2024 Supreme(Online)(CAT) 13449

CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/436/2024 th Jabalpur, this Wednesday, the 25 day of September, 2024 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Ajit Kumar K G, S/o A. Gopinathan, Aged about 54 years Occupation- Superintendent CGST Nagpur - II Commissionerate, R/o Qtr. 9, Type-4, CGST & Customs Residential Complex, Seminary Hills, Nagpur, Maharashtra-440006.
2. Nitin Arun Marathe, S/o Arun Vinayak Marathe, Aged about 58 years Occupation- Retired Superintendent Commissioner, (Appeals), Nagpur R/o
108, Sahakar Nagar, Khamla Road, Near Sonegaon Lake, Nagpur 440025.
3. Sharad Gajanan Wankhede, S/o Gajanan Domaji Wankhede, Aged about 58 years Occupation- Assistant Commissioner Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o Flat No. 507, Narendra Heights, Narendranagar, Nagpur 4400015.
4. Hitesh Jayantilal Dasani, S/o Jayantilal Mohanlal Dasani Aged about 60 years, Occupation-Retired, Assistant Commissioner Retired from CGST Nagpur Il Commissionerate, R/o Flat No. 403, Subhedar Apartment, Dr Munje Marg, Congress Nagar, Nagpur 440012.
5. Rajiv Damodharrao Dalal, S/o Damodharrao Gopalrao Dalal, Aged about 58 years, Occupation-Superintendent, CGST Nagpur - 1 Commissionerate R/o "Tulsi", 28, West Abhaya Nagar, Zanzad Layout, Near rameshwari Ring Road, Nagpur – 440027.
6. Pramod Roopchand Verma, S/o Roopchand Verma Aged about 58 years Occupation- Superintendent CGST Nagpur - I Commissionerate R/o 133, Rathod Layout, Swagat Nagar, Near Shukla Atta Chakki, Nagpur 440 013.
7. Achanta Prasuna Babu, S/o Achanta Narasimha Rao, Aged about 57 years Occupation- Superintendent Commissioner, (Appeals), Nagpur R/o G-005, Saraswati Apartments, M.B.Estate, Aakaar Nagar, Katol Road, Nagpur 440013.
8. Mrinmoy Baidya, S/o Nagendranath Baidya Aged about 58 years Occupation- Superintendent, CGST Nagpur - II Commissionerate, R/o Ravi Jain, 239, Jamna Shyma Building, Gandhi Chowk, Sadar, Nagpur 440001.
9. Anil Manohar Patekar, S/o Manohar G. Patekar Aged about 56 years Occupation- Superintendent CGST Nagpur - II Commissionerate R/o G-21, Sai Shraddha Park, Near VT Convent, Belatarodi, Nagpur 440037.
10. Vandana Sharma, W/o Ramkumar Sharma, Aged about 58 years Occupation- Superintendent CGST Nagpur - II Commissionerate R/o Row House Z-85, Ramnath City, Bokhara, Koradi Road, Nagpur 441111.
11. Gayathri Ananth, W/o Vivek Siriah, Aged about 55 years Occupation- Superintendent CGST Audit Commissionerate Nagpur (Now on loan to DGGI, Nagpur Zonal Unit) R/o Qtr. 6, Type-4, CGST & Customs Residential Complex, Seminary Hills, Nagpur, Maharashtra-440006.
12. Vijay Anand Sunder, S/o C. K. Sunder, Aged about 55 years Occupation-Superintendent CGST Nagpur II Commissionerate R/o Flat no. 204, Nirman Heritage Apartments, Plot No. E-17/18, Shrinath Sai Nagar, Nagpur 440027.
13. Shashi Shekhar Sinha, S/o Dr Bijay Kumar Sinha Aged about 54 years Occupation-Superintendent CGST Nagpur -II Commissionerate R/o G-003, Saraswati Apartment, M.B. Estate, Aakaar Nagar, Katol Road, Nagpur
440013.
14. Chandrakant Madhukar Bhagde, S/o Madhukar Shridharrao Bhagde, Aged about 57 years, Occupation- Superintendent CGST Nagpur -II Commissionerate R/o Plot No. 29, Yogakshem Lay- out, Snehanagar, Wardha Road, Nagpur 440015.
15. Atul P Mahajan, S/o Prabhakarrao L Mahajan, Aged about 54 years Occupation- Superintendent CGST Nagpur - I Commissionerate R/o Plot no. 71-72-73, Utkarsh Uday Apartments, Gittikhadaan Layout, Near Durga Temple, Ranapratap Nagar, Nagpur 440022.
16. Nitin Madhukar Agrey, S/o Madhukar Pralhad Agrey, Aged about 55 years Occupation-Superintendent CGST Audit Commissionerate Nagpur R/o Plot No. F-10, Near Ganesh Mandir, Tatya Tope Nagar, WHC Road, Nagpur 440015.
17. Kuldeep Ramaswamy Reddy, S/o Ramaswamy Ramdas Reddy, Aged about 56 years Occupation- Superintendent CGST Audit Commissionerate Nagpur (Now on loan to DGGI, Nagpur Zonal Unit) R/o 78/79, Gulshan Colony, Katol Road, Nagpur 440013.
