The court upheld the Circular dated 20.09.2018 and emphasized the need for the competent authority to decide representations within two months from the receipt, in line with the judgment of the Apex Court. The court also clarified that the disposal of the petition should not be construed as a denial of right to the petitioners if they become entitled to the prayer at a future date due to a review pending before the Apex Court or a change in the policy as directed by the Apex Court.

ORDER :

SONIA GOKANI, J.

1. Draft amendment is allowed. Necessary amendment shall be carried out today itself.

2. Notice returnable forthwith. Mr. Nikunt Raval, learned Senior Standing Counsel waives service of notice for and on behalf of respondents.

3. The challenge in this petition is to the order of the Central Administrative Tribunal, Ahmedabad in Original Application No.484 of 2018 on the ground of challenge of Circular dated 20.09.2018 and the same having been upheld by the Apex Court in case of S.K. Nausad Rahaman & Ors. Vs. Union of India & Ors reported in AIR 2022 SC 1494. The original application is disposed of with the observations that the representation if made by the applicants regarding the grievance is within one month before the competent authority, the same shall be decided as per the law in light of the judgment of the Apex Court within two months from the receipt of the representation.

4. Prayers of the present petition are as follows:

“A. That the Honourable Court may be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction to the respondent-authorities and,

B. Be pleased to allow the present petition, and

(i) quash and set aside the order dated 21.09.2022 passed by the Ld. Central Administrative Tribunal in OA No.484 of 2018, Annexure-A to this petition, and

(ii) further be pleased to direct the respondent authorities to continue the petitioners in their present Commissionerate till new policy decision is taken by the Central Board of Indirect Taxes and Customs as directed by the Hon’ble Apex Court in judgment dated 10.03.2022 in Civil Appeal No.1243 of 2022, and further be pleased to examine and consider the case of each petitioner in light of directions given in judgment dated 10.03.2022 keeping in mind the terms and conditions of their Inter-Commissionerate Transfer as well as fact that more than five to six years, they have been serving in present commissionerate, and

(iii) direct the respondent authorities to apply the Circular dated 20.09.2018 prospectively as has been done to other Inspectors who are transferred to another Zone prior to 26.12.2016, and

(iv) pending admission and final disposal of this petition, the Honourable Court may be pleased to stay the order dated 21.09.2022 passed by the Ld. Central Administrative Tribunal in OA No.484 of 2018, and/or direct the respondent authorities to maintain status quo, and/or

(v) grant any other relief or pass any other order, which the Honourable Court may consider as just and proper in the facts and circumstances of the case.”

5. Some of the petitioners have already made representations whereas the others are to do it before the period of 30 days get completed. The competent authority in light of the decision of the Apex Court is directed to decide such representation within two months from the receipt of such representation.

6. We have heard the learned advocate Ms. Harshal Pandya for the petitioners and learned Senior Standing Counsel Mr. Nikunt Raval for the respondent Nos.1 and 5. It was made clear at the outset, we are deciding the matter finally considering the limited scope after the decision of the Apex Court.

7. The brief facts leading to the present petition are as follows:

Present petitioners applied for Inter Commissionerate Transfer (for short “ICT”), who had joined the Department from the year-2010 to 2013 in light of the Board’s instruction dated 27.10.2011 in different years. They all joined new commissionerate in Gujarat with an undertaking as required by the authority and since the year-2017, they have been working in the cadre of Inspector in the present commissionerate.

8. The new Recruitment Rules came to be introduced in the year-2016 governing the service conditions of the cadre of Inspector (Central Excise). It is their case that they since were recruited pursuant to Recruitment Rules, 2002, their appointments are governed by the Rules of 2002. The applications for ICT w