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The Principal Commissioner of Cgst and Cx, Kolkata North Cgst and Cx Commissionerate v. Nabarun Roy and Ors.

Calcutta HC19 Mar 2025WP.CT/6/2025

Case brief

AI extract

What is this about?

Keywords: 5th Pay Revision Committee; pay revision benefits w.e.f. 01.01.1996; Inspectors, Central Excise & Customs Department; C.A.T. Kolkata Bench; O.A. No. 114 of 2024; M.A. No. 104 of 2024; order dated 23.01.2024; Principal Commissioner of CGST and CX Kolkata North; Nabarun Roy & Ors.; infructuous writ petition; Telangana High Court Writ Petition No. 10490 of 2024; R. Siva Shankara Sastry v. Union of India; S.L.P. (Civil) No. 59005 of 2024 dismissed 28.02.2025; writ petition disposed of 19.03.2025.

What did the court decide?

In view of the submissions and the facts taken note of, the present writ proceedings have become infructuous as the petitioner's entitlement has already been affirmed by the Apex Court as per the proceedings taken note of above. ¶17

The Principal Commissioner of Cgst and Cx, Kolkata North Cgst and Cx Commissionerate Vs Nabarun Roy and Ors. — Calcutta HC (2025) — LawSathi Research

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Ct. No.4 D/L-7 19.03.2025 (Naba)

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W.P.C.T. 6 of 2025

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The Principal Commissioner of CGST and CX, Kolkata North CGST & CX Commissionerate. Vs.

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Nabarun Roy & Ors.

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Mr. Vipul Kundalia, Sr. Adv., Ms. Aishwarya Rajyashree, Mr. Anindya Kanan

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...for the Petitioner

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Mr. Debasish Ghosh, Mr. Debopriyo Karan

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...for the Respondents

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The respondents herein who were applicants before the Central Administrative Tribunal, Kolkata Bench (hereinafter referred to as ‘the C.A.T.’) had approached the C.A.T. seeking the benefits of the 5^th Pay Revision Committee’s recommendations with effect from 01.01.1996. The applicants were aggrieved since the benefits had been extended to them from the year 2004. The C.A.T. has allowed their claim which has brought to the Union of India before this Court assailing the order dated 23.01.2024 passed by the C.A.T. in O.A. No. 114 of 2024 and M.A. No. 104 of 2024.

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When the matter was called on today at the very outset the petitioner’s learned counsel has fairly submitted that the identical issue whether Inspectors in the Central Excise & Customs

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Department would be entitled to benefits of 5^th Pay Revision Committee with effect from 01.01.1996 was decided by the Telangana High Court in Writ Petition No. 10490 of 2024 in the case of R. Siva Shankara Sastry & Ors . Vs. the Union of India & Ors . The order of the Telangana High Court dated 09.08.2024 passed in the writ proceeding was assailed by the Union of India before the Apex Court. The S.L.P. (Civil) No.

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59005 of 2024 has been dismissed on 28.02.2025 by the Apex Court.

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As per the learned counsel for the petitioner since the issue regarding entitlement of the petitioners to grant of benefits of 5^th Pay Revision Committee with effect from 01.01.1996 stands settled in the above noted proceedings, nothing remains to be considered in the present proceedings.

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The learned counsel for the private respondents is present. He also submits that since the issue is now decided, the authorities are obliged to extend the benefits and consequences thereof to the private respondents.

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In view of the submissions and the facts taken note of above, we find that the present writ proceedings has become infructuous as the petitioner’s entitlement has already been affirmed

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by the Apex Court as per the proceedings taken

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note of above.

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