Five GST employees sought quashing of a speaking order refusing regularization from initial appointment dates. The Court held the petitions were not maintainable before it since the impugned order was passed pursuant to a Central Administrative Tribunal order, and closed them granting liberty to approach the CAT.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P.Nos.23954, 23956, 23957, 23958 and 23960 of 2024 and W.M.P.Nos.26219, 26228, 26222, 26223 & 26225 of 2024
B.Arulmozhi Iniarasu ... Petitioner in W.P.No.23954 of 2024 S.Thangavel ... Petitioner in W.P.No.23956 of 2024 M.Kamalakanna ... Petitioner in W.P.No.23957 of 2024 M.Govindaraj ... Petitioner in W.P.No.23958 of 2024 A.Somasundaram ... Petitioner in W.P.No.23960 of 2024 Vs. 1.The Secretary to Government, Ministry of Finance, Department of Revenue, North Block, New Delhi – 110 001.
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2.The Chairman Central Board of Indirect Taxes & Customs North Block, New Delhi – 110 001.
3.The Commissioner of GST & Central Excise, (Institu) PCCO 26/1, Mahatma Gandhi Road, Chennai – 600 034.
4.The Commissioner of GST & Central Excise, Chennai South Commissionerate, MHU Complex, No.692, Anna Salai, Nandanam, Chennai – 600 035. ... Respondents in W.P.No.23954 of 2024
Prayer in W.P.No.23954 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Call for the records pertaining to the impugned speaking order dated 27.09.2022 vide GCCO.No. II/39/OTH/20/2022-CCA Estt passed by the office of the 3rd respondent and quash the same and consequently direct the 3rd respondent to regularize the services of the petitioner from the date of initial appointment dated 01.10.1997 vide C.No.I/P.R.O/1997 ESTT and confer all consequential service and monetary benefits based on the initial appointment dated 01.10.1997 within a time frame as fixed by this Court.
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Prayer in W.P.No.23956 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Call for the records pertaining to the impugned speaking order dated 27.09.2022 vide GCCO.No. II/39/OTH/20/2022-CCA Estt passed by the office of the 3rd respondent and quash the same and consequently direct the 3rd respondent to regularize the services of the petitioner from the date of initial appointment dated 10.10.1997 vide C.No.I/P.R.O/1997 ESTT and confer all consequential service and monetary benefits based on the initial appointment dated 10.10.1997 within a time frame as fixed by this Court.
Prayer in W.P.No.23957 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Call for the records pertaining to the impugned speaking order dated 27.09.2022 vide GCCO.No. II/39/OTH/20/2022-CCA Estt passed by the office of the 3rd respondent and quash the same and consequently direct the 3rd respondent to regularize the services of the petitioner from the date of initial appointment dated 03.01.2000 vide C.No.I/P.R.O/1997 ESTT and confer all consequential service and monetary benefits based on the initial appointment dated 03.01.2000 within a time frame as fixed by this Court.
Prayer in W.P.No.23958 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Call for
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the records pertaining to the impugned speaking order dated 27.09.2022 vide GCCO.No. II/39/OTH/20/2022-CCA Estt passed by the office of the 3rd respondent and quash the same and consequently direct the 3rd respondent to regularize the services of the petitioner from the date of initial appointment dated 06.03.2000 and confer all consequential service and monetary benefits based on the initial appointment dated 06.03.2000 within a time frame as fixed by this Court.
Prayer in W.P.No.23960 of 2024: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, Call for the records pertaining to the impugned speaking order dated 27.09.2022 vide GCCO.No. II/39/OTH/20/2022-CCA Estt passed by the office of the 3rd respondent and quash the same and consequently direct the 3rd respondent to regularize the services of the petitioner from the date of initial appointment dated 03.01.2000 and confer all consequential service and monetary benefits based on the initial appointment dated 03.01.2000 within a time frame as fixed by this Court.
For Petitioner : Mr.R.Abdul Mubeen in all W.P.s For Respondents : Mr.K.Ramanamoorthy in all W.Ps Standing Counsel for R1
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O R D E R
These writ petitions have been filed against the proceedings of the 3rd respondent dated 27.09.2022 and for a consequential direction to the 3rd respondent to regularize the services of the petitioners from the date of their initial appointment.
2.Heard Mr.R.Abdul Mubeen, learned counsel appearing on behalf of the petitioner and Mr.K.Ramanamoorthy, learned Standing Counsel appearing on behalf of the 1st respondent.
3.In the considered view of this Court, these writ petitions are not maintainable before this Court and the petitioners will have to necessarily approach the Central Administrative Tribunal and redress their grievances. In fact, the impugned order itself came to be passed by the 3rd respondent only pursuant to an order passed by the Central Administrative Tribunal, Chennai Bench dated 08.07.2022, in O.A.No.494 of 2021.
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4.In view of the above, these writ petitions are closed and liberty is
granted to the petitioners to approach the Central Administrative Tribunal and
workout their remedy. No Costs. Consequently, connected miscellaneous petitions are closed.
23.08.2024
Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr
To
2.The Chairman Central Board of Indirect Taxes & Customs North Block, New Delhi – 110 001.
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3.The Commissioner of GST & Central Excise, (Institu) PCCO 26/1, Mahatma Gandhi Road, Chennai – 600 034.
4.The Commissioner of GST & Central Excise, Chennai South Commissionerate, MHU Complex, No.692, Anna Salai, Nandanam, Chennai – 600 035.
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N. ANAND VENKATESH, J.
ssr
W.P.Nos.23954, 23956, 23957, 23958 and 23960 of 2024 and W.M.P.Nos.26219, 26228, 26222, 26223 & 26225 of 2024
23.08.2024
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1 issue framed by the court
Whether the writ petitions challenging the speaking order dated 27.09.2022 on regularization of services are maintainable before the High Court when the impugned order arose from a CAT order.
1 provisions across 1 enactments
B.Arulmozhi Iniarasu
S.Thangavel
M.Kamalakanna
M.Govindaraj
A.Somasundaram
The Secretary to Government, Ministry of Finance, Department of Revenue
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
