Central Administrative Tribunal - Chandigarh
Sanjeeven Kumar vs Central Goods And Services Tax on 30 September, 2021
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO. 060/01107/2021
DATED THIS THE 30th DAY OF SEPTEMBER, 2021
CORAM:
HON'BLE SHRI SURESH KUMAR MONGA, MEMBER (J)
(On video conference from Central Administrative Tribunal, Chandigarh
Bench, Chandigarh)
HON'BLE SHRI RAKESH KUMAR GUPTA, MEMBER (A)
(On video conference from Central Administrative Tribunal, Bangalore Bench,
Bangalore)
Sanjeevan Kumar son of Sh. Krishan K. Sharma age 56 years working on the
post of Superintendent in the office of the Commissioner, Customs, Customs
Commissionerate (HQ Office), Gateway Rail Freight Limited (GRFL),
Sahnewal, Ludhiana, Punjab (resident of Flat No. 1146, Sector : 51-B,
Chandigarh - 160047)
....Applicant
(By Advocate Sh. Pankaj Mohan Kansal - through video conference)
Vs.
1. Union of India through the Secretary, Ministry of Finance, Department of
Revenue, North Block, New Delhi - 110001. E-mail : [email protected]
2. The Chairman, Central Board of Indirect Taxes and Customs, Ministry of
Finance, North Block, New Delhi - 110001. E-mail : [email protected]
3. The Principal Commissioner, Central Goods and Service Tax (CGST)
(Cadre Controlling Authority), CGST Commissionerate, Central Revenue
Building, Plot No. 19, ISBT Road, Sector - 17, Chandigarh - 160017. E-
mail : [email protected]
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4. The Commissioner, Customs, Customs Commissionerate (HQ Office),
Gateway Rail Freight Limited (GRFL), Sahnewal, Ludhiana, Punjab. E-
mail : [email protected]
.....Respondents
O R D E R (ORAL)
PER: SURESH KUMAR MONGA, MEMBER (J)
1. The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 making therein the following prayer :
(i) That the impugned Establishment Order No. 07/2020 dated 29.05.2020 to the extent the applicant listed at Serial No. 49 has been given Non-Functional Grade Pay (NFGP) in the grade pay of Rs. 5400/- w.e.f. 17.12.2018 (Annexure A-1/A) be quashed and set-aside, in the interest of justice, and consequently the respondents be directed to grant the applicant Non-Functional Grade Pay (NFGP) w.e.f. 24.09.2012 in terms of settled law laid down vide judicial pronouncements annexed as Annexure A-2 to A-4, A-5 & A-6 and implementing office orders dated A-7 and A-8.
(ii) That the action of the respondents in granting the claim / benefit involved in the present case i.e. Non-Functional Grade Pay (NFGP) to the grade pay of Rs. 5400 i.e. on completion of 4 years of service in the grade of Rs. 4,800/- only to those employees who are filing the Court cases, as is evident from the Office Order dated 25.09.2018 (Ann. A-7) and 13.12.2019 (Ann. A-8) be declared arbitrary, illegal, discriminatory and against the rules and law and violative of Article 14 of the Constitution of 3 India and quashed and set-aside, in the interest of justice.
(iii) That the respondents be directed to decide the claim of the applicant submitted vide representation / reminders dated 24.03.2021, 21.05.2021, 21.06.2021, annexed as Annexure A- 1/B(colly), to grant the Non-functional Upgradation in the Grade Pay of Rs 5,400/- w.e.f. 24.09.2012 i.e. on completion of 4 years of service in the grade of Rs. 4,800/- (Rs. 7,500-12000 pre- revised), in a time bound manner, as has been granted many similarly situated ones in terms of settled law and directions passed in various cases like the Common Order dated 04.11.2015 passed by C.A.T., Chandigarh Bench in case of O.A. No. 60/1044/2014 titled Munish Kumar & ors and O.A. No. 060/18/2015 titled Sanjeev Dhar & ors (Ann. A-5) by noticing Judgment dated 06.09.2010 passed by the Hon'ble High Court of Madras in case of M. Subramanian vs. Union of India & others laying down that if an officer has completed 4 year on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006 and if the officer completes 4-year on a date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4-year in the pay scale of Rs. 7,500-12000 (pre- revised) (Ann. A-2).
(iv) That the applicant be held entitled to all consequential benefits and reliefs i.e. from the due date including the arrears, in the interest of justice.
2. At the very outset, Sh. Pankaj Mohan Kansal, learned counsel for the applicant submitted that before filing the present Original Application, the applicant had submitted a representation dated 23.03.2021 4 (Annexure A-1/B) which was followed by a reminder letter dated 21.05.2021. However, the respondents have failed to take a decision over the said representation uptil now.
3. Learned counsel further submitted that the applicant will be satisfied if the present Original Application is disposed of with a direction to respondents to decide his pending representation within a time frame.
4. Keeping in view the aforestated limited prayer made by learned counsel for the applicant, we deem it appropriate to dispose of the present Original Application at the admission stage itself without entering into the merits of the case.
5. Accordingly, the Original Application is disposed of with a direction to The Principal Commissioner, Central Goods and Service Tax (CGST) (Cadre Controlling Authority), CGST Commissionerate, Chandigarh to decide the applicant's pending representation dated 23.03.2021 (Annexure A-1/B) and pass a reasoned and speaking order in accordance with law. Before taking such a decision, the applicant shall also be afforded an opportunity of hearing. The whole exercise shall be undertaken within a period of 2 months from the date of receipt of a certified copy of this order.
6. Ordered accordingly. However, there shall be no orders so as to costs.
(RAKESH KUMAR GUPTA) (SURESH KUMAR MONGA) MEMBER (A) MEMBER (J) /NK/