ALL INDIA PENSIONERS ASSOCIATION OF CENTRAL BOARD OF INDIRECT TAX & CUSTOMS

                   Secretary General                      Address for communication

 Lokanath Mishra                             Jenamath Lane, Panchu Chaura,   Puri                     Mob-  9437314941                             mail Id:jailoknathjee@gmail.com

Ref. No. 121/AIB/P/18                                                                          Dt. 09.05.18

To,

The Chief Commissioner,

CGST, Central Excise and Customs,

Bhubaneswar

Sir,

                            Sub- Holding of Pension Adalat--regarding.

                        We, beg to state that Board under F.No. A-26017/48/200 Ad.II A dated 8.01.2001 allowed stepping up of pay of certain seniors at par with juniors to remove pay anomalies. The said order was implemented by the field offices of CBEC. But subsequently after lapses of 4 years, Board vide F.No. A-26017/68/2004 Ad II A dated 15.2.2005 intimated to all field offices that- “The letter F.NO. A-26017/48/2000 Ad II A dated 8.01.2001 was not issued by Board”- Board under such letter dated 15.02.05 had also directed that –“Where the stepping up of pay has been allowed in terms of letter dated 8.01. 2001, the same may be stopped and the excess payments made to the officers may be recovered after following the due procedure”.

2.  The above matter was investigated by the Director General of Vigilance, CBEC and they have observed that –“There is no suppression of facts or procedures could be noticed”- . Such observation was procured under RTI Act. Despite such observation of DG Vigilance, process of recovery was initiated by the department. Against such process of recovery, many affected officers had filed an OA in CAT, Cuttack and CAT, Cuttack in OA No. 156/2005 decided the issue on 4.5.2009 and observed that the applicants are no way responsible for any lapses in getting the benefits of step up of pay and accordingly set aside the recovery proceedings. However CAT , Cuttack had directed not to grant such benefits prospectively from the date of issue of order I.e. 04.06.2009.

3. That despite such decision of CAT, Cuttack Bench, and the department decided to with hold 10% from the gratuity at the time of my retirement. To avoid with holding 10% of gratuity amount at the time of retirement, the affected officers, had requested the department to recover whatever amount is paid to them in the case of such step up of pay instead of withholding any amount from gratuity at the time of retirement

3. That against the decision of CAT, Cuttack Bench in OA No. 156/2005 the department filed writ petition before Honourable High Court of Odisha vide WP( C ) No. 15480 of 2009.  However the Honourable High Court of Odisha had dismissed WP( C ) No. 15480 of 2009 on 13.01.2015 filed by the department. Against such dismissal, the department filed one miscellaneous petition to restore the petition but there is no stay order issued by the High Court of Odisha.

                         Under the circumstances  we, request your honour to  direct the competent authority for refund of entire amount  which was recovered at the time of retirement  from gratuity of the affected retired officials  as there is no stay order for not to implement the OA No. 156/2005 of CAT, Cuttack Bench and WP( C ) No. 15480 of 2009 of  the Honourable High Court of Odisha.

                                                                      

                                                            Yours faithfully,

                                                        (LOKANATH MISHRA)

                                                       SECRETARY GENERAL