Disposed¶6

The Principal Commissioner of Cgst and Cx, Kolkata North Cgst and Cx Commissionerate v. Ananta Kumar Sarkar and Ors.

Calcutta HC19 Mar 2025WP.CT/4/2025

Case brief

AI extract

What is this about?

Calcutta High Court, W.P.C.T. 4 of 2025 (19.03.2025), Madhuresh Prasad & Supratim Bhattacharya, JJ. — Principal Commissioner of CGST & CX Kolkata North v. Ananta Kumar Sarkar & Ors.: 5th Pay Revision Committee benefits w.e.f. 01.01.1996 for Central Excise & Customs Inspectors; challenge to CAT Kolkata Bench order dt. 08.02.2024 (O.A. 1666/2023, M.A. 1190/2023) disposed as infructuous in view of Telangana HC decision in R. Siva Shankara Sastry v. UOI (W.P. 10490/2024, dt. 09.08.2024) and Apex Court dismissal of S.L.P. (Civil) 59005/2024 on 28.02.2025.

What did the court decide?

None; the writ petition was disposed of as infructuous, the entitlement question standing affirmed by the Apex Court. ¶6

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

What the court decided

AI extract

Outcome

None; the writ petition was disposed of as infructuous, the entitlement question standing affirmed by the Apex Court.

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Issue for consideration

Whether the respondents (applicants, Inspectors in the Central Excise & Customs Department) are entitled to the benefits of the 5th Pay Revision Committee's recommendations with effect from 01.01.1996 rather than from the year 2004. +1 more

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Ratio / Principle

This Court found the present writ proceedings infructuous, the entitlement (to 5th Pay Revision Committee benefits with effect from 01.01.1996) having already been affirmed by the Apex Court as per the proceedings taken note of (dismissal of S.L.P. (Civil) No. 59005 of 2024 on 28.02.2025); accordingly nothing remained to be considered and the writ petition was disposed of.

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Detailed headnote1 paragraphs

W.P.C.T. 4 of 2025 (decided 19.03.2025; coram Madhuresh Prasad and Supratim Bhattacharya, JJ.): The Principal Commissioner of CGST and CX, Kolkata North CGST & CX Commissionerate (petitioner, for the Union of India; Mr. Vipul Kundalia, Sr. Adv.) challenged before this Court the C.A.T., Kolkata Bench order dated 08.02.2024 in O.A. No. 1666 of 2023 and M.A. No. 1190 of 2023, whereby Ananta Kumar Sarkar & Ors. (respondents; Mr. Debasish Ghosh) were allowed the benefits of the 5th Pay Revision Committee recommendations with effect from 01.01.1996 instead of from 2004. Counsel pointed out that the identical issue — entitlement of Inspectors in the Central Excise & Customs Department to 5th Pay Revision Committee benefits w.e.f. 01.01.1996 — had been decided by the Telangana High Court in R. Siva Shankara Sastry & Ors. v. the Union of India & Ors., Writ Petition No. 10490 of 2024 (order dated 09.08.2024), and that the Union's S.L.P. (Civil) No. 59005 of 2024 assailing that order was dismissed by the Apex Court on 28.02.2025. Finding the entitlement thus already affirmed by the Apex Court, the Bench held the writ proceedings infructuous and disposed of the writ petition (paras 5-6). Relied on: Telangana High Court order in W.P. No. 10490 of 2024 and dismissal of S.L.P. (Civil) No. 59005 of 2024.

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Ct. No.4 D/L-5 19.03.2025 (Naba)

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W.P.C.T. 4 of 2025

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

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Ananta Kumar Sarkar & 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 08.02.2024 passed by the C.A.T. in O.A. No. 1666 of 2023 and M.A. No. 1190 of 2023.

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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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