18. Prashant Rambhau Warkar, S/o Rambhau Laxman Warkar, Aged about 55 years Occupation- Superintendent, Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o Flat No. A/004, Sanchayani Prestige Complex, Swavalambi Nagar, Nagpur 440022.
19. Nitin Gopichand Upadhye, S/o Gopichand S Upadhye, Aged about 56 years Occupation- Superintendent Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o 34, Vijay Nagar, Katol Road, Sadar, Chaowni, Nagpur 440013.
20. Ajay Taranath Thoolkar, S/o Taranath R. Thool, Aged about 58 years Occupation-Superintendent CGST Nagpur I Commissionerate R/o 108A, Rachana Sayantara Apartments (Phase 1), Hazari Pahad, Nagpur 440007.
21. Catherine Roshan Tirkey, W/o Roshan Tirkey, Aged about 55 years Occupation-Superintendent CGST Nagpur 1 Commissionerate R/o G-4.
М.Е.С. Apartments, Opp. Hislop College/Chitnavis Centre, Temple Road, Civil Lines, Nagpur 440001.
22. Kamakshi S Banerjee W/o Sandeep Adwaita Banerjee, Aged about 59 years Occupation- Superintendent Customs Nagpur Commissionerate R/o Plot No. 74, Purvarambha Apartts., Govt. Press Society, Jaitala, Nagpur.
23. Shekhar Pandurang Selukar, S/o Pandurang Nagorao Selukar, Aged about 58 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate R/o Flat No. 205, Bldg. No. 3, Vidarbha Premier B.D.S.Y.Apartments, Gandhisagar, Nagpur 440018.
24. Shekhar Bansilal Suryawanshi, S/o Bansilal Suryawanshi, Aged about 53 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate Raj Place Apartment, R/o Flat No. 203, Plot No. 49, Dattatray Nagar, Nagpur 440024.
25. Vijay Dagduji Rathod, S/o Dagduji Rathod, Aged about 55years Occupation-Superintendent Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone Mangalam Tulsi Apartment, R/o Flat No. 503, 5th Floor, Beside K T Nagar, Katol Road, Nagpur 440013.
26. Sangeeta Prashant Warkar, W/o Prashant R. Warkar, Aged about 56 years Occupation- Superintendent CGST Nagpur - I Commissionerate R/o Flat No. A/004, Sanchayani Prestige Complex, Swavalambi Nagar, Nagpur
440022.
27. Prakash N Wakdikar, S/o Nilkanthrao L. Wakdikar, Aged about 58 years, Occupation- Superintendent CGST Nagpur 1 Commissionerate R/o Krishna Vihar, Near Narendra Nagar, Nagpur 440015.
28. Anil Kumar Pandit, S/o Hiralal Wasudeo Pandit, Aged about 57 Years Occupation-Superintendent CGST Nagpur - 1 Commissionerate R/o Flat No. 302, Plot No. 135, Bakul Apartment, Ramnagar, Nagpur 440033.
29 Satchidanand Shreepad Soman, S/o Shreepad Trimbak Soman, Aged about 49 years Occupation- Superintendent CGST Nagpur -II Commissionerate R/o Flat No. B-201, Sukhakarta Apartment, Plot No. 34, Ganesh Gruh Nirman Society, Pannase Layout, Nagpur 440022.
30. Nalini Rajesh Ezekiel, W/o Rajesh Boaz Ezekiel, Aged about 56 years Occupation-Superintendent CGST Nagpur - 1 Commissionerate R/o 38, MΜ.Β. Estate, Near Aakar Nagar, Nagpur 440013.
31. Binay Kumar Sinha, S/o Rameshwar Pd. Sinha, Aged about 58 years Occupation-Superintendent Chief Commissioner's Office, CGST, CX & Customs, Nagpur Zone R/o Plot No. 28, Swagat Nagar, Near Anant Nagar, Nagpur 440013.
32. Joan D'Souza, D/o Bernard D'Souza Aged about 57 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate R/o A-101, Ganga Apartments, Near Little Flower School, Mohan Nagar, Nagpur 440001.
33. Abdul Javed Abdul Razzak, S/o Abdul Razzak, Aged about 52 years Occupation Superintendent CGST Nagpur -II Commissionerate R/o Plot no. 26, Utkarsh Cooperative Housing Society, Awasthi Nagar, Beside ICICI Bank, Jafer Nagar, Nagpur.
34. Ravi James, S/o James Mohanlall Aged about 55 years Occupation- Superintendent CGST Audit Commissionerate Nagpur R/o Plot No. 17, Jaikrishna Nagar, Near Kamagar Nagar, Police Lines, Takli, Nagpur.
35. Deepak Devidas Salodkar, S/o Devidas Marotrao Salodkar Aged about 56 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate R/o 37-A Shiv Nagar, Nehru Park Nagpur.
36. Narendra Krishnarao Bapat, S/o Krishnarao Bapat Aged about 57 years Occupation-Superintendent CGST Audit Commissionerate Nagpur R/o 401, Krushnai Enclave, R-157, Reshimbagh Nagpur.
