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2024 Supreme(Online)(CAT) 948
CENTRAL ADMINISTRATIVE TRIBUNAL GUWAHATI BENCH Original Application No. 040/300/2019 Miscellaneous Application No. 040/0065/2023 Date of order: 16th February, 2024 HON’BLE SMT. URMITA DATTA (SEN), JUDICIAL MEMBER HON’BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
1. Sri Achyut Kumar Pathak, S/o Gunja Nath Pathak Resident of: Nowboisha Gaon (Garaniya Chowk), Jorhat, Pin: 785015
2. Sri Mridul Lahon S/o Late Junabor Lahon Resident of: Jairahkapow Gaon, P.O. Dhamal Gaon, P.S. Barboruah, Dibrugarh, Pin: 786004
3. Sri Ananta Sonowal S/o Late Mahendra Nath Sonowal Resident of: Mancotta TeporGaon, P.O. C.R. Building Mancotta, Milan Nagar, Dibrugarh, Pin: 786003
4. Sri Paramananda Sonowal S/o Sri BhagramSonowal Resident of: Jokai HarakPathar, P.S. Barboruah, Dibrugarh, Pin: 786003
5. Sri Satya Ranjan Baruah S/o PhanidharBaruah Resident of: Bamun Moran, Gaurisagar, Sivasagar, Pin: 785669
6. Sri Dadul Hatibaruah S/o Libon Hatibaruah Resident of: Pulibor (RRL), Dekagaon, Jorhat, Assam, Pin: 785704
7. Sri Mohendra Bori S/o Late Amar Singh Bori Resident of: NamtemeraGaon, Mohuramuukh, Golaghat, Pin: 785619
8. Sri Galaty Bosphor D/o Late Golowa Basfore Resident of: Harijan Colony, Near Mariani Station, Ward No.- 4, Pin-785634
9. Sri Montu Sonowal S/o Late Nomal Sonowal Resident of: Gubindapur Gaon, Panitola, Tinsukia, Assam, Pin: 786183
10. Sri Ambika Giri Nath C/o Tikendra Nath Office of the Superintendent Central Goods and Service Tax, New Market, Digboi, Tinsukia, Pin: 786171
11. Sri Rinku Singha C/o Late J. T. Singha Resident of: Doom Dooma, Uchamati, Tinsukia, Pin-786151
12. Sri Shivraj Balmiki Late Chode Balmiki Resident of: Central Digboi, 1058/8, Tinsukia, pin- 786171 13. Sri P. Shankar Rao S/o Late P. Appul Swami Office of the Superintendent of Central Goods and Service Tax, New Market, Digboi, Tinsukia, Pin-786171
14. Sri Kajal Debnath S/o Late Jatin Debnath Resident of: Margeeta Charali, Blue Moon Hotel, Sri Ram Mandir, Margereta, Tinsukia, Central Digboi, 1058/B, Tinsukia, Pin- 786181
15. Sri Devakanta Dihingia S/o Late Phanidhar Nath Dihingia Resident of: Nandua Gohain Gaon, P.O. Chetia Gaon (Chabua), Pin- Dibrugarh, Pin- 786184
16. Sri Indra Mohan Borah S/o LateTarun Chandra Borah Resident of: Dipota, Sonitpur, Pin-784150 17.Sri Amrit Baishya Late Minaram Baishya Resident of: Patidarrang, Darang, Pin-784147
18. Miss Mili Goswami D/o Sri Bimal Goswami Resident of: Ward No. 5, Rabar Bagan, Tezpur, Sonitpur, Pin-784001 19. Sri Sanjib Kr. Das S/o Late Nirmal Chandra Das Resident of: Indira Nagar, Tezpur, Pin-784001
20. Sri Jyotirmoy Saha S/o Late Jotindra Mohan Saha Resident of: B/L. 4, Nepalipatti, Bamun Gaon, Tezpur, Pin- 784001 21. Sri Sudhir Ch. Das S/o Late Suklal Das Resident of: Ward No. 9, Sankar Nagar, Mangaldoi, Darrang, Pin-784125
22. Sri Tarakswar Basfor S/o Late Mahesh Basfor Ward No. 13, Harijan Colony, North Lakhimpur, Pin-787001 23. Ms. Pali Kuar, D/o Late Gopal Singh, Chandmari, Ward No. 10. Golaghat, PIN-785621 --Applicants -AND-
1. The Union of India, Represented by the Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi-110001
2. The Chief Commissioner, Central Goods & Service Tax and Customs Shillong-793001
3. The Commissioner, Central GST and Central Excise, Milan Nagar, Dibrugarh, Pin-786003
4. The Assistant Commissioner Office of the Assistant Commissioner, Central Excise, Dibrugarh Division, Pin- 786003
5. The Deputy Commissioner, Central Goods & Service Tax, Dibrugarh Commissionerate, Milan Nagar, Dibrugarh - 786003.
--Respondents Present:
Adv. for applicant(s):
Sri. A. K. Baruah Adv. for respondent(s):
Sri. A. Kundu, Addl. CGSC
ORDER
PER: URMITA DATTA (SEN), MEMBER(J): It has been submitted by learned counsel for the applicants that since the grievance/cause of action is same, therefore, leave may be granted to move the application jointly under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987.
