The Principal Commissioner of Cgst and Cx, Kolkata North Cgst and Cx Kolkata North Cgst and Cx Com. Vs Rajesh Dutta and Ors. — Calcutta HC (2025) — LawSathi Research

The Principal Commissioner of Cgst and Cx, Kolkata North Cgst and Cx Kolkata North Cgst and Cx Com. Vs Rajesh Dutta and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether 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 2004) — the identical issue noted as already decided in the Telangana High Court proceedings.

Court's answer

In view of the submissions and the facts noted, this Court found that the present writ proceedings have become infructuous, as the entitlement in question has already been affirmed by the Apex Court through the proceedings taken note of (the Telangana High Court decision in Writ Petition No. 10490 of 2024, upheld upon dismissal of S.L.P. (Civil) No. 59005 of 2024 on 28.02.2025); consequently nothing remained to be considered and the writ petition was disposed of.

Detailed headnote1 paragraphs

W.P.C.T. 81 of 2025 (decided 05.05.2025) — The Principal Commissioner of CGST & CX, Kolkata North CGST & CX Commissionerate assailed, in this writ petition, the order dated 05.02.2024 passed by the Central Administrative Tribunal, Kolkata Bench in O.A. No. 147 of 2024 and M.A. No. 133 of 2024, whereby the Tribunal had allowed the private respondents (Rajesh Dutta & Ors.), who had approached it seeking the benefits of the 5th Pay Revision Committee's recommendations with effect from 01.01.1996, having been aggrieved that the benefits were extended to them only from 2004. At the hearing, counsel for the petitioner fairly submitted that the identical issue — whether Inspectors in the Central Excise & Customs Department would be entitled to benefits of the 5th Pay Revision Committee with effect from 01.01.1996 — stood settled: it was decided by the Telangana High Court in Writ Petition No. 10490 of 2024 (R. Siva Shankara Sastry & Ors. Vs. the Union of India & Ors.), whose order dated 09.08.2024 was assailed by the Union of India before the Apex Court in S.L.P. (Civil) No. 59005 of 2024, dismissed on 28.02.2025. Counsel for the private respondents submitted that the authorities were thereby obliged to extend the benefits and consequences thereof to them. Finding the writ proceedings infructuous as the entitlement had already been affirmed by the Apex Court, the Division Bench (Madhuresh Prasad, J. and Supratim Bhattacharya, J.) disposed of the writ petition.

05.05.2025 (M/L-30) Ct. No.4 (B.K.N.)

W.P.C.T. 81 of 2025

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

Rajesh Dutta & Ors.

Mr. Vipul Kundalia, Ms. Aishwarya Rajyashree

...for the Petitioner

Mr. Debasish Ghosh, Mr. Debopriyo Karan

...for the Respondents

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 5th 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 the Union of India before this Court assailing the order dated 05.02.2024 passed by the C.A.T. in O.A. No. 147 of 2024 and M.A. No. 133 of 2024.

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 Department would be

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entitled to benefits of 5th 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. 59005 of 2024 has been dismissed on 28.02.2025 by the Apex Court.

As per the learned counsel for the petitioner since the issue regarding entitlement of the petitioners to grant of benefits of 5th 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.

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.

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 by the Apex Court as per the proceedings taken note of above.

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The Writ Petition is accordingly disposed of.

(Madhuresh Prasad, J.)

(Supratim Bhattacharya, J.)