37. Anil Kumar Pal, S/o Mahabir Singh Pal, Aged about 56 years Occupation- Superintendent CGST Audit Commissionerate Nagpur R/o Vedant Glory Apartments, Indrprasth Layout, Nagpur-440022.
38. Paras Domaji Chaware, S/o Domaji Narayan Chaware, Aged about 59 years Occupation- Superintendent Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o Plot No 60 Natraj Housing Society, Utthan Nagar Gorewada Nagpur-13.
39. Manjusha Sudhir Pardikar, W/o Sudhir W. Pardikar, Aged about 57 years Occupation- Superintendent CGST Nagpur II Commissionerate R/o
73, Devidas Apartment, Hindustan Colony, Wardha Road Nagpur.
40. Manoj Kumar Mahadevrao Donikar, S/o Mahadevrao G. Donikar, Aged about 60 years Occupation- Superintendent (Retired) CGST Nagpur II Commissionerate R/o Plot No 10, Opp. Anusay Mata Mandir, Sabina Co-op Housing Society, Ekta Nagar Gorewada Nagpur -13.
41. Dilip Pandharinath Dalal, S/o Pandharinath Pandurangji Dalal, Aged about 61 years Occupation- Superintendent (Retired) From CGST Nagpur-1 Commissionerate (Division Bhandara) R/o H.No. 183, Ram Mandir Ward, Behind Dalal Wada, Badabazar Bhandara 441904.
42. Vinaya Vitthal Gangshettiwar, W/o Vitthal Balkrishna Gangshettiwar Aged about 60 years Occupation- Superintendent (Retired) from CGST Commissionerate Nagpur-II R/o 25, Sai Krupa, Gharkul Housing Society, Parate Layout Nagpur 440025.
43. Sandeep Trehan, S/o Vishwamittra Trehan Aged about 63 years Occupation- Superintendent (Retired) from CGST Audit Commissionerate Nagpur 52, Swami Colony, Phase 11, Katol Road 440013.
44. Subhash Chander Gupta, s/o Kaur Chand Gupta, Aged about 63 years Occupation- Superintendent Retired from CGST Audit Commissionerate Nagpur R/o PLNo. 34 Near Basketball Ground, Tilak Nagar, Nagpur-
440010.
45. Prabhakar Nilkanthrao Burde, S/o Nilkanthrao Narayanrao Burde Aged about 62 years Occupation Superintendent Retd from CGST Nagpur -11 Commissionerate R/o 31, Swaraj nagar Near Omkar Nagar, Manewada Ring Road Nagpur- 440027.
46. Chandrakant Burde, S/o Manohar Burde Aged about 68 years Occupation- Superintendent Retd from CGST Nagpur II Commissionerate (Then CX &Customs Nagpur II) R/o 50,Devheight Saikripa Society, Narendranagar Nagpur 440 015.
47. Joydeep Shibdas Choudhury, S/o Shibdas Choudhury Aged about 57 years Occupation- Superintendent Retired VRS from CGST Audit Commissionerate Nagpur R/o Pl. No. 180, Gurudutta Row Bungalow, Behind Samraat Symphony, Nagre Nagar, Nashik 422009.
48. Vijay Mahajan, S/o Pundlikrao Mahajan, Aged about 64 years Occupation- Superintendent Retd from CGST Nagpur-II Commissionerate Amravati Division R/o Plot. No 4A, Vishnu Nagar, VMV Road Amravati
444604.
49. Uday Arvind Gupte, S/o Arvind Mahadeo Gupte, Aged about 61 years Occupation-Superintendent Retd from CGST Nagpur -1 Commissionerate Flat No 9. Laxmiprasad Apartment, Damodhar Estate. Bhujbal Bagh Karvenagar Pune 411052.
50. Bansilal Baburao Sudame, S/o Baburao C. Sudame, Aged about 58 years Occupation- Superintendent Retd from CGST Nagpur-Il Commissionerate R/o Plot No 272, Nagar Vikas Co-op. Housing Society, Narendra Nagar, Nagpur 440 015.
51. Dipak Kisanji Sontakke, S/o Kisanji Karnuji Sontakke, Aged about 55 years, Occupation- Superintendent Retd from Customs Nagpur Commissionerate R/o Plot No 07, Near IDBI ATM, Dattawadi, Amravati Road, Nagpur.
52. Chandrashekhar Lalaji Ghodke, S/o Lalaji Ghodke, Aged about 59 years Commissioner CGST Occupation-Assistant Audit Nagpur Commissionerate R/o 17, Techops City, Gonhi Sim, Dighori Naka, Umred Road, Nagpur.
53. Prashant Mahdeorao Kargaonkar, S/o Mahadeorao D. Kargaonkar Aged about 58 years Occupation- Assistant Director DGCI, Nagpur Zonal Unit, Nagpur R/o Amar Enclave Aptt., Flat No C-504, Prashant Nagar, Ajni Nagpur-440015.
54. Sudhakar Dhanuji Madavi, S/o Dhanuji Madavi Aged about 56 years Occupation-Assistant Commissioner, CGST Pune -II Commissionerate R/o Plot No. 38, Harihar Nagar, opp. Maxx Sanmann Building, Beltarodi Road, Besa Nagpur 440037.
