CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH, NEW DELHI O.A. No. 783/2017 Reserved on : 05.02.2026 Pronounced on : 17.02.2026 Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Mr. B.D. Borkar, Ape - 65 years.

Designation-Addl.Commission Group A S/o Mr. Duryodhan Borkar, H. No. 1702-A Cypress Aqua (A-Wing), Adhiraj Garden, Sector-5, Khargar, Navi Mumbai- 410210 ….Applicant (By Advocate : Dr. K.S. Chauhan, Sr. Adv. with Mr. S.P. Singh, Mr. Murari Lal, Mr. R.S.M. Kalky, Mr. Abhishek Chauhan, Mr. Ajit Kumar Ekka and Mr.

Ravi Shankar Singh)

Vs.

1. Union of India Through its Secretary Department of Revenue Ministry of Finance Central Board of Customs and Excise North Block, New Delhi-110001 2. Union of India Through its Chairman Central Board of Customs and Excise Department of Revenue Ministry of Finance North Block, New Delhi-110001 ….Respondents (By Advocate : Mr. Gyanendra Singh with Ms. Ring Baliyan)

ORDER Hon'ble Dr. Sumeet Jerath, Member (A) :

The instant OA has been filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:-

"(a) Summon the original records of the case.

(b) Pass an appropriate order, direction or writ in the nature of mandamus or any other appropriate writ directing the official respondents to promote the humble applicant as the Commissioner, Central Excise and Customs in the Scale of pay of Rs. 18,400-22,400 (pre-revised) in the Department of Revenue, Ministry of Finance, in pursuance of the Select Panel for the assessment year 2011-12, as the name of the humble applicant figures at Sr. No. 61 of Select Panel for the year 2011-12, with all consequential benefits; and consequently;

(c) Pass an appropriate order, direction or writ in the nature of mandamus or any other appropriate writ, directing the official respondents to re-fix the pension and other retiral benefits after promotion as per Select Panel for the year 2011-12 as the Commissioner, Central Excise and Customs, with all consequential benefits; and/ consequently/ or;

(d) Pass an appropriate order, direction or writ in the nature of certiorari or any other appropriate writ, quashing O.M. No 22011/4/98-Estt. (D) dated 12.10.1998 [ANNEXURE A-1] and OM No. 22011 /1/2014-Estt (D) dated 14.11.2014[ANNEXURE A-1), issued by the respondents, in the facts and circumstances of the present case; and in the interest of justice and consequently, (e) Pass an appropriate order, direction or writ in the nature of certiorari or any other appropriate writ, quashing the letter order vide F. No. C-50/55/2016-Ad. II dated 08.11.2016 [ANNEXURE A- 1] issued by the respondents-Central Board of Customs and Excise, in the facts and circumstances of the present case and in the interest of justice and (f) Pass such other further order(s) as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the present case..”

2. The factual matrix of the case as per the counsel of the applicant is that the applicant was selected as Appraiser Group B Officer by Union Public Service Commission (UPSC) in the year 1976 and he joined the New Customs House Bombay, on 18.05.1977. He was placed at Sl. No. 471 in the seniority list dated 16.12.2004 and was promoted as Assistant Commissioner (Central Excise and Customs) w.e.f. 01.04.1989. Thereafter, in the year 1999 he was re-designated as Deputy Commissioner (Central Excise and Customs). He was further promoted as Joint Commissioner vide Order dated 24.09.2002 and was assigned in situ officiation till he joined as as such at Bhopal in December, 2004. In the year 2006, the applicant earned further promotion as Additional Commissioner also. However, no DPC was convened for next promotion as Commissioner and the DPC could be convened only on 30.06.2008. Aggrieved by his wrong placement in the seniority list, he submitted representation dated 07.04.2011 to the competent authority requesting reconsideration of his claim and grant of promotion at par