CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 28th day of April, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member K.Sanjeev Kumar @ Sanjeev Kumar Komati S/o Ramulu, Age: 60 years, Retired Superintendent, Central Tax & Customs, Hyderabad, GST, Hyderabad, R/o H.No.6-8-205, Namdevwada, Hamamlwadi, Nizamabad-503002.

..... Applicant.

(By Advocate: Mr. M. Srinivasa Rao)

Vs.

1. The Union of India, Rep by its Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi.

2. The Govt. of India, Rep by its Director General, Directorate General of Human Resource Development, Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes &Customs, Bhai Veer Singh SahityaSadan, Bhai Veer Singh Marg, Near Gol Market, New Delhi-110001.

3. The Chief Commissioner, Central Tax & Customs, Hyderabad GST Zone, Hyderabad.

4. The Principal Commissioner / Chief Commissioner, Central Tax & Customs, Hyderabad GST Commissionerate, Hyderabad (Cadre Controlling Authority).

…Respondents.

(By Advocate: Mr. A. Radhakrishna, Sr. PC for CG)

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ORAL ORDER (As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“ This Hon'ble Tribunal may be pleased to declare that a) action of the respondents in not extending the benefit of proceedings of Govt. of India in F.No.C-18012/19/2012-Ad.IIB, dt: 3-8-2017 to the applicant by counting his past service from 03-03-1989 rendered in Collectorate Office, Aurangabad as illegal and arbitrary.

b) declare that action of the respondents in extending the benefit of counting past service to the similarly situated persons in terms of proceedings F.No. C- 18012/19/2012-Ad.IIB, dt: 03-08-2017 and not extending the same to the

applicant is illegal and arbitrary.

c) declare that the respondents shall count the service of the applicant w.e.f. 03- 03-1989 in terms of proceedings F.No.C-18012/19/2012-Ad.lIB, dt: 3-8-2017 by considering his representation dt: 19-03-2019 and enhance the pension of the applicant accordingly.

d) and pass such other order or orders or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the Applicant joined the service as UDC on 01-03-1985. He was promoted as Trainee Assistant on 13-7-1988. He was further promoted as Inspector (Tax Assistant) on 3-3-1989. The applicant initially appointed in Aurangabad of Nanded division, which is under the control of Mumbai Commissionerate. In pursuance of Inter-Commissionerate transfers, he was transferred to Hyderabad Commissionerate on 01-05-1992. He was promoted as Superintendent on 16-06-2008. H retired from service on 31-7-2018. The claim of the applicant is that he is entitled to the benefit of his past service rendered in Mumbai Collectorate. Similarly situated persons approached the Hon'ble Central Administrative Tribunal of the concerned State and the Tribunal delivered judgment in their favour. Matter was carried to Hon'ble High Court and Supreme Court and judgment of Tribunal was confirmed. Accordingly, Govt. of India issued proceedings dt: 03-08-2017 extending the benefit of counting past service to the petitioners and non petitioners in the O.A's. But the same was not been implemented in the case of the Applicant. It is submitted that if the said benefit is given or implemented in favour of applicant, he would get seniority in the cadre of Superintendent and D D i N g : it a C l = y I N si , g O n