55. Jayant Yashwantrao Shindekar, S/o Yashwantrao Mahadeo Shindekar, Aged about 68 years, Occupation- Assistant Commissioner, Retd from Customs Commissionerate Nagpur, Airport Customs then under CX, ST & Customs Commissionerate Nagpur-1 R/o 1097, Ashirwad Nagar, Near Thakre High school.
56. Arun Bhaurao Tidke, S/o Bhaurao Ganpatrao Tidke, Aged about 68 years Occupation- Assistant Commissioner, (Retd) from Customs & CEX. Nagpur-II Commissionerate (Now CGST Nagpur- II Commissionerate) R/o Plot No 31, Appu Colony, Opposite Bhuyar Hospital back gate Near Shegaon naka, Amravati 444603 -Applicants (By Advocate – Shri Amardeep Gupta)
V e r s u s
1. Union of India represented by Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi.
2. Chairman, Central Board of Indirect Taxes & Customs, North Block, New Delhi 110001.
3. Secretary, Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, North Block, New Delhi 110001.
4.Chief Commissioner of Central Tax, Central Excise & Customs, Bhopal Zone, 35-C, GST Bhawan, Administrative Area, Arera Hills, Bhopal –
462001 (M.P.).
5. Chief Commissioner of Central Tax, Central Excise & Customs, Nagpur Zone, GST Bhavan, Telenkhedi Road, Civil Lines, Nagpur, Maharashtra – 440001 - Respondents (By Advocate – Shri Himanshu Shrivastava)
O R D E R By Akhil Kumar Srivastava, JM.-
Applicants are aggrieved that they have not been granted the benefit of Modified Assured Career Progression Scheme (MACPS) on completion of
20/30 years of service.
2. At the outset, learned counsel for the applicants submitted that this matter is fully covered by the common order passed by this Tribunal in Original Application No.200/849/2016 & other connected OAs on 20.09.2018. Therefore, he prays that similar order may also be passed in the present case.
3. Learned counsel for the respondents though did not dispute that the issue is identical to that of OA No.200/849/2016, he submits that SLP No.10457/2022 challenging the said order is pending before the Hon’ble Supreme Court.
4. We have perused the record and we find that the issue involved in this Original Application has already been adjudicated upon by this Tribunal in Original Application No.849/2016 & other connected OAs, in which this Tribunal vide order dated 20.09.2018 has passed the following orders:
“12. The question which arose for our consideration is whether the Non- functional scale in Grade Pay of Rs.5400 in PB-2 granted to the applicants should be accounted as a promotion or ACP as far as MACPS is concerned? If this upgradation of grade pay is accounted as a promotion, obviously one of the three assured upgradations eligible under MACPS will be curtailed.
13. We may note that the issue involved in this Original Application has already been considered and decided by the Hon’ble High Court of Madras in the case of R. Chandrasekaran (supra), wherein it has been held as under:
“16. The Customs and Central Excise Department has granted benefits of MACP to the employees like petitioner herein without taking into account the financial upgradation given on ‘non-functional scale’. The departments have earlier maintained that only functional promotions would be counted for the purpose of extending the benefits of ACPS. The employees were all given benefits by taking a position that there was no provision for counting ‘non-functional scale’ for the purpose of ACPS. Subsequently, on the basis of further clarification the benefits were all withdrawn. This resulted in filing several original applications before the Central Administrative Tribunal. The Central Administrative Tribunal, Chandigarh Bench rejected the contentions taken by the respondent in O.A. No.1038 of 2010. The said decision was upheld by the High Court of Punjab and Haryana. Even thereafter several orders were passed by the respondents. We have considered similar writ petitions. In case the concerned departments took earnest efforts to codify all the circulars issued earlier and to issue a fresh circular explaining the nature and scope of MACPS and as to whether non- functional scale would be counted for the purpose of ACPS, it would be possible to avoid cases like this and future cases that are bound to come. We are therefore of the view that instead of deciding the matter one way or the other it would be in the interest of all the parties to direct the Department of Personnel, Public Grievances and Pensions to look into the issue and to take a decision in the light of MACP Scheme.
17. Since the Central Administrative Tribunal has taken a decision not withstanding the claim made by the petitioner and in view of our decision to direct the Department of Personnel, Public Grievances and Pensions to consider the issue once again, we set aside the order passed by the Central Administrative Tribunal dated 24 Februrary 2014 in O.A.No.675 of 2013 and remit the matter to the Department of Personnel, Public Grievances and Pensions for fresh consideration. The Department of Personnel, Public Grievances and Pensions is directed to consider the issue in extenso in the light of the provisions of MACP Scheme and the benefits given to the employees like the petitioner to count the non-functional scale for the purpose of ACPS. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this writ petition.”
14. It is pertinent to mention that recently, the coordinate Bench at Mumbai in the case of Prakash Vasant Ratnaparkhi (supra), has dealt with this issue. While allowing the Original Application, it was observed as under:-
“18. We note that there is no reference that the order of the Tribunals in the above OAs ar paras 15, 16 and 17 of this order have been challenged by either party. The orders were passed in 2015 and 2016 and there is no reference, specifically, to the status of compliance of the orders in the OAs. The only development is that a general reference (post judgment of the Hon’ble High Court of Madras) is pending with DOPT since 2015.
