Central Administrative Tribunal - Gauhati
Gyani Kumar Paswan vs Intelligence Bureau on 20 May, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 046/00342/2023
Date of order: This, the 20th day of May 2025
HON'BLE MR. RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON'BLE MR. RAM MOHAN JOHRI, ADMINISTRATIVE MEMBER
1. Gyani Kumar Paswan (DCIO/Tech)
S/o - Late Bindeshwari Prasad
PIS No. 128752, SIB Kohima, Pin: 797001
2. Dipak Das(AD/E)
S/o - Manohar Das
PIS No. 128023, SIB Kohima, Pin: 797001
3. Chamatkar Singh (AD/Tech)
S/o - Phool Singh
PIS No. 108609, SIB Kohima, Pin: 797001
4. Inakhe Chisho(AD/Pol&SMAC)
S/o - L.C Shaovi
PIS No. 126640, SIB Kohima, Pin: 797001
5. Rahul Raman(DCIO/Exe)
S/o - Lakshmeshwar Jha
PIS No. 128720, SIB Kohima, Pin: 797001
6. Chandra Prakash Meena(DCIO/EXE)
S/o - Jagdish Prasad Meena
PIS No. 130306, Civ. Longleng, Pin: 798625
7. Worza Rungsung(DCIO/EXE)
S/o - Raingashim Rungsung
PIS No. 128650, Civ.Kohima, Pin: 797001
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8. John Stephen D Buhrii(DCIO/EXE)
S/o - H.B Shella
PIS No. 128487, Civ Dimapur, Pin: 797112
9. Niruttan Kumar (SO/Admin)
S/o - Bindeshwar Prasad
PIS No. 105255, SIB Kohima, Pin: 797001
10. Ranjan Kumar Padhi (PS)
S/o - Surendra Nath Padhi
PIS No. 195778, SIB Kohima, Pin: 797001
11. Ashok Kumar (ACIO-I/Tech)
S/o - Devniti Prasad
PIS No. 109196, SIB Kohima, Pin: 797001
12. Marina L Varte (ACIO-I/Exe)
S/o - Lianhmingthanga
PIS No. 131975, CIV Dimapur, Pin: 797112
13. Renpithung M Lotha (ACIO-I/EXE)
S/o - Mhao Lotha
PIS No. 142357, SIB Kohima, Pin: 797001
14. Lsin Lemthang Guite(ACIO-I/EXE)
S/o - Tuanzakhup Guite
PIS No. 190033, Civ Kiphire, Pin: 798611
15. K H E Achumi (ACIO-I/EXE)
S/o - Lt. Hazheto Achumi
PIS No. 123082, Civ Ganeshnagar, Pin: 797112.
16. M I Singh (ACIO-I/EXE)
S/o - Late M Chimu Singh
PIS No. 143804, Civ. Tuli, Pin: 798618
17. S C Das (ACIO-I/EXE)
S/o - Late N K Das
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PIS No. 123103, Civ Dimapur, Pin: 797112
18. Surendar Kumar (ACIO-II/EXE)
S/o - Dilip Kumar
PIS No. 220843, Civ Wokha, Pin: 797111
19. Vabish Tamang(ACIO-II/EXE)
S/o - Mian Tamang
PIS No. 221191, Civ Tseminyu, Pin: 797109
20. Deepak Kumar Gangwar(ACIO-II/EXE)
S/o - Rabindra Nath Gangwar
PIS No. 221162, Civ Melum, Pin: 797114
21. Manoj Hiyal(ACIO-II/EXE)
S/o - Late Braja Mohan Hiyal
PIS No. 221180, Civ Tuli, Pin: 798618
22. Abhishek Lama (ACIO-II/Exe)
S/o - Sanjiv Lama
PIS No. 221232, Civ Pughoboto, Pin: 797109
23. Rakesh Borah(ACIO-II/Exe)
S/o - Romen Borah
PIS No. 210493, Civ Bhadan, Pin: 797099
24. Lamshaphtang Rynjah(ACIO-II/Exe)
S/o - Romee P Lyngshiang
PIS No. 221201, Civ Longleng, Pin: 798625
25. Pramit Chatterjee (ACIO-II/Exe)
S/o - Pratip Kumar Chatterjee
PIS No. 220534, Civ Longleng, Pin: 798625
26. Arun Kumar (ACIO-II/Tech)
S/o - Ram Lakhan Choudhary
PIS No. 109082, Civ Mon, Pin: 798621
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27. Subhash Kumar(ACIO-II/Exe)
S/o - Deepak Ram
PIS No. 200264, Civ Kiphire, Pin: 798611
28. Arvind Kumar Choudhary(ACIO-II/Tech)
