JUDGMENT :

MOHIT KUMAR SHAH, J.

The aforesaid two writ petitions have been filed against the common order dated 08.04.2024 passed by the learned Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred to as the ‘Ld. CAT’) in O.A. No. 050/00105/2021 with O.A. No. 050/00362/2020 whereby and whereunder both the said original applications have been dismissed being devoid of merit, hence these two writ petitions have been heard together and are being disposed off by the present common judgment.

CWJC No. 11330 of 2024

2. This writ petition i.e. CWJC No. 11330 of 2024 arises out of O.A. No. 050/00105/2021. The brief facts of the case, according to the petitioner herein is that he was appointed through the Civil Services Examination, 2015 in Group ‘A’ Service vide appointment letter dated 08.12.2016 on the following terms and conditions:-

“(i) Your appointment will be subject to all the rules applicable to the Members of the IRS (C&CE) Group "A".

(ii) You will be required to work in the Customs, Central Excise and Narcotics wings of the Central Board of Excise & Customs (CBEC) for training or otherwise as and when required.

(iii) You will draw pay in the Level 10 of Pay Matrix (corresponding to Pre-Revised Pay Band - 3 (Rs. 15,600- 39,100) plus Grade Pay of Rs. 5400/-) in the manner as laid down in CCS (Revised Pay) Rule 2016 and other Government instructions issued on the subject.

(iv) You will be on probation for a period of two years. During this period you will undergo theoretical and practical training in the working of the Customs, Central Excise and Narcotics wings of CBEC in the National Academy of Customs, Excise & Narcotics (NACEN), Faridabad and its Regional Training Institute, Bhandup, Mumbai and also in the field formations of CBEC that will be indicated in the due course by DG, NACEN and will have to pass Part l and Part Il of the Departmental Examination in Customs & Central Excise laws and other related subjects within the probationary period of two years. The grant of Increment shall be in accordance with the extant rules/orders of the Government of India.

(v) The period of probation may be extended at the discretion of Government, if you do not pass the Departmental Examinations within the prescribed time or for any other reason, in accordance with the orders or instructions issued by the Government from time to time in this regard. Repeated failure to pass the Departmental Examination within the extended period of probation will entail loss of employment.

(vi) The Government may discharge you from service at any time during the period of probation, if, in the opinion of the Government your work or conduct during this period is considered unsatisfactory, or shows that you are unlikely to become an efficient officer.

(vii) You will be considered for confirmation in service on successful completion of the period of probation and also if you are found fit in every respect for confirmation.

(viii) It should be clearly understood that your appointment is subject to any change in the constitution of the Indian Revenue Service /Customs & Central Excise) Group 'A' which the Union Government may think proper to make from time to time and that you will have no claims for compensation in consequence of any such change.

(ix) You will be liable for transfer to any station within the Union of India.

(x) No person:

(a) Who has entered into or contracted a marriage with a person having a spouse living: or

(b) Who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the service.

Provided that where the Central Government is satisfied that such marriage is permissible under the personal law, applicable to such person and the other party to the marriage and there are other grounds for doing so, exempt any person from the operation of this rule.

(xi) In accordance with instructions contained in the Department of Personnel & Training's O.M. No.13018/ 8/96-AIS) dt. 23.04.