Prayer is allowed.
2. The instant application has been filed praying for the following relief:
| “8.1. The Hon'ble Tribunal be pleased to direct the respondents to |
| grant the applicants minimum pay of Level 1 of the Pay Matrix as |
| per the recommendations of 7th Pay Commission i.e. Rs. 18000/- |
| per month w.e.f. 01.01.2016. |
| 8.2. The Hon'ble Tribunal be pleased to direct the respondents to |
| grant the applicants pay at the rate 1/30th of the pay at the |
| maximum limit of Rs. 18,000/- plus applicable Dearness Allowances |
| of the erstwhile Group D Staff for work of 8 hours a day in terms of |
| DOP&T OM dated 07.06.1988 Annexure A 2) and Ministry of Labour |
| OM dated 23.08.1988 (Annexure A 3), along with arrear monetary |
| benefits. |
| 8.3. Set aside/quash the Order dated 06.09.2019 issued by the |
| Deputy Commissioner, Central Goods & Service Tax, Dibrugarh |
| Commissionerate (Annexure A11). |
| 8.4. Any other relief or reliefs as the Hon'ble Tribunal may deem fit |
| and proper, including the cost of the case.” |
| “8.1. The Hon'ble Tribunal be pleased to direct the respondents to |
| grant the applicants minimum pay of Level 1 of the Pay Matrix as |
| per the recommendations of 7th Pay Commission i.e. Rs. 18000/- |
| per month w.e.f. 01.01.2016. |
| 8.2. The Hon'ble Tribunal be pleased to direct the respondents to |
| grant the applicants pay at the rate 1/30th of the pay at the |
| maximum limit of Rs. 18,000/- plus applicable Dearness Allowances |
| of the erstwhile Group D Staff for work of 8 hours a day in terms of |
| DOP&T OM dated 07.06.1988 Annexure A 2) and Ministry of Labour |
| OM dated 23.08.1988 (Annexure A 3), along with arrear monetary |
| benefits. |
| 8.3. Set aside/quash the Order dated 06.09.2019 issued by the |
| Deputy Commissioner, Central Goods & Service Tax, Dibrugarh |
| Commissionerate (Annexure A11). |
| 8.4. Any other relief or reliefs as the Hon'ble Tribunal may deem fit |
| and proper, including the cost of the case.” |
3. As per the applicants, they were engaged in various dates between the year 1997-2002 in Jorhat, Dibrugarh, Tezpur and Tinsukia Division of the Department of Central Excise respectively against various posts as casual workers i.e Farash, Farash cum Water Carrier, Generator Operator, Safaiwala etc. They were appointed by the Assistant Commissioner, Central Excise of their respective Division on daily wage basis on No Work No Pay basis (Annexure A-1 colly). According to the applicants, they are doing regular nature of job of 08:00 Hours and in most of the case, for the entire month since their initial engagement till date, which would be evident from the rejoinder in the duty list of Group “C” Non-Ministerial Staff & Casual Worker for different periods; different Divisions and from the specimen copy of the duty list of some of the applicants ((Annexure A-12 and 13, colly).
It has also been further submitted by Sri A.K. Baruah, learned counsel for the applicants that one of the applicants, namely, Sri. Amrit Baishya, had took part in the seizure case of 9208.6 Kgs of Ganza (Cannabis) seized on 05.09.2005 and was awarded by the Senior Intelligence Officer, Directorate of Revenue Intelligence, Guwahati Regional Unit on 27.02.2008 (Annexure A-14 of Rejoinder). He further submits that the applicants were given rotational and adjustment of work in the Inter Office rotation of the Officers in the grade of Gr. D. officers, Farash and Casual Workers vide order dated 26.04.2006 (Annexure A-15 of Rejoinder). Even their works were distributed with time frame (Annexure A-16 of rejoinder). It is also noted that vide order/communication dated 07.12.2012 issued by the Office of the Assistant Commissioner of Central Tax Central GST Division; Tinsukia (Assam) to the Joint Commissioner, Central Goods & Service Tax , Dibrugarh, following