S/o - Balkumar Choudhary
PIS No. 230618, SIB Kohima, Pin: 797001
29. Anurag Yadav(ACIO-II/Exe)
S/o - Pradeep Yadav
PIS No. 221341, MEA New Delhi, Pin: 110001
30. Yuvraj Singh(ACIO-II/Exe)
S/o- Prahlad Singh
PIS No. 220686, Civ Tobu, Pin: 797001
31. Vaibhav Kumar(ACIO-II/Exe)
S/o - Janardan Kumar
PIS No. 220683, Civ Mon, Pin: 798621
32. Alok Kumar(ACIO-II/Exe)
S/o - Mukesh Singh
PIS No. 221173, Civ Mon, Pin: 798621
33. Aditya Roy (ACIO-II/Exe)
S/o - Bidhan Roy
PIS No. 221157, Civ Mokokchung, Pin: 798617
34. Vishal Kumar (ACIO-II/Exe)
S/o - Raj Kishore Singh
PIS No. 221269, Civ Tuensang, Pin: 798612
35. Pallav Kumar(ACIO-II/Exe)
S/o - Birendra Pratap Singh
PIS No. 220797, Civ Dimapur, Pin: 797112
36. Ms. Athira C (ACIO-II/Exe)
D/o - Dasan K K
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PIS No. 221418, Civ Dimapur, Pin: 797112
37. Abhishek Kumar Singh (ACIO-II/Exe)
S/o - Ramesh Kumar Singh
PIS No. 221342, Civ Dimapur, Pin: 797112
38. Amir Sohail (ACIO-II/Exe)
S/o - MD Ismail Ansari
PIS No. 221250, Civ Dimapur, Pin: 797112
39. Mayank Raj (ACIO-II/Exe)
S/o - Manoj Kumar
PIS No. 221493, Civ Dimapur, Pin: 797112
40. Sunny Shekhar(ACIO-II/Exe)
S/o - Rama Shankar Singh
PIS No. 220589, Civ Dimapur, Pin: 797112
41. Nagendra Pd Choudhary (ACIO-II/Exe)
S/o - Pradip Choudhary
PIS No. 221528, Civ Dimapur, Pin: 797112
42. Yash Yadav (ACIO-II/Exe)
S/o - Ved Prakash Yadav
PIS No. 220852, Civ Tuensang, Pin: 798612
43. Meghraj Banskota (ACIO-II/Exe)
S/o - Chhaya Prakash Banskota
PIS No. 221327, Civ Meluri, Pin: 797114
44. Rattan Pal (ACIO-II/MT)
S/o -Mangal Singh
PIS No. 108181, SIB Kohima, Pin: 797001
45. Vikram Singh Rathour(ACIO-II/Exe)
S/o -Gopal Singh
PIS No. 220597, Civ Tuensang, Pin: 798612
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46. Ramesh Chandra Sahoo(ACIO-II/Tech)
S/o - Late Banchhanidhi Sahoo
PIS No. 109317, SIB Kohima, Pin: 797001
47. Baldeep(ACIO-II/Exe)
S/o - Gaytri Dutt
PIS No. 221035, Civ Tizit, Pin: 798602
48. Ankith V (ACIO-II/Exe)
S/o - Mohanan
PIS No. 221465, Civ Tizit, Pin: 798602
49. Abhishek Kumar(ACIO-II/Exe)
S/o - Surendra Mandal
PIS No. 221454, Civ Kohima, Pin: 797001
50. Gulshan Kumar Gulshan(ACIO-II/Exe)
S/o - Bipin Kumar Sharma
PIS No. 221434, Civ Kohima, Pin: 797001
51. Abhishek Sharma(ACIO-II/Exe)
S/o -Parveen Kumar Sharma
PIS No. 220729, Civ Kohima, Pin: 797001
52. Kumar Shubham(ACIO-II/Exe)
S/o - Vijay Kumar
PIS No. 221505, Civ Kohima, Pin: 797001
53. Amar Chand(ACIO-II/Exe)
S/o - Ram Sagar
PIS No. 221192, Civ Longwa, Pin: 798621
54. Ritu Raj (ACIO-II/Exe)
S/o - Sanjeev Kumar Singh
PIS No. 221285, Civ Longwa, Pin: 798621
55. Abhishek Verma(ACIO-II/Exe)
S/o - Lalit Kumar
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PIS No. 220554, Civ Noklak, Pin: 798626
56. Arun Kumar Sau(ACIO-II/Exe)
S/o - Asok Kumar Sau
PIS No. 221245, Civ Noklak, Pin: 798626
57. Amit Kumar(ACIO-II/Exe)
S/o - Sunil Kumar
PIS No. 221188, Civ Aboi, Pin: 798603
58. Praveen Malav (ACIO-II/Exe)
S/o - Radheyshyam Malav
PIS No. 210480, Civ Aboi, Pin: 798603