19. The Tribunal is led to believe that the respondents have not been quick to act or obtain decision on the directions of the Tribunal in the said OAs and the matter appears to be pending even as late as June, 2017 when the present OA is being heard regarding 11 more similarly situated applicants. A waiting line/queue of pending orders has been created with a line of same orders for disposal in similar matters. The queue has practically not moved forward and remained static since 2015. Hence, we are not inclined to permit respondents to take any further umbrage by merely directing them to pass a reasoned and speaking order, as in the earlier OAs, so long as it is not denied by respondents, anywhere in the OA that present applicants are dissimilarly situated to that of Shri R.Chandrasekaran. The only view taken is that the reference is pending in DOPT in the light of order in R.Chandrasekaran’s case (supra).
20. Further, a view has already been taken after due Inter-Ministerial consultation following the Judgment of the Hon’ble High Court of Madras. Inter-Ministerial consultations means that the decision is not a decision in personam, but a decision in rem. Hence, having complied with the order of the Hon’ble High Court of Madras, the Judgment of the Hon’ble High Court being a judgment in Rem leaving no scope for further dilly dallying on respondents to pass a similar order in favour of present applicants not distinguished in the OA by respondents as being dissimilar. The Judgment of the Hon’ble High Court of Madras (and Hon’ble High Court of Punjab and Haryana, as referred in the order of the Hon’ble High Court of Madras) has attained finality. Any similar direction in the light of earlier OAs is not warranted, in such a situation, in the interest of justice and resolving and not keeping disputes pending, where they qualify to be disposed of finally.
21. It may be that applicants in this OA consist of retired or serving officers. But the cause of action remained the same in case of all the applicants. In any case, the joint petition was allowed by this Tribunal and this order was never challenged at the appropriate time by the respondents.
22. In view of the above the impugned order is set aside, as the prayer clause 8 (a) of this OA is liable to be allowed. The respondents are directed to comply with the orders within a period of two months from the date of receipt of certified copy of this order in all the similarly situated persons among the eleven applicants. Since the matter is pending with DPT based on a bonafide belief that DOPT would issue clarification/decision, no interest is payable.”
15. It is the case of the applicants that they are similarly situated to that of R. Chandrasekaran and are also entitled for the similar benefit, as has been extended to him. The applicants, in Para 4.9 of the O.A have stated that after the order passed by the Hon’ble Madras High Court in the case of R. Chandrasekaran, the respondents issued an order dated 26.05.2015, whereby, it was directed to implement the order passed by the Hon’ble Madras High Court. Though the respondents have stated that vide the impugned order dated 20.06.2016 (Annexure A-1), they have withdrawn their earlier order dated 26.05.2015 in the case of R. Chandrasekaran and a decision has been taken to defend the cases, emerging out of the case of R. Chandrasekaran, however, there is no denial regarding the applicants being similarly situated to that of R. Chandrasekaran. Since, the judgment passed by the Hon’ble High Court of Madras in the case of R. Chandrasekaran (supra) is judgment in rem, as has been held by the coordinate Bench at Mumbai in the case of Prakash Vasant Ratnaparkhi (supra) and there is no such denial that the applicants are not dissimilar to that of R. Chandrasekaran, therefore, we hold that the applicants are also entitled for the similar benefit, as has been extended to R. Chandrasekaran.”
6. In view of the aforesaid, we dispose of this Original Application in terms of our order passed in OA No.849/2016 & other connected OAs. However, we make it clear that implementation of our order shall be subject to final outcome of SLP No.10457/2022 pending before the Hon’ble Supreme Court. No order as to costs.
(Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member am/-
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR Original Application No.200/436/2024 th Jabalpur, this Wednesday, the 25 day of September, 2024 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Ajit Kumar K G, S/o A. Gopinathan, Aged about 54 years Occupation- Superintendent CGST Nagpur - II Commissionerate, R/o Qtr. 9, Type-4, CGST & Customs Residential Complex, Seminary Hills, Nagpur, Maharashtra-440006.
2. Nitin Arun Marathe, S/o Arun Vinayak Marathe, Aged about 58 years Occupation- Retired Superintendent Commissioner, (Appeals), Nagpur R/o
108, Sahakar Nagar, Khamla Road, Near Sonegaon Lake, Nagpur 440025.
3. Sharad Gajanan Wankhede, S/o Gajanan Domaji Wankhede, Aged about 58 years Occupation- Assistant Commissioner Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o Flat No. 507, Narendra Heights, Narendranagar, Nagpur 4400015.
4. Hitesh Jayantilal Dasani, S/o Jayantilal Mohanlal Dasani Aged about 60 years, Occupation-Retired, Assistant Commissioner Retired from CGST Nagpur Il Commissionerate, R/o Flat No. 403, Subhedar Apartment, Dr Munje Marg, Congress Nagar, Nagpur 440012.
5. Rajiv Damodharrao Dalal, S/o Damodharrao Gopalrao Dalal, Aged about 58 years, Occupation-Superintendent, CGST Nagpur - 1 Commissionerate R/o "Tulsi", 28, West Abhaya Nagar, Zanzad Layout, Near rameshwari Ring Road, Nagpur – 440027.
