IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 PRESENT THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA AND THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.19800/2019 [S-CAT] BETWEEN:
1. THE COMMISSIONER OF CENTRAL TAX ERSTWHILE COMMISSIONER OF CENTRAL EXCISE BENGALURU SOUTH COMMISSIONERATE C R BUILDING, QUEENS ROAD, BENGALURU-560001 2 . UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF FINANCE, DEPARTMENT OF REVENUE NORTH BLOCK NEW DELHI-110001 (By SRI. JAYAKARA SHETTY H, CGC) AND:
1 . SHRI RAJIV KUMAR SINGH S/O SHRI ABHAY KUMAR ISNGH, AGED ABOUT 32 YEARS, WORKING AS INTELLIGENCE OFFICER, OFFICE OF THE DIRECTORATE ...PETITIONERS OF REVENUE INTELLIGENCE BANASWADI, HRBR LAYOUT BENGALURU – 560 001 2. DEBASISH GHOSH S/O SHRI DEBESH CHANDRA GHOSH AGED ABOUT 34 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE CLUB ROAD BELGAUM – 585 317 3 . ALOK SINGH S/O SHRI ARJUN SINGH AGED ABOUT 32 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE CLUB ROAD, BELGAUM – 585 317 4 . ALOK KUMAR SINGH S/O SHRI UPENDRA PRASAD SINGH AGED ABOUT 31 YEARS WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE CLUB ROAD, BELGAUM – 585317 5 . SUBODH CHAND S/O SHRI MUNNI AGED ABOUT 34 YEARS WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE CLUB ROAD, BELGAUM – 585 317 6 . ASHONIK KUMAR S/O SHRI MUNSHI LAL AGED ABOUT 38 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 7 . RAKESH KUMAR S/O SHRI BISHAM PRASAD AGED ABOUT 34 YEARS WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 8 . UDIT BAGHEL S/O SHRI AMIR CHAND BAGHEL AGED ABOUT 32 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 9 . HARPREET S/O SHRI SURENDRA KUMAR AGED ABOUT 29 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 10. RAJU KUMAR MAHTO S/O SHRI LAXMAN MAHTO AGED ABOUT 34 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 11. RANDHIR KUMAR MISHRA S/O SHRI RAM NARAYAN MISHRA AGED ABOUT 33 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 12. BIKRAM CHKRABORTY S/O SHRI BIMAL KUMAR CHAKRABORTY AGED ABOUT 33 YEARS, WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 13. ASHOK KUMAR YADAV S/O SHRI SUDARSHAN YADAV AGED ABOUT 35 YEARS WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 14 . OM SHIV RAM S/O SHRI BHANWAR LAL BAIRWA AGED ABOUT 29 YEARS WORKING AS INSPECTOR OFFICE OF THE COMMISSIONER OF CENTRAL EXCISE PANAMBUR, MANGALORE – 575 001 …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS WHICH ULTIMATELY RESULTED IN PASSING THE ORDER IMPUGNED DTD. 02.03.2018 VIDE ANNX-A MADE IN O.A. NO.170/586-599/2018 PASSED BY THE HON’BLE CAT, BENGALURU AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER Respondent Nos. 1 and 2 in O.A. Nos.170/00586 to 00599/2015 on the file of the Central Administrative Tribunal, Bangalore Bench, have come up with this writ petition, impugning the order dated 2.3.2018.
2. Admittedly, the applications were filed by Respondents 1 to 14 herein, seeking re-fixation of their seniority pursuant to Office Memorandum dated 7.2.1986/3.7.1986. It is not in dispute that the said Office Memorandum was subject matter of another proceedings initiated by N.R. Parmar, which went up to Apex Court in Civil Appeal Nos.7514-7515/2005 in the case of ‘UNION OF INDIA AND OTHERS v. N.R. PARMAR AND OTHERS’ reported in [2012] 13 SCC 340 which was disposed of by Apex Court by its Judgment dated 27.11.2012 in interpreting the aforesaid Office Memorandum in favour of the applicants in the said proceedings, holding that they are entitled to seek re- fixation of seniority from the date of ‘availability’ of vacancy in the said cadre. In the meanwhile, the respondents herein also had filed applications seeking the very same reliefs before the Central Administrative Tribunal in O.A. Nos.170/00586 to 00599/2015, which came to be disposed of by Judgment impugned dated 2.3.2018, which is subject matter of challenge in this writ petition.
3. In the meanwhile, there was another matter pending before the Apex Court, arising out of the Judgment rendered in R.P. No.114/2017 in Writ Petition No.5611/2017 on the file of High Court of Judicature at Madras which was subject matter of SLP [C] Nos.4870- 4871/2018 which came to be dismissed by order dated 25.09.2019 in confirming the Judgment rendered in Writ Petition No.5611/2017 on the file of High Court of Judicature at Madras, which is in relying upon the Judgment rendered in the case of N.R. Parmar supra.
4. In that view of the matter, this Court is of the considered opinion that the present writ petition filed, impugning the order dated 2.3.2018 vide Annexure-A passed in O.A. Nos. 170/00586 to 00599/2015 does not merit consideration. Accordingly, writ petition is dismissed.
In the light of the writ petition filed by Union of India being dismissed, the order of the Tribunal shall be implemented within twelve weeks from the date of receipt of copy of this order.
Sd/- JUDGE Sd/- JUDGE AN/-