59. C. Hamnyei Konyak(ACIO-II/Exe)
S/o - Late Changhu Konyak
PIS No. 123098, Civ Aboi, Pin: 798603
60. Mrinmoy Baishya(ACIO-II/Exe)
S/o - Atul Chandra Baishya
PIS No. 221277, Civ Zunholo, Pin: 798620
61. Dhananjay Kumar(ACIO-II/Tech)
S/o - Gyanendra Prasad
PIS No. 221377, SIB Kohima, Pin: 797001
62. Ravi Ranjan Kumar(JIO-/Tech)
S/o - Late Rajeshwar Singh
PIS No. 160133, SIB Kohima, Pin: 797001
63. C. Ayang Pongen Ao(JIO-/Tech)
S/o - Late N Chuba
PIS No. 180212, Civ Longleng, Pin: 798625
64. Riches Nongdhar(JIO-/Tech)
S/o - Barkley Kharsohnoh
PIS No. 190345, Civ Zunholoh, Pin: 798620
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65. Sundip Babu Amgai(JIO-II/Exe)
S/o - Late Gopal Pd Sharma
PIS No. 131442, SIB Kohima, Pin: 797001
66. Sundip Babu Amgai(JIO-II/Exe)
S/o - Late Gopal Pd Sharma
PIS No. 131442, SIB Kohima, Pin: 797001
67. Malingstar Ranee(Driver Grade-1)
S/o - Kritsingh Khynem
PIS No. 196330, Civ Kiphire, Pin: 798611
68. Pushpendra Pal Singh(Stenographer)
S/o - Dharmender singh
PIS No. 230783, SIB Kohima, Pin: 797001
69. Ankit Baduli(Stenographer)
S/o - Kamal Kishore
PIS No. 230785, SIB Kohima, Pin: 797001
70. Arjun Kumar(Stenographer)
S/o - Charan Singh
PIS No. 230784, SIB Kohima, Pin: 797001
71. Tohito V Nurumi (JSA)
S/o - Vikuto Sema
PIS No. 221569, SIB Kohima, Pin: 797001
72. Rajesh Kumar Saini (PS)
S/o Ram Gopal Saini
PIS No. 221569, SIB, Kohima, Pin - 797001
73. Neivisie Peseyie (JIO-I/Tech)
S/o Vizhavonyu Peseyie
PIS No. 180752, SIB, Kohima, Pin - 797001.
...Applicants.
By Advocates: Sri M. Chanda & Smt. U. Dutta
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-AND-
1. The Union of India
Represented by the Secretary
Ministry of Home Affairs, New Delhi-1.
2. The Secretary
Ministry of Finance,
Department of Expenditure,
North Block, Lok Nayak Bhawan,
New Delhi- 110001.
3. The Director
Intelligence Bureau
Ministry of Home Affairs, New Delhi-1.
4. The Joint Director
Subsidiary Intelligence Bureau
Ministry of Home Affairs
Government of India,
Kohima, Nagaland, Pin-797001
5. The Assistant Director/E
Subsidiary Intelligence Bureau
Ministry of Home Affairs
Government of India
Kohima, Nagaland, Pin-797001.
...Respondents
By Advocate: Sri R. Hazarika, Addl. CGSC
Date of Hearing: 14.05.2025 Date of Order: 20.05.2025
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ORDER
PER MR. RAJINDER SINGH DOGRA, MEMBER (J):
The instant petition has been filed by the applicant seeking the following relief (s): -
"81 That the Hon'ble Tribunal be pleased to set aside and quashed the impugned letter dated 23.06.2023 (Annexure-A/1) as well as impugned memorandum dated 17.08.2023 (Annexure-A/2).
8.2 That the Hon'ble Tribunal be pleased to direct the respondents to grant the benefit of HRA at the rate of 'B'/'Y' class city rates @ 18% to the applicants who are/were working under the administrative control of Subsidiary Intelligence Bureau, Ministry of Home Affairs, Government of India, Kohima, Nagaland from the date of their actual posting at Kohima, Nagaland with arrear monetary benefit.
