble Madras High Court as the same is in- personam and not in-rem. The applicant also states 16 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 that similar benefits have been given by the various coordinate Benches of this Tribunal as well as the Hon'ble High Courts and Hon'ble Apex Court, therefore, he prays that he is also entitled to get the same benefits as prayed for by him. Thus, the applicant has filed the present O.A. for redressal of his grievance.
4. After issue of notices, respondents have filed their reply stating that the prayer of the applicant for re- computation of pensionary benefits after allowing one annual grade increment on notional basis as per the judgment of the Hon'ble Madras High Court in the case of P. Ayyamperumal (supra), cannot be granted as the said judgment is in personam and not in rem. The applicant retired on 30.06.2014 and the contentions of the applicant to grant him one notional annual increment on 01.07.2014 with consequential benefits are fictitious and baseless and, therefore, prayed for dismissal of the present O.A. The respondents further stated that as per FR 56 (a), every Government servant shall retire on the afternoon of the last day of the month in which he attains the age of 60 years and in case wherein the date of birth of the Government servant is the first of 17 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 the month, he shall retire from the service on the afternoon of the last date of the preceding month on attaining the age of 60 years. As per Rule 10 of the CCS (Pension) Rules, it does not permit to take into consideration emoluments which fell due after retirement. As per Rule 14 of Pension Rules, a person is entitled for pay, increment and other allowances only when he is entitled to receive pay from out of consolidated fund of India and continues to be in government service. The respondents further state that subsequent to the judgment of Hon'ble High Court of Madras in the case of P. Ayyamperumal (supra), the Madras Bench of this Tribunal has dismissed the similar OAs relating to notional increments for pensionary benefits. Therefore, the respondents prayed that the applicant is not entitled for grant of notional annual grade increment due on 01.07.2014 and, thus, the O.A. deserves to be dismissed.
5. Heard learned counsels for the parties and examined the material available on record including the judgments / orders cited by the parties.
6. The factual matrix of the case is that all the applicants herein have retired on 30th June. Though 18 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 the years of superannuation of some of the applicants are different but common thing amongst these applicants is that they have retired on 30th June. The applicants are seeking relief for grant of one notional annual grade increment to each of the applicants due on the 1st July of their respective year of retirement from service for the purpose of calculating their retirement / pensionary benefits, denied due to retirement on 30th June and, accordingly, revise the retirement / pensionary benefits of the applicants and grant all consequential benefits including arrears of pensionary benefits and pension be granted to the applicants. It is the claim of the applicants that they have rendered one full year of service on 30th June i.e. the date of their retirement and as such they are entitled for grant of one notional annual increment.
7. The short question which requires to be considered in the present cases is whether the applicants, who have retired on 30th June of their respective years, are entitled for one annual grade increment which fell due on 1st July on which they were not in service due to their retirement from service on 30th June.
8. It is seen that the said issue has already been dealt with by this Bench of this Tribunal in number of 19 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 cases including one group of OAs vide its order/judgment dated 03.01.2022 passed in the case of Nanag Ram Chopra & Ors. vs. UOI & Ors. (OA No. 788/2019) and connected matters and has observed as under: -
"11. Be that as it may, once the various Benches of this Tribunal, the Hon'ble High Courts and the Hon'ble Supreme Court held that the increment, which became due on 1st July as the case may be, needs to be released for the employees, who retired one day earlier thereto, the applicants herein cannot be denied such benefits.
12. Consequently, all the impugned orders/letters in the respective Original Applications are hereby quashed and set aside. The respondents are directed to grant one annual grade increment payable on 1st July to all the applicants for the period from 1st July to 30th June for the respective years in which they have retired and to re-fix their pension accordingly, if the applicants are found otherwise eligible for grant of such annual grade increment, within a period of three months from the date of receipt of a certified copy of this order. The respondents are also directed to pay arrears to the applicants within a period of one month thereafter."
