CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/00105 of 2020 DATED TUESDAY, THE 28^th DAY OF OCTOBER, TWO THOUSAND AND TWENTY FIVE CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

Bharat Singh Meena Inspector of Customs Custom House Tuticorin-628 004. .........Applicant (Advocate: M/s. V. Parthiban)

-Versus-

Union of India rep: by

1. The Chairman Central Board of Indirect Taxes & Customs North Block, New Delhi-110.001;

2. The Principal Chief Commissioner of GST & Central Excise Cadre Controlling Authority 26/1, Mahatma Gandhi Road Nungambakkam, Chennai-600 034;

S/Shri/Smt/Kum

3. K.S. Santhi Bushan (Emp Code 7456)

Superintendent of GST & Central Excise O/o The GST & Central Excise Audit Commissionerate

6/7, A.T.D. Street, Race Course Road Coimbatore-641 018;

4. A. Shanmugham (Emp Code 7686)

Inspector of GST & Central Excise O/o The Additional Director General National Academy of Customs, Indirect Taxes & Narcotics Plot No.3/86-E, ATC Road, Ambattur Industrial Estate, Chennai-600 058;

5. N.Rajesh (Emp Code 7684)

Inspector of GST & Central Excise, C/o The Principal Chief Commissioner of GST & Central Excise, 26/1/, Mahatma Gandhi Road, Chennai-600.034;

6. V. Shankar (Emp Code 6833)

Superintendent of GST & Central Excise GST Service Kendra O/o The Commissioner of GST & Central Excise Newry Towers, 12^th Main Road, Annanagar West, Chennai-600 040;

7. S.K.Mahendra Varman (Emp Code 7685), Superintendent of GST & Central Excise O/o the Commissioner of GST & Central Excise, Chennai Audit | Commissionerate, 1775, Jawaharlal Nehru Ring Road, Annanagar Western Extension, Chennai-600 101;

8. R. Sofiah (Emp Code 6907)

Superintendent of GST & Central Excise GST & Central Excise Commissionerate Bibikulam, Madurai-625 002.

.....Respondents.

(Advocate: Mr. M. Kishore Kumar, SPC)

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

The applicant has filed this case for restoration of his seniority. The applicant states that he is presently working as Inspector of Customs in the Custom House, Tuticorin. He was appointed as a direct recruit to the post of Inspector of Central Excise based on the Batch/Panel selected by the Staff Selection Commission, New Delhi. He joined the department on 03.10.2012 at the office of the Commissioner of Central Excise & Service Tax, Tiruchirappali, after seeking permission for extension of joining time from the Competent Authority as per the entitlement of a direct recruit in terms of the Ministry of Home Affair's O.M. No.9//23/71-Estt(D) dated

06.06.1978.

2. The applicant states that his seniority had been fixed by the Staff Selection Commission, New Delhi in the Direct Recruitment Batch of 2010 on merit ranking after Shri Anil Kumar Meena. In the final seniority list as on 01.01.2013 in the grade of Inspector of Central Excise issued vide C. No. II/34/04/2013-Estt CCA dated 25.09.2014, the applicant was placed at Seniority No.1392 immediately after Shri Anil Kumar Meena who was placed at seniority No. 1391. Even in the Revised Seniority List dated 29/03/2017, the applicant's seniority was correctly shown at Seniority No.1495, just below Shri Anil Kumar Meena with Seniority No.1494. However, in the Final Seniority List of Inspectors as on 01.04.2017 issued by the 2^nd Respondent vide C. No. II/34/13/2017-CCA-Estt dated 19.11.2018, applicant's seniority was displaced without any notice to him and five ICT transferee officers were placed between Shri Anil Kumar Meena (Seniority No.484) and the applicant (Seniority No.490) as under: -

3. Being aggrieved, the applicant gave a detailed representation dated 26/11/2018 to the second Respondent requesting him to restore his seniority and place him below his immediate senior, Shri Anil Kumar Meena, as per his merit seniority in the batch of direct recruits of 2010, bringing to his notice the DoP&T instructions dated

06/06/1978 wherein it is provided that grant of extension to a direct recruit to join within the stipulated time shall not affect his merit s