8.3 Costs of the application.
8.4 Any other relief (s) to which the applicant is entitled as the Hon'ble Tribunal may deem fit and proper."
2. The fact of the case in brief is that the applicants were the employees working in various categories in the Office of the Subsidiary Intelligence Bureau, Kohima, Nagaland. In the meanwhile, some of the employees have already been transferred to some other places after being completion of their tenure at Kohima, Nagaland. The Office of the Subsidiary Intelligence Bureau issued an Office Memorandum dated 17.08.2023, whereby it was informed that Kohima has been PRASANNA Digitally O.A. No. 046/00342/2023 signed by PRASANNA BASUMATARYBASUMATARY 11 classified as "Z" class city (HRA @ 9%) on the basis of Court Orders and not on the basis of any special dispensation status for a city or on the basis of any specific order of this Department. Therefore, grant of HRA @ "B/Y" class city rate is applicable only to the applicants following various Court Orders, where judgment has been passed in their favour. The instant applicants were deprived from the said benefit of HRA only on the ground that they were not the part of different Court cases like O.A. No. 44/97/2019, 46/346/2017 etc. Therefore, applicants are praying for a direction upon the respondents to grant the benefit of HRA at the rate of B/Y class city rates of the basic pay along with consequential benefits including arrear monetary benefits as due and admissible to the individual applicant from the date of their actual posting at Kohima in the State of Nagaland in the light of Memorandum dated 27.09.2019 issued by the Intelligence Bureau, Ministry of Home Affairs, Govt. of India following Order dated 12.07.2019 and 24.07.2019 passed in O.A. No. 44/97/2019 as well as in O.A. No. 46/346/2017.
3. Smt. U. Dutta, learned counsel for the applicants submitted that similarly situated employees of the respondent PRASANNA Digitally O.A. No. 046/00342/2023 signed by PRASANNA BASUMATARYBASUMATARY 12 department posted in Nagaland came up for adjudication before this Tribunal by filing a case being O.A. No. 230/2004 where this Tribunal vide order dated 16.12.2005 directed the respondents to consider the question of applicability of the Clause 3 of O.M. dated 03.10.1997 by which the Central Govt. Employees working in the State of Nagaland were made entitled to draw the rates of the existing classification until further orders which is applicable to ' B' class cities. The order of the Tribunal challenged before the Hon'ble Gauhati High Court where the Hon'ble High Court vide order dated 23.12.2009 in W.P.(C) No. 1035/2007 upheld the decision of this Tribunal. Against the decision of the Hon'ble Gauhati High Court, an SLP (C) CC13260/2010 was preferred which was also dismissed by the Hon'ble Apex Court.
4. It was further submitted by Smt. Dutta that there are many Central Government Departments in the State of Nagaland i.e. Post of Telegraph Department, CPWD, Census, All India Radio etc. and all such Department either they are posted in Kohima and Dimapur or in any part of the State are all getting HRA @ 18% irrespective of their place of posting and classification.
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5. Controverting the argument advanced by Smt. U. Dutta, learned counsel for the applicant, Sri R. Hazarika, learned Addl. CGSC for the respondents submitted that consequent upon the implementation of the recommendations of the 6th CPC, the existing categories of 'C' class cities and Unclassified Places have been clubbed together and have been put under a new category 'Z' with HRA @ 10% of pay w.e.f. 01.09.2008, vide OM dated 29.08.2008. As such, whole of Nagaland has been placed in 'Z' category. Thus, Dimapur, Kohima and the rests of Nagaland have never been placed in a lower classification. Hence, HRA to the Central Government employees posted at Dimapur & Kohima is admissible at 'C' city rates and to those in the rest of Nagaland at 'Unclassified Place' rates up to 30.08.2008. HRA in the whole of Nagaland is admissible at 'Z' class city rates w.e.f. 01.09.2008.
6. Sri Hazarika further submitted that all the judgments have been implemented with due approval of the Govt. and it has also clarified that Kohima and Dimapur has never been placed in the lower classification and accordingly the employees posted there, are entitled to HRA @ 'C' class city PRASANNA Digitally O.A. No. 046/00342/2023 signed by PRASANNA BASUMATARYBASUMATARY 14 upto 30.08.2008. Since benefit of MoF OM dated 03.10.1997 was applicable only upto 31.08.2008 and thereafter w.e.f. 01.09.2008, the payment of HRA is to be regulated in terms of MoF OM dated 29.08.2008. Under the order of MoF dated 29.08.2008, Kohima and Dimapur have not been reflected as category 'Y'. Accordingly, applicants posted at Kohima and Dimapur are entitled to HRA @ 'Z' class city. According to Mr. Hazarika, IB's unit at SIB Kohima continues to pay higher rates of HRA i.e. 'B' class city rates even after the implementation of 6th CPC. Whereas MoF vide its OM dated 29.08.2008 has not classified Kohima and Dimapur as 'Y' class city w.e.f. 01.09.2008. As such, the impugned orders passed by the department i.e. on 23.06.2023 and 17.08.2023 are as per law and shall not interfere with.
