100%(1)100% found this document useful (1 vote) 71 views2 pagesImplementation Order Matharoo
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F. No, C-18012/19/[Link]
Government of India
Ministry of Finance
Department of Revenue
CBEC
seer
New Delhi, the 03" August, 2017
To
All Cadre Controlling Authorities under CBEC
Subject : Implementation of CAT, Chandigarh Bench order dated 03.08.2012 in
OA No.338/PB/2012 filed by Shri Balwinder Singh Matharoo and others.
Sir,
Shri Balwinder Singh Matharoo & others filed OA No.338/PB/2012 in CAT,
Chandigarh Bench. The CAT, Chandigarh Bench delivered its order on 03.08.2012.
2. The operational part of the order dated 03.08.2012 is as under :-
te “In the Prevalent system of Judicial Dispensation, it is the law laid down
by the Apex Judicial Dispensation which rules the roost. Any administrative
instructions to the contrary would require to be invalidated. If the respondents had
any reservations about its finality of the opinion in the case of order, it was for them
to have filed a petition for review before the Hon’ble Apex Judicial Dispensation
for the review of the relevant order. No such review plea or a curative petition
concededly came to be filed before the Hon’ble Apex Court. In that view of things,
there can be no dispute that the averred proposition that the controversy in this OA
is squarely covered by a decision rendered in OA No.651/1997, which came to be
affirmed by the Delhi High Court in judicial review challenge vide order dated
18.02.2009 in WP 4005/1997 along with connected matters and the view obtained
by the Delhi High Court attained finality with the seal of approval thereupon by the
Hon’ble Apex Court, vide its order dated 12.12.2011.
8. “We would, accordingly, allow this OA, uphold the entitlement of the
applicants to the service rendered by them in their parent Commissionerate and
direct the respondents to grant them the relevant benefits within two months from
the date a copy of this order is presented in the office of the Competent authority”.
sedel 2s
3, The CAT order was challenged in the Hon’ble High Court of Punjab and Haryana at
Chandigarh by way of filing WP© No.25662/2012. The Hon’ble High Court vide order
dated 21.01.2013 dismissed the Writ Petition. The order of the Hon’ble High Court dated
31.01.2013 was challenged in the Hon’ble Supreme Court by way of Special Leave Petition
No. 5408-5409/2014. The Hon'ble Supreme Court vide its order dated 23.02.2017
dismissed the SLP.
4, The matter has been examined in the Board in consultation with DOP&T. After
dismissal of SLP, the matter has attained finality. It has, therefore, been decided with the
approval of competent authority to implement CAT, Chandigarh Bench order dated
03.08.2012 in OA No.338/PB/2012 in respect of all concerned (petitioners and non-
petitioners) under Central Board of Excise & Customs.
5, You are requested to take further follow up action in the matter.
Yours faithfully,
(Ni
Under Secretary to the Govt. of India
Tele : 23095584