CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA O.A. 350/1276/2017 Date of Hearing : 05.12.2025 M.A. 350/772/2017 Date of Order: 16.12.2025 Coram : Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member

1. Tushar Ranjan Dasgupta, son of late Anil Ranjan Dasgupta, aged about 53 years, working as Superintendent, Central Excise, Appeals-II, Kolkata, now Superintendent, CGST & Central Excise Appeals- II Kolkata, Bamboo Villa, 3rd Floor, 169, A.J.C.Bose Road, Kolkata- 700 014, residing at Customs & Central Excise Residential Complex, Flat No. C/158, 179, Santipally, Kolkata- 700 107.

2. Mahadev Ray, son of late Kartick Chandra Ray, aged about 60 years, working as Superintendent (Vigilance), CGST & Central Excise Audit-II Commissionerate, Kolkata, residing at Vill. Kaipukuria, P.O. Kaipukuria, P.S. Gaighata, Dist.

North 24-Parganas, W.B., Pin: 743 245.

3. Soumyen Sarkar, son of late Sailendra Mohan Sarkar, aged about 57 years, working as Superintendent, Durgapur CGST & Central Excise Commissionerate, Durgapur, residing at "Shantiniketan" near Jagarani Sangha Chhotonilpur-Ambagan, P.O. Sri Pally, P.S. & Dist.

Burdwan, Pin: 713 103.

……. Applicants -versus-

1. Union of India through the Secretary to the Govt. of India, Ministry of Finance, Department of Revenue, North Block, New Delhi-110 001.

2. The Chairman, Central Board of Excise & Customs, Ministry of Finance, Department of Revenue, North Block, New Delhi 110 001.

3. The Principal Chief Commissioner of CGST & Central Excise, Kolkata Zone, GST Bhawan, 180, Shantipally, Rajdanga Main Road, Kolkata- 700

107.

…… Respondents For the Applicants : Mr. S.K. Datta; Counsel For the Respondents : Mr. S. K. Ghosh; Counsel O R D E R Per Hon’ble Mr. Suchitto Kumar Das, Administrative Member :

1. The applicants have filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s)

highlighting the facts of the case:

“a. An order holding that the decision contained in the communication/letter dated 7.3.2017 of the Office of the Principal Chief Commissioner, Central Excise & Service Tax, Kolkata Zone and the decision contained in CBEC letter dated 30.1.2017 are bad in law, arbitrary and discriminatory.

b. An order quashing and/or setting aside the letters dated 7.3.2017 and 30.1.2017 issued by the Office of the Principal Chief Commissioner, Central Excise & Service Tax, Kolkata Zone, now known as Principal Chief Commissioner of CGST & Central Excise, Kolkata Zone and CBEC respectively.

c. An order directing the respondents to grant stepping up of pay to the applicants at par with their respective juniors from the dates their respective juniors have been drawing/had been drawing higher pay than that of the applicants with all consequential monetary benefits within a period as to this Hon'ble Tribunal may seem fit and proper.

d. An order directing the respondents to produce/cause production of all relevant records.

e. Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”

2. M.A. No. 350/772/2017 for joint prosecution under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987 is allowed.

3. For the sake of clarity, facts in the case are delineated and discussed hereinunder :-

The applicants were initially appointed as Steno/ UDC. They were subsequently promoted as Inspectors and were placed above the direct recruit Inspectors in the seniority list. In the course of time, the pay of direct recruits, by virtue of financial upgradation, became more than that of the applicants. Some employees of the respondent organization approached the Tribunal and were granted the benefit of stepping of their pay. The applicants herein claim to be identically situated as the employees who got the benefit of stepping up of pay. Aggrieved by the respondents’ refusal to extend the same benefits, the applicants have filed this OA.

4. Learned Counsel for the applicant, relying on the judgments of