IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH 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.22747/2019(S-CAT) BETWEEN 1. UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF FINANCE NORTH BLOCK NEW DELHI – 110001 2. THE CHAIRMAN CENTRAL BOARD OF INDIRECT TAX AND CUSTOMS FORMERLY KNOWN AS CENTRAL BOARD OF EXCISE AND CUSTOMS, NORTH BLOCK NEW DELHI – 110 001 3. THE CHIEF COMMISSIONER OF CENTRAL TAX ERSTWHILE CHIEF COMMISSIONER OF CENTRAL EXCISE C.R.BUILDING, QUEEN’S ROAD BENGALURU – 560 001 4. THE COMMISSIONER OF CENTRAL TAX ERSTWHILE COMMISSIONER OF CENTRAL TAX NO.71, CLUB ROAD, BELAGAVI-590 001 …PETITIONERS (BY SRI H. JAYAKARA SHETTY, ADVOCATE) AND :
SHRI SADANANDA HADAGALI S/O SHRI HANUMANTHAPPA AGED ABOUT 54 YEARS WORKING AS SUPERINTENDENT OF CENTRAL TAX, C-RANGE ASHWATH NILAYA, JAYANAGAR HUBLI …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.10.2017 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH IN O.A.NO.170/00894/2015 VIDE ANNEXURE-A AND DISMISS THE O.A.NO.170/00894/2015.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, SATYANARAYANA J., MADE THE FOLLOWING:
ORDER The respondents in Original Application No.170/000894/2015 on the file of the Central Administrative Tribunal (for short ‘Tribunal’), Bengaluru Bench, have come up in this petition impugning the order dated 31.10.2017 passed therein.
2. Admittedly, in the said proceedings, the applicant’s grievance was that he had appeared for the examination for the post of Inspector of Customs, Central Excise, notified by the Staff Selection Commission in the year 1989 and having qualified in the written test and interview conducted in March, 1990, he was appointed as direct recruit vide order dated 28.11.1990; that thereafter he had joined the Belgaum Commissionerate of the Central Excise on 10.12.1990. Referring to the decision of the Apex Court in the case Union of India & Ors. –vs- N.R.Parmar & Ors. in (2012) 13 SCC 340 relating to inter-se seniority between direct recruits and promotee inspectors, his grievance before the Tribunal was that the same principle had to be implemented by the respondents. According to the applicant, whatever decisions applicable to Income Tax Department are equally applicable to the Central Excise Department in toto since both the Departments come under the Department of Revenue, Ministry of Finance. Therefore, fixation of inter-se seniority of the applicant in the grade of Inspector between the Direct Recruits and Promotees ought to have been determined by the respondents-Department.
3. Learned counsel for the petitioners would bring to the notice of this Court that the subject matter of lis in this proceedings is inter-se seniority between the Officers of the Department of petitioners-2 to 4. He would submit that under similar circumstances, the petitioners had approached the Hon’ble Apex Court in the matter of Union of India & Ors. –vs- P. Bharathan & Ors. in SLP(C) Nos.4870- 4871/2018 which according to them was dismissed on 25.09.2019 following the earlier judgment rendered by the Apex Court in the matter of Union of India & Ors. –vs- N.R.Parmar & Ors. in (2012) 13 SCC 340 on 27.11.2012.
In that view of the matter, the present writ petition does not survive for consideration.
4. His submission is placed on record.
5. The writ petition is dismissed in the light of the judgment rendered in the matter of N.R.Parmar’s stated supra. In view of dismissal of the writ petition, the petitioners-Department herein are required to comply the order impugned dated 31.10.2017 passed in O.A.No.170/000894/2015 within 12 weeks from the date of receipt of copy of this order.
Sd/- JUDGE Sd/- JUDGE TL