CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAI ORIGINAL APPLICATION No.616/2018 Dated this Friday the 19th December, 2025 CORAM : HON’BLE MR. SHRI KRISHNA, MEMBER (A)

HON’BLE SHRI UMESH GAJANKUSH, MEMBER (J)

Shri Ajay Ganesh Ubale, Age – 55 years, Working as Commissioner, Audit-I, Commissioner Services Tax, 1, New Central Excise Building, 115, M.K. Road, Churchgate, Mumbai.

Residing at C/5, Flat No.104, 4^th Floor, Shalaka, Maharashi Karve Road, Churchgate, Mumbai – 400 020. - Applicant (In person)

Versus

1) Union of India, Through the Secretary, Department of Revenue, North Block, New Delhi – 110 001

2) The Chairman Central Board of Excise & Customs, Room No.159-A, North Block, New Delhi – 110 001. - Respondents (By Advocate Mrs. N.V. Masurkar)

ORDER The applicant, an IRS officer of 1988 batch, now a senior citizen, has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs:

“a. This Hon’ble Tribunal may graciously be pleased to call for the records of the case from the respondents and after examining the same, quash and set aside the impugned order No.C-18011/05/09/Ad.II dated 15.05.2018 with all consequential benefits.

b. This Hon’ble Tribunal may further be pleased to direct the respondents to pay to the applicant interest @12% on the amount of Rs.8,67,403/-paid to him towards arrears of Leave Salary from 30.03.2010 to 01.06.2018.

c. This Hon’ble Tribunal may further be pleased to direct the respondents to pay to the applicant interest @12% on arrears of pay fixation in respect of the period from 14.05.2010 to 31.05.2018 from end of each month when the salary failed due till 01.06.2018.

d. This Hon’ble Tribunal may further be pleased to direct the respondents to pay to the applicant full salary and allowance in respect of period from 07.05.2010 to 13.05.2010 along with interest @12% per annum from

31.05.2010 till the date of payment.

e. Costs of the application be provided for.

f. Any other and further order as this Hon’ble Tribunal deems fit in the nature and circumstances of the case be passed.

. Brief facts of the case as stated by applicant was transferred from Mumbai to Delhi on 31.05.2006. He joined in Delhi on

20.06.2006 and was further posted to Jodhpur. The applicant made representation on 20.06.2006 which came to be rejected by the respondents. The applicant remained on leave from the said date of representation. The applicant filed OA No.370/2008 which was disposed of by this Tribunal vide order dated 17.07.2008 directing the respondents to pass appropriate order. The respondents vide order dated 23.09.2008 rejected the representation of the applicant. Therefore, the applicant filed OA No.76/2009 which came to be allowed by this Tribunal on 30.03.2010 holding that the transfer order dated 31.05.2006 was in violation of the transfer policy. The above order of the Tribunal was served on the respondents on 07.04.2010 requesting the respondents to immediately post the applicant in Mumbai. The applicant made another vide order dated 13.05.2010, the applicant was posted in the office of Chief Commissioner of Central Excise, Mumbai-I. The applicant joined on the said post on 14.05.2010. His pay was fixed in the bottom of PB-IV on provisional basis vide order dated 05.10.2010. The respondents filed Writ Petition No.6157/2010 before the Hon’ble High Court of Judicature at Bombay challenging the order of the Tribunal dated 30.03.2010 passed in OA No.76/2009, which came to be dismissed on 06.06.2016 and order of this Tribunal was upheld. The said Writ Petition came up for hearing before the Hon’ble High Court of Bombay on 06.06.2016 and the same was disposed of by the Hon’ble High Court observing that there was no infirmity in the order passed by this Tribunal.

2.1 The applicant made representation on

13.01.2011 for regularization of the period of his absence from 20.06.2006 to 06.04.2010 for treatment of period from 07.04.2010 to 13.05.2010 as compulsory waiting period.

However, the