7. We have heard the rival submissions in the light of the materials placed before me and precedents relied upon.
8. It is noted that similarly situated employees working under the Subsidiary Intelligence Bureau, Government of India, Kohima, Nagaland had approached before this Tribunal by filing O.A. No. 230 of 2004 which was disposed of by this Tribunal PRASANNA Digitally O.A. No. 046/00342/2023 signed by PRASANNA BASUMATARYBASUMATARY 15 on 16.12.2005 by directing the respondents to ascertain the rate applicable to 'B' class cities as per the 4th Pay Commission report. Further ordered that if, on verification, it is found that the applicants were being paid at the rates applicable to 'B' Class cities as per the 4th Pay Commission report sanctioned by the Government, then, there shall be no question of any recovery. The Department challenged the order of this Tribunal before the Hon'ble Gauhati High Court by filing WP(C) No. 1035/2007 and the said WP(C) was ultimately dismissed by the Hon'ble Gauhati High Court and the order of this Tribunal dated 16.12.2005 was upheld by vide judgment and order dated 23.12.2009. The Department thereafter, preferred an SLP being No. CC 13260/2010 before the Hon'ble Supreme Court where the same was dismissed by the Hon'ble Supreme Court by giving finality to the order passed by this Tribunal on 16.12.2005 in O.A. No. 230 of 2004.
9. It is relevant to point out that though the Department in compliance of the order dated 16.12.2005 rendered in O.A. No. 230 of 2004, granted 'B' class cities to the applicants in O.A. No. 230 of 2004, but they did not extend the said benefit to the other similarly situated employees of the Government. PRASANNA Digitally O.A. No. 046/00342/2023 signed by PRASANNA BASUMATARYBASUMATARY 16
10. Since this Tribunal had laid down the principle regarding fixation of pay and parity, the respondents ought to have followed those principles while fixing the HRA at par with other similarly situated persons. Instead they forced the applicants to approach this Tribunal. This Tribunal also categorically observed that "if the applicants are found to be similarly situated, the benefit of aforesaid judgment be extended by granting benefit of HRA @ 'B' class city i.e. 20% of the Basic Pay to the applicants with all consequential benefits."
11. It is further noted that while implementing the judgments and orders passed by the various CATs, Hon'ble High Court as well as Hon'ble Supreme Court, the applicants were granted the HRA @ 'B' class cities i.e. 18% of the Basic Pay by the Department. However, without any rhyme and reason and without any notice or opportunity of being heard, by violating the principles of natural justice, vide Orders dated 23.06.2023 as well as 17.08.2023, the HRA @ 'B' class cities were stopped by taking plea that the payment made to the PRASANNA Digitally O.A. No. 046/00342/2023 signed by PRASANNA BASUMATARYBASUMATARY 17 petitioners of various court/CAT cases towards HRA @ 'B' class city is found irregular.
12. We have given our thoughtful consideration that the matter where this Tribunal already passed order in O.A. Nos. 230/2004 and 148/2011 which is upheld by the Hon'ble Gauhati High Court as well as Hon'ble Apex Court. Once a matter is finalized by virtue of decision of Hon'ble Apex Court, no further interpretation is permissible to make the decision of the Hon'ble Apex Court infructuous. Such exercise is not permissible even by the Court/Subordinate Courts/Tribunal what to speak of Department. If any administrative officer passes an order in violation of the judicial pronouncement, he does so at his own peril and risk, inviting contempt and amounts to subordination. Once other employees were granted house rent benefits, such relief cannot be denied to the present applicants. Thus, it is abundantly clear that the respondent authority at their whims by violating the Court's order as mentioned in the foregoing paragraph, stopped the HRA as admissible by the applicants.
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13. By taking into consideration the entire conspectus of the case, we are of the view that the impugned letter dated 23.06.2023 as well as impugned Memorandum dated 23.06.2023 being devoid of merit are hereby quashed and respondents are directed to verify the factual details and if the applicants are found to be similarly situated, the benefit of aforementioned judgments be extended by granting benefit of HRA @ 'B' class city i.e. 18% of the Basic Pay to the applicants with all consequential benefits, within a period of two months from the date of the receipt of a copy of this order.
14. With the above observation and direction, O.A. stands allowed. There shall be no order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)
/PB/
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