6. Pramod Roopchand Verma, S/o Roopchand Verma Aged about 58 years Occupation- Superintendent CGST Nagpur - I Commissionerate R/o 133, Rathod Layout, Swagat Nagar, Near Shukla Atta Chakki, Nagpur 440 013.
7. Achanta Prasuna Babu, S/o Achanta Narasimha Rao, Aged about 57 years Occupation- Superintendent Commissioner, (Appeals), Nagpur R/o G-005, Saraswati Apartments, M.B.Estate, Aakaar Nagar, Katol Road, Nagpur 440013.
8. Mrinmoy Baidya, S/o Nagendranath Baidya Aged about 58 years Occupation- Superintendent, CGST Nagpur - II Commissionerate, R/o Ravi Jain, 239, Jamna Shyma Building, Gandhi Chowk, Sadar, Nagpur 440001.
9. Anil Manohar Patekar, S/o Manohar G. Patekar Aged about 56 years Occupation- Superintendent CGST Nagpur - II Commissionerate R/o G-21, Sai Shraddha Park, Near VT Convent, Belatarodi, Nagpur 440037.
10. Vandana Sharma, W/o Ramkumar Sharma, Aged about 58 years Occupation- Superintendent CGST Nagpur - II Commissionerate R/o Row House Z-85, Ramnath City, Bokhara, Koradi Road, Nagpur 441111.
11. Gayathri Ananth, W/o Vivek Siriah, Aged about 55 years Occupation- Superintendent CGST Audit Commissionerate Nagpur (Now on loan to DGGI, Nagpur Zonal Unit) R/o Qtr. 6, Type-4, CGST & Customs Residential Complex, Seminary Hills, Nagpur, Maharashtra-440006.
12. Vijay Anand Sunder, S/o C. K. Sunder, Aged about 55 years Occupation-Superintendent CGST Nagpur II Commissionerate R/o Flat no. 204, Nirman Heritage Apartments, Plot No. E-17/18, Shrinath Sai Nagar, Nagpur 440027.
13. Shashi Shekhar Sinha, S/o Dr Bijay Kumar Sinha Aged about 54 years Occupation-Superintendent CGST Nagpur -II Commissionerate R/o G-003, Saraswati Apartment, M.B. Estate, Aakaar Nagar, Katol Road, Nagpur
440013.
14. Chandrakant Madhukar Bhagde, S/o Madhukar Shridharrao Bhagde, Aged about 57 years, Occupation- Superintendent CGST Nagpur -II Commissionerate R/o Plot No. 29, Yogakshem Lay- out, Snehanagar, Wardha Road, Nagpur 440015.
15. Atul P Mahajan, S/o Prabhakarrao L Mahajan, Aged about 54 years Occupation- Superintendent CGST Nagpur - I Commissionerate R/o Plot no. 71-72-73, Utkarsh Uday Apartments, Gittikhadaan Layout, Near Durga Temple, Ranapratap Nagar, Nagpur 440022.
16. Nitin Madhukar Agrey, S/o Madhukar Pralhad Agrey, Aged about 55 years Occupation-Superintendent CGST Audit Commissionerate Nagpur R/o Plot No. F-10, Near Ganesh Mandir, Tatya Tope Nagar, WHC Road, Nagpur 440015.
17. Kuldeep Ramaswamy Reddy, S/o Ramaswamy Ramdas Reddy, Aged about 56 years Occupation- Superintendent CGST Audit Commissionerate Nagpur (Now on loan to DGGI, Nagpur Zonal Unit) R/o 78/79, Gulshan Colony, Katol Road, Nagpur 440013.
18. Prashant Rambhau Warkar, S/o Rambhau Laxman Warkar, Aged about 55 years Occupation- Superintendent, Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o Flat No. A/004, Sanchayani Prestige Complex, Swavalambi Nagar, Nagpur 440022.
19. Nitin Gopichand Upadhye, S/o Gopichand S Upadhye, Aged about 56 years Occupation- Superintendent Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o 34, Vijay Nagar, Katol Road, Sadar, Chaowni, Nagpur 440013.
20. Ajay Taranath Thoolkar, S/o Taranath R. Thool, Aged about 58 years Occupation-Superintendent CGST Nagpur I Commissionerate R/o 108A, Rachana Sayantara Apartments (Phase 1), Hazari Pahad, Nagpur 440007.
21. Catherine Roshan Tirkey, W/o Roshan Tirkey, Aged about 55 years Occupation-Superintendent CGST Nagpur 1 Commissionerate R/o G-4.
М.Е.С. Apartments, Opp. Hislop College/Chitnavis Centre, Temple Road, Civil Lines, Nagpur 440001.
22. Kamakshi S Banerjee W/o Sandeep Adwaita Banerjee, Aged about 59 years Occupation- Superintendent Customs Nagpur Commissionerate R/o Plot No. 74, Purvarambha Apartts., Govt. Press Society, Jaitala, Nagpur.
23. Shekhar Pandurang Selukar, S/o Pandurang Nagorao Selukar, Aged about 58 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate R/o Flat No. 205, Bldg. No. 3, Vidarbha Premier B.D.S.Y.Apartments, Gandhisagar, Nagpur 440018.