9. We have also come across the latest judgment of the Hon'ble Apex Court dated 11th April, 2023 passed on the similar issue in the case of The Director (Admn. and HR) KPTCL & Ors. vs. C.P. Mundinamani & Ors. (Civil Appeal No. 2471 of 2023). After going through the said judgment of the Hon'ble Apex Court, we find that the Hon'ble Apex 20 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 Court has dealt the similar issue at length and has considered not only the judgment passed by the Madras High Court in the case of P. Ayyamperumal (supra) but also has dealt with the judgments passed by the Hon'ble High Courts in number of cases on similar issue and has observed as under: -
"6.7 Similar view has also been expressed by different High Courts, namely, the Gujarat High Court, the Madhya Pradesh High Court, the Orissa High Court and the Madras High Court. As observed hereinabove, to interpret Regulation 40(1) of the Regulations in the manner in which the appellants have understood and/or interpretated would lead to arbitrariness and denying a government servant the benefit of annual increment which he has already earned while rendering specified period of service with good conduct and efficiently in the last preceding year. It would be punishing a person for no fault of him. As observed hereinabove, the increment can be withheld only by way of punishment or he has not performed the duty efficiently. Any interpretation which would lead to arbitrariness and/or unreasonableness should be avoided. If the interpretation as suggested on behalf of the appellants and the view taken by the Full Bench of the Andhra Pradesh High Court is accepted, in that case it would tantamount to denying a government servant the annual increment which he has earned for the services he has rendered over a year subject to his good behaviour. The entitlement to receive increment therefore crystallises when the government servant completes requisite length of service with good conduct and becomes payable on the succeeding day. In the present case the word "accrue"
should be understood liberally and would mean payable on the succeeding day. Any contrary view would lead to arbitrariness and unreasonableness and denying a government servant legitimate one annual increment though he is entitled to for rendering the services over a 21 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 year with good behaviour and efficiently and therefore, such a narrow interpretation should be avoided. We are in complete agreement with the view taken by the Madras High Court in the case of P. Ayyamperumal (supra); the Delhi High Court in the case of Gopal Singh (supra); the Allahabad High Court in the case of Nand Vijay Singh (supra); the Madhya Pradesh High Court in the case of Yogendra Singh Bhadauria (supra); the Orissa High Court in the case of AFR Arun Kumar Biswal (supra); and the Gujarat High Court in the case of Takhatsinh Udesinh Songara (supra). We do not approve the contrary view taken by the Full Bench of the Andhra Pradesh High Court in the case of Principal Accountant-General, Andhra Pradesh (supra) and the decisions of the Kerala High Court in the case of Union of India Vs. Pavithran (O.P.(CAT) No. 111/2020 decided on 22.11.2022) and the Himachal Pradesh High Court in the case of Hari Prakash Vs. State of Himachal Pradesh & Ors. (CWP No. 2503/2016 decided on 06.11.2020).
7. In view of the above and for the reasons stated above, the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiently. We are in complete agreement with the view taken by the Division Bench of the High Court. Under the circumstances, the present appeal deserves to be dismissed and is accordingly dismissed. However, in the facts and circumstances of the case, there shall be no order as to costs.
I.A. No. 149091/2022 stands disposed of in terms of the above."
From bare perusal of the said judgment, it is seen that the Hon'ble Apex Court are in complete agreement with the view taken by the Madras High 22 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 Court in the case of P. Ayyamperumal (supra) and other Hon'ble High Courts, and has not approved the contrary view taken by the Full Bench of the Andhra Pradesh High Court and also the decisions of other Hon'ble High Courts, as has been reproduced hereinabove. The Hon'ble Apex Court has held that the Division Bench of the High Court has rightly directed the appellants to grant one annual increment which the original writ petitioners earned on the last day of their service for rendering their services preceding one year from the date of retirement with good behaviour and efficiency.
10. Since the various Benches of this Tribunal, the Hon'ble High Courts and the Hon'ble Supreme Court have held that the increment, which became due on 1st July of their respective years needs to be released for the employees, who retired one day earlier thereto, the applicants herein cannot be denied such benefits.
11. In view of the observations and discussions made hereinabove, all the impugned orders/letters, if any, in the respective Original Applications are hereby quashed and set aside. The respondents are directed to grant one annual grade increment payable on 1st 23 OA No. 23/2020 with MA No. 164/2023, OA No. 436/2020, OA No. 502/2020, OA No. 02/2021, OA No. 80/2021, OA No. 255/2021, OA No. 277/2021, OA No. 382/2021 with MA No. 25/2022 and OA No. 41/2022 with MA No. 247/2022 July to all the applicants for the period from 1st July to 30th June for the respective years in which they have retired and to re-fix their pension and pensionary benefits accordingly, if the applicants are found otherwise eligible for grant of such annual grade increment, within a period of three months from the date of receipt of a certified copy of this order. Accordingly, the respondents are also directed to pay arrears to the applicants within a period of one month thereafter.
12. Consequently, all the aforesaid Original Applications are disposed of with these observations and directions. No order as to costs.
13. All the pending Misc. Applications, if any, are also disposed of accordingly.
(HINA P. SHAH) (DINESH SHARMA) JUDICIAL MEMBER ADMINISTRATIVE MEMBER /nlk/