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ALL INDIA ASSOCIATION OF
CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
(Representing the Superintendents of C.Ex& CGST)
[Recognised vide CBEC Letter F. No. B 12017/10/2006-Ad IV A
dated 21/01/2008]
Secretary
General’s Office:
6/7 A.T.D. Street, Race Course Road,
Coimbatore – 641018.
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President
Shishir Agnihotri
Vice Presidents:
Ashok K Bansal
M. A. Jithendra
Kousik Roy
S.K.Bundela
P.T.Gaidhani
Vinod Sharma
H.S. Bajaj
R.R. Thripathy
Ashish Pathak
R. Soundari
Secretary General
R. Manimohan
(09443063989)
Asst Secy General
A.S. Kundu
Joint Secretaries
Malkit Singh
Hemant Ghosal
S.K. Yadav
D. Samantaray
Anil Bhokare
A.G. Dhoble
C. J. Thomas
T. Elanchezhiyan
Samir Kumar Sinha
Core Committee:
Tirthankar Pyne
Ajit Kumar K.G.
G. Srinath
Sanjay Srinivasan
Office Secretary:
K.R.Dinesh Kumar
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CIRCULAR - 2/2019
16.10.2019
Dear
friends and Comrades,
The department has filed yet
another SLP in respect of 14 WPs decided by the Hon’ble High Court of
Rajasthan, Jaipur Bench in a common order dated 27.04.2016 involving Promotee
officers from Jaipur.
The Hon’ble High Court in the above
impugned Order had upheld the order of the Hon’ble CAT, Jaipur Bench dated
10.12.2014 wherein it had been held that the pay of the senior has to be
stepped up to that of the junior, if the junior gets a higher pay by virtue
of ACP/MACP. The bar as per the
ACP/MACP scheme was only to grant the pay scale and not the pay, it was
clarified.
The above CAT order was in line with
a previous decided case in the matter of Ashok Kumar Vs UOI & Others in
OA No. 156/JK/2009 which was already upheld by the Hon’ble Punjab and Haryana
High Court (CWP No 12894 of 2010) as well as by the Apex Court by dismissal
of SLP CC 7278 of 2011.
In an already decided matter, when
the petitioners got favourable orders from the Tribunal and was once again
upheld by the Hon’ble High Court, filing of SLP all over again was total
waste of public money as well as putting the individuals to unnecessary
financial and mental strain.
It appears that the strategy of the
department in filing a fresh SLP is to get it admitted and in the CA, get an
order in favour of the Department.
Hence, it was decided in the
Convention held at Kolkatta that AIACEGEO should help by taking up the issue
to get the SLP dismissed, by engaging the services of a Senior Advocate.
From our experience in fighting a
case in the Supreme Court in the matter of P. Bharathan & Ors, it is
observed that we should be prepared to face at least 6 hearings and hence
will have to be prepared with an amount of at least Rs. 25 lakhs. Therefore as per the decision of the
Kolkatta Convention, we are requesting for donations towards taking up this
litigation.
The litigation fund may be
collected from willing members by the Unit Officer Bearers and remitted to
our Association Account. The details of
remittance may kindly be sent to me directly by email.
With regards,
Fraternally yours,
R. Manimohan
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the crux of the issue is that the department is taking the stand that the orders of the every appellate forum is applicable to that applicants only, which is contrary to the best practices followed and against the previous judgements. Hence, Association should file a common Writ in Supreme Court consolidating all similar cases, so as to nip the bud at the apex court level itself.
ReplyDeleteCan anyone, conversant with the issue, provide citation of Rajasthan High Court order. So, any interested person can go through issue pending before the SC.
ReplyDelete