24. Shekhar Bansilal Suryawanshi, S/o Bansilal Suryawanshi, Aged about 53 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate Raj Place Apartment, R/o Flat No. 203, Plot No. 49, Dattatray Nagar, Nagpur 440024.
25. Vijay Dagduji Rathod, S/o Dagduji Rathod, Aged about 55years Occupation-Superintendent Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone Mangalam Tulsi Apartment, R/o Flat No. 503, 5th Floor, Beside K T Nagar, Katol Road, Nagpur 440013.
26. Sangeeta Prashant Warkar, W/o Prashant R. Warkar, Aged about 56 years Occupation- Superintendent CGST Nagpur - I Commissionerate R/o Flat No. A/004, Sanchayani Prestige Complex, Swavalambi Nagar, Nagpur
440022.
27. Prakash N Wakdikar, S/o Nilkanthrao L. Wakdikar, Aged about 58 years, Occupation- Superintendent CGST Nagpur 1 Commissionerate R/o Krishna Vihar, Near Narendra Nagar, Nagpur 440015.
28. Anil Kumar Pandit, S/o Hiralal Wasudeo Pandit, Aged about 57 Years Occupation-Superintendent CGST Nagpur - 1 Commissionerate R/o Flat No. 302, Plot No. 135, Bakul Apartment, Ramnagar, Nagpur 440033.
29 Satchidanand Shreepad Soman, S/o Shreepad Trimbak Soman, Aged about 49 years Occupation- Superintendent CGST Nagpur -II Commissionerate R/o Flat No. B-201, Sukhakarta Apartment, Plot No. 34, Ganesh Gruh Nirman Society, Pannase Layout, Nagpur 440022.
30. Nalini Rajesh Ezekiel, W/o Rajesh Boaz Ezekiel, Aged about 56 years Occupation-Superintendent CGST Nagpur - 1 Commissionerate R/o 38, MΜ.Β. Estate, Near Aakar Nagar, Nagpur 440013.
31. Binay Kumar Sinha, S/o Rameshwar Pd. Sinha, Aged about 58 years Occupation-Superintendent Chief Commissioner's Office, CGST, CX & Customs, Nagpur Zone R/o Plot No. 28, Swagat Nagar, Near Anant Nagar, Nagpur 440013.
32. Joan D'Souza, D/o Bernard D'Souza Aged about 57 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate R/o A-101, Ganga Apartments, Near Little Flower School, Mohan Nagar, Nagpur 440001.
33. Abdul Javed Abdul Razzak, S/o Abdul Razzak, Aged about 52 years Occupation Superintendent CGST Nagpur -II Commissionerate R/o Plot no. 26, Utkarsh Cooperative Housing Society, Awasthi Nagar, Beside ICICI Bank, Jafer Nagar, Nagpur.
34. Ravi James, S/o James Mohanlall Aged about 55 years Occupation- Superintendent CGST Audit Commissionerate Nagpur R/o Plot No. 17, Jaikrishna Nagar, Near Kamagar Nagar, Police Lines, Takli, Nagpur.
35. Deepak Devidas Salodkar, S/o Devidas Marotrao Salodkar Aged about 56 years Occupation- Superintendent CGST Nagpur - 1 Commissionerate R/o 37-A Shiv Nagar, Nehru Park Nagpur.
36. Narendra Krishnarao Bapat, S/o Krishnarao Bapat Aged about 57 years Occupation-Superintendent CGST Audit Commissionerate Nagpur R/o 401, Krushnai Enclave, R-157, Reshimbagh Nagpur.
37. Anil Kumar Pal, S/o Mahabir Singh Pal, Aged about 56 years Occupation- Superintendent CGST Audit Commissionerate Nagpur R/o Vedant Glory Apartments, Indrprasth Layout, Nagpur-440022.
38. Paras Domaji Chaware, S/o Domaji Narayan Chaware, Aged about 59 years Occupation- Superintendent Chief Commissioner's Office, CGST,CX & Customs, Nagpur Zone R/o Plot No 60 Natraj Housing Society, Utthan Nagar Gorewada Nagpur-13.
39. Manjusha Sudhir Pardikar, W/o Sudhir W. Pardikar, Aged about 57 years Occupation- Superintendent CGST Nagpur II Commissionerate R/o
73, Devidas Apartment, Hindustan Colony, Wardha Road Nagpur.
40. Manoj Kumar Mahadevrao Donikar, S/o Mahadevrao G. Donikar, Aged about 60 years Occupation- Superintendent (Retired) CGST Nagpur II Commissionerate R/o Plot No 10, Opp. Anusay Mata Mandir, Sabina Co-op Housing Society, Ekta Nagar Gorewada Nagpur -13.
41. Dilip Pandharinath Dalal, S/o Pandharinath Pandurangji Dalal, Aged about 61 years Occupation- Superintendent (Retired) From CGST Nagpur-1 Commissionerate (Division Bhandara) R/o H.No. 183, Ram Mandir Ward, Behind Dalal Wada, Badabazar Bhandara 441904.
42. Vinaya Vitthal Gangshettiwar, W/o Vitthal Balkrishna Gangshettiwar Aged about 60 years Occupation- Superintendent (Retired) from CGST Commissionerate Nagpur-II R/o 25, Sai Krupa, Gharkul Housing Society, Parate Layout Nagpur 440025.
