Central Administrative Tribunal - Mumbai
Balwant Ramashankar Singh vs M/O Finance on 18 March, 2019
yy CENTRAL ADMINISTRATIVE TRIBUNAL MUMBAI BENCH, MUMBAL.
ORIGINAL APPLICATION No.187 OF 2019 Dated this Monday, the 18" day of March, 2019 CORAM: DR. BHAGHWAN SAHAI, MEMBER (A DMINISTRA TIVE) RAVINDER KAUR, MEMBER (JUDICIAL) Balwant Ramashankar Singh, .
Son of Late Ramashankar Singh, Date of birth : 08.06.1969, age 49 years and 08 months, working ag : Examiner (Ad-Hoc Basis), (Group °B" Non-Gazetted Post) in the office of Commissioner of Customs (General), New Customs House, Ballard Estate, Mumbai 400 001 and residing at: Flat-A, 3" Floor, Shanti Bhavan, 135, Parmar Guruji Marg, Parel, Mumbai 400 012. . Applicant {By Advacate Shri RG. Walia} {, Union of India, Thorough The Revenue Secretary, Minisiry of Finance, Department of Revenue, North Block, New Delhi 11Q 001.
bo The Charman, The Central Board of Indirect Taxes and Customs (CBIC), Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001, 3, Chief Commissioner of Customs, Murnbai Zone-[, 2" Floor, Old Bldg. New Customs House, Ballard Estate, Mumbai 400 001.
4. Commissioner of Customs, 2 Floor, Old Building, New Customs House, Ballard Estate, Mumbai 400 001.
5. Shri Suhas Suvarna, Appraiser, O/o the Development Commissioner, SEZ-SEEPZ, MIDC, Andheri East, Mumbai 400 096.
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6... Smt. Geeta Chandran, Appraiser, Gr VB, Oo Comniissioner of Customs (import), New Custom House, Ballard Estate, Mumbai 400 001. « Respondenis Order reserved on O103.2019 Order delivered on 18.03.2019 Per > Dr. Bhagwan Sahai, Member (Administrative) This OA has been filed on 21.02.2019 by Shri Baiwant Ramashankar Singh working 4s Examiner on adhoc basis (Group °B" Norn Gazetted Fast} in the office of Commi issioner of Customs (Seneral}, New Customs House, ich Mumbai. He is seeking relief in terms o direction to the respondents to. immediately conduct review DPC for 87 clear vacancies as per the recommendations in the report of the sox > aan e ' ear dors fon Ata 2 Dy ey ve a 15.03.2016 to examines fsasibility oF conducting review ey iy ao Q rh ts * v ot 'cod .
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effect from S5.11.2002 or O5-12.2002 to the benefits of seniority, subsequent promotion, has pay fixation, arrears of pay, etc H ret also sought direction to the respondents not ko conduct further BPC for -.pramotion to et or c © 3 OA No.157/2019 posts of Appraiser and Assistant Commissioner of Customs without rectifying the mistake about actual vacancies of Appraisers. We have heard the counsel for the applicant on 26.02.2019.
2. The main contention of the applicant in this GA is that the number of vacancies considered for promotion as Appraiser in 2002 was not 274 but those vacancies actually were 409 and, therefore, conducting at review DPC in #2002 as necessary for considering promotion of the applicant and fete similarly placed other candidates. Along with the OA, he has also placed on record a copy of the report of the meeting held on 63.03.2016 of the Committee Duly Constituted to examine the feasibility of conducting review DPC of Examiners.
3. The Committee based om its meetin ce held on 03.03.2016 has recommended (page 60 of the OA} that the Department may conduct Review DPC of Examiners from 2002 to 2014 ta give them the cascading benefit arising out of vacancies created due to desmed promotion of Examiners to Appraiser cadre in the year ht O02.
~--6h EBL O8 2016 Furt her stated a OA No.1 57/2019 Committee in its report of "ar that conducting of the review DPC as above will hel; 'S cr nyt ~ iD feat 0 me D rr hed Department to resolve the issue of senic among Examiners for further promotions and it will help the Department in clarifying the position of actual vacancies for conducting DRC in other cadres and to revise x the number of direct vacancies year- -~wise
5. The applicant further because of non-conducting of the review DPC, he has been aeprived of promotional this regard, che opportunities. In applicant has also submitted
-12.2018 Lo mc o epresentation dated > Principal Chief Commissioner of Customs, Customs House, Mumbai seeking implementation of the Feasibility Committee report dated raised in the resentation of the applicant dated 26.12.2018 being the same as raised in our opinion it would be appropriate ta of the OA at the stage of admission with directions te the der the ae respondents to cons above tae OA Ne LSF/2019 representation of the applicant and tq take appropriate decision on the issues referred to in it as per relevant provisions of rules and instructions and to hold review DPC for the Bxaminers - from 2002 tO 2014 as recommended by the Feasibility Committee in its report dated 14.03.2016. This exercise should be completed within a period of four © weeks from receipt of copy of this order.
7. The respondents are further directed not to hold PPC for promotion of Appraisers as Assistant Commissioner of Customs till decision on the representation of the applicant and conducting of the review DPC for the Examiners get completed.
8. In view of the aforesaid directions, sion stage i GR is disposed of at the admi ff itself, without axpressing Our opinion on merits of the case.
(Ravinder Kaur) -- (Dr. Bhagwan Sahai Member (Judicial) Member (Administrative) kang® a [> "3 @