Letter for implementing Subramaniam case in rem

 

Ref. No: CBIC/46/2020 Date: 15.10.2020   [CLICK HERE FOR PDF VERSION]

To

1) Shri. M. Ajit Kumar, Chairman, CBIC, New Delhi.

2) Smt. Sungita Sharma, Member (And & Vig), CBIC, New Delhi.

Sir/Madam,


Sub: Implementation of judgment in M. Subramaniam case in rem and until then at least to all the petitioners without discrimination- reg.


Kind reference is invited to the several OAs filed before various Benches of the Hon’ble Central Administrative Tribunal by the Superintendents of Central Excise and the Units of this Association and the orders of the said Tribunals directing to grant the benefit of the M. Subramaniam case in respect of granting the Grade Pay of 5400 in PB – 2 on completion of 4 years in the Grade Pay of 4800 PB-2, in which matter the SLP filed by the department converted as Civil Appeal No. 8883 of 2011 had been dismissed by the Hon’ble Supreme Court on 10.10.2017 and Review Petition was also dismissed on 23.08.2018.

2. It has been the consistent stand of this Association that all matters related to interpretation of rules/circulars etc whether in relation to pay and allowances or to seniority matters, have to be implemented in rem, as long as the judgment does not specifically state that it is applicable ONLY in personam. We have also been pointing out that in our own sphere of activity in official work, we do not grudge to a Tax Payer the benefit of a particular Court order or ruling, in similar cases, just because the decision was only in the case of another party. If in departmental adjudication such a stand is taken, it would definitely be indiscipline leading to contempt proceedings. No administration based on jurisprudence and Rule of Law can support it either. Hence, it is regrettable that the Government uses one yardstick in respect of implementation of Court judgments for the trade but another yardstick for its own staff. While the Government has a dedicated machinery to conduct cases in any legal forum, in any part of the Country, the Government Servants have very limited resources at their command. Hence the Hon’ble Supreme Court itself has repeatedly stressed that Government staff should not be forced to seek legal remedy on already decided issues. This was once again reiterated by the Apex court in the matter of Somvir Rana.

3. However, in spite of the above, our members and Units of this Association, along with and on behalf of the members, have been forced to approach the Tribunals again for getting the benefit of an already decided and settled matter of getting the benefit of the M. Subramaniam judgment.

4.1. It is still worse that the decisions of the Tribunal are not being fully honoured even when granted. For example, numerous cases have been reported where the Units of this Association in various zones have approached the Hon’ble Tribunals and the Hon’ble Tribunals have ordered that the benefits be given to the petitioners (which includes the petitioner Association). However, it is learnt that the department is refusing to give the benefit even to the petitioner Association in the said cases, by not extending the benefit to all similarly placed members of the petitioner Association. This situation would again lead to another round of litigation in the form of Contempt before the very same forum.

4.2. It is also reported that there are certain doubts raised from certain zones whether the above benefit is available for officers promoted from the ministerial side. It is clear that there cannot be any discrimination on such grounds since the law is clearly laid down that on completion of 4 years in the Grade pay of 4800 PB-2, such officers have to be placed on the GP of 5400 PB-2.
5. Hence, it is requested that:

a) the M. Subramaniam case benefit may kindly be ordered to be applied to all similarly placed officers in the CBIC;

b) and until such orders are issued, direct all zones to grant the benefit to all petitioners at least uniformly and without discrimination by granting it to all similarly placed members of the petitioner Associations also so that unnecessary litigations are avoided and officers can work with peace and contentment.

This will also avoid a lot of unnecessary work for the Officials of the Boards’ Office.


With regards,

Yours truly,

(R. Manimohan)

Secretary General

Copy for information and necessary action to:

1) The Finance Secretary, North Block, New Delhi.

2) The Secretary (Expenditure), North Block, New Delhi.

3) The Commissioner (Co-ordination), CBIC, New Delhi.

4) The Deputy Secretary, Ad. II, CBIC, New Delhi.

5) The Under Secretary, E III, Expenditure Dept, North Block, New Delhi.



Yours truly,



(R. Manimohan)

Secretary General