Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 5702 (GAU)

THE UNION OF INDIA AND 2 ORS. v. SHRI CHANDAN KUMAR SENGUPTA

WP(C)/322/2025 · 2025-01-23

Kaushik Goswami

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010007152025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/322/2025 1.THE UNION OF INDIA AND 2 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, CABINET SECRETARIAT (R AND AW), ROOM NO. 1001, B-1 WING, 10TH FLOOR, PANDIT DEEN DAYAL ANTYODAYA BHAWAN, CGO COMPLEX, NEW DELHI-110003. 2: THE DIRECTOR TO THE GOVERNMENT OF INDIA CANINET SECRETARIAT (R AND AW) ROOM NO. 1001 B-1 WING 10TH FLOOR PANDIT DEEN DAYAL ANTYODAYA BHAWAN CGO COMPLEX NEW DELHI-110003. 3: THE UNDER SECRETARY (PERS.C) TO THE GOVERNMENT OF INDIA CABINET SECRETARIAT (R AND AW) ROOM NO. 1001 B-1 WING 10TH FLOOR PANDIT DEEN DAYAL ANTYODAYA BHAWAN CGO COMPLEX NEW DELHI-110003 VERSUS SHRI CHANDAN KUMAR SENGUPTA (ID NO. 10414-T) SON OF LATE NARESH CHANDRA SENGUPTA, RETIRED ACCOUNTS OFFICER, C/O- CABINET SECRETARIAT (R AND AW), RESIDENT OF FLAT NO. BF-14, BLOCK B, BASANTA TOWER, SOUTH SARANIA, ULUBARI, POST OFFICE- ULUBARI, GUWAHATI, ASSAM- 781007. For the Petitioner(s) : Ms. B. Sarma, Central Government Counsel. For the Respondent : ................................. Page No.# 2/4 – B E F O R E – HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE KAUSHIK GOSWAMI 24.01.2025 (Vijay Bishnoi, CJ) This writ petition is filed on behalf of the petitioner Union of India being aggrieved with the order dated 30.07.2024 passed by the Central Administrative Tribunal, Guwahati Bench (hereinafter to be referred as “the Tribunal”) in Original Application (O.A.) No.144/2020, preferred on behalf of the sole respondent. 2. The brief facts of the case are that the respondent herein was promoted to the post of Accountant on 03.10.1996 and subsequently, promoted to the post of Accounts Officer on 20.03.2010 and joined on the said post on 20.10.2010. The Director to the Government of India, Cabinet Secretariat, vide office order dated 14/17.11.2008, conveyed the sanction of revised pay band and grade pay to the Accounts Officer/Accountant/Section Officer in R&AW/DGS (ARC & SFF) at par with the corresponding pay scale applicable to the Accounts Officer and JAO/Section Officer in Organized Accounts Service w.e.f. 01.01.2006 and as such, the Accounts/Section Officer (Accounts) in Pay Band-2 would be eligible for Grade Pay of Rs.4800/- and the Accounts Officer would be eligible for PB-2 in Grade Pay of Rs.5400/-. Later on the said order dated 14/17.11.2008 has been withdrawn vide order dated 18.03.2011. Being aggrieved with the withdrawal of the said benefit, the employees, similarly situated to the sole respondent herein, had approached the Central Administrative Tribunal, Principal Bench (hereinafter to be referred as Principal Bench) and the Principal Bench, vide order dated 18.01.2019, set aside the Page No.# 3/4 order dated 18.03.2011 whereby the benefit given to the Accounts Officer/Accountant/Section Officer in R&AW/DGS (ARC & SFF) was withdrawn. The Principal Bench further directed the respondents to revise the pay scale and grade of the employees similarly situated to the sole respondent. 3. The Tribunal has noticed that the order passed by the Principal Bench has not been challenged by the Department and the same has already been implemented. Since the relief was granted to the similarly situated employee, the sole respondent has approached the Tribunal, also grant him the similar benefit. 4. The Tribunal, after taking into consideration the fact that the similarly situated employees to the sole respondent have already been granted relief by the Principal Bench of the Central Administrative Tribunal and pursuant to that, the Department has already implemented the same, held that the sole respondent is also entitled for the similar relief. 5. Ms. B. Sarma, learned Central Government Counsel, appearing for the petitioner Union of India has frankly admitted that the order passed by the Principal Bench of the Central Administrative Tribunal has not been challenged by the Department in any higher forum and the same has attained finality. She has also frankly admitted that on the basis of the said order, the similarly situated employees to the sole respondent have already been granted relief. 6. In view of the above facts and circumstances of the case, we do not find any case for interference in this writ petition. Hence, the writ petition is disposed of. 7. The petitioners are directed to comply with the directions given by the Central Administrative Tribunal, Guwahati Bench, vide impugned order dated Page No.# 4/4 30.07.2024 passed in Original Application No.144/2020 within a period of 4(four) months from the date of receipt of a certified copy of this order. JUDGE CHIEF JUSTICE Comparing Assistant