43. Sandeep Trehan, S/o Vishwamittra Trehan Aged about 63 years Occupation- Superintendent (Retired) from CGST Audit Commissionerate Nagpur 52, Swami Colony, Phase 11, Katol Road 440013.
44. Subhash Chander Gupta, s/o Kaur Chand Gupta, Aged about 63 years Occupation- Superintendent Retired from CGST Audit Commissionerate Nagpur R/o PLNo. 34 Near Basketball Ground, Tilak Nagar, Nagpur-
440010.
45. Prabhakar Nilkanthrao Burde, S/o Nilkanthrao Narayanrao Burde Aged about 62 years Occupation Superintendent Retd from CGST Nagpur -11 Commissionerate R/o 31, Swaraj nagar Near Omkar Nagar, Manewada Ring Road Nagpur- 440027.
46. Chandrakant Burde, S/o Manohar Burde Aged about 68 years Occupation- Superintendent Retd from CGST Nagpur II Commissionerate (Then CX &Customs Nagpur II) R/o 50,Devheight Saikripa Society, Narendranagar Nagpur 440 015.
47. Joydeep Shibdas Choudhury, S/o Shibdas Choudhury Aged about 57 years Occupation- Superintendent Retired VRS from CGST Audit Commissionerate Nagpur R/o Pl. No. 180, Gurudutta Row Bungalow, Behind Samraat Symphony, Nagre Nagar, Nashik 422009.
48. Vijay Mahajan, S/o Pundlikrao Mahajan, Aged about 64 years Occupation- Superintendent Retd from CGST Nagpur-II Commissionerate Amravati Division R/o Plot. No 4A, Vishnu Nagar, VMV Road Amravati
444604.
49. Uday Arvind Gupte, S/o Arvind Mahadeo Gupte, Aged about 61 years Occupation-Superintendent Retd from CGST Nagpur -1 Commissionerate Flat No 9. Laxmiprasad Apartment, Damodhar Estate. Bhujbal Bagh Karvenagar Pune 411052.
50. Bansilal Baburao Sudame, S/o Baburao C. Sudame, Aged about 58 years Occupation- Superintendent Retd from CGST Nagpur-Il Commissionerate R/o Plot No 272, Nagar Vikas Co-op. Housing Society, Narendra Nagar, Nagpur 440 015.
51. Dipak Kisanji Sontakke, S/o Kisanji Karnuji Sontakke, Aged about 55 years, Occupation- Superintendent Retd from Customs Nagpur Commissionerate R/o Plot No 07, Near IDBI ATM, Dattawadi, Amravati Road, Nagpur.
52. Chandrashekhar Lalaji Ghodke, S/o Lalaji Ghodke, Aged about 59 years Commissioner CGST Occupation-Assistant Audit Nagpur Commissionerate R/o 17, Techops City, Gonhi Sim, Dighori Naka, Umred Road, Nagpur.
53. Prashant Mahdeorao Kargaonkar, S/o Mahadeorao D. Kargaonkar Aged about 58 years Occupation- Assistant Director DGCI, Nagpur Zonal Unit, Nagpur R/o Amar Enclave Aptt., Flat No C-504, Prashant Nagar, Ajni Nagpur-440015.
54. Sudhakar Dhanuji Madavi, S/o Dhanuji Madavi Aged about 56 years Occupation-Assistant Commissioner, CGST Pune -II Commissionerate R/o Plot No. 38, Harihar Nagar, opp. Maxx Sanmann Building, Beltarodi Road, Besa Nagpur 440037.
55. Jayant Yashwantrao Shindekar, S/o Yashwantrao Mahadeo Shindekar, Aged about 68 years, Occupation- Assistant Commissioner, Retd from Customs Commissionerate Nagpur, Airport Customs then under CX, ST & Customs Commissionerate Nagpur-1 R/o 1097, Ashirwad Nagar, Near Thakre High school.
56. Arun Bhaurao Tidke, S/o Bhaurao Ganpatrao Tidke, Aged about 68 years Occupation- Assistant Commissioner, (Retd) from Customs & CEX. Nagpur-II Commissionerate (Now CGST Nagpur- II Commissionerate) R/o Plot No 31, Appu Colony, Opposite Bhuyar Hospital back gate Near Shegaon naka, Amravati 444603 -Applicants (By Advocate – Shri Amardeep Gupta)
V e r s u s
1. Union of India represented by Secretary, Department of Revenue, Ministry of Finance, North Block, New Delhi.
2. Chairman, Central Board of Indirect Taxes & Customs, North Block, New Delhi 110001.
3. Secretary, Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions, North Block, New Delhi 110001.
4.Chief Commissioner of Central Tax, Central Excise & Customs, Bhopal Zone, 35-C, GST Bhawan, Administrative Area, Arera Hills, Bhopal –
462001 (M.P.).
5. Chief Commissioner of Central Tax, Central Excise & Customs, Nagpur Zone, GST Bhavan, Telenkhedi Road, Civil Lines, Nagpur, Maharashtra – 440001 - Respondents (By Advocate – Shri Himanshu Shrivastava)