By Speed Post
F. No. C-18012/19/2012-Ad.II B
Government of India
Ministry of Finance
Department of Revenue
New Delhi, the 31st December, 2019
All Cadre Controlling Authorities under CBIC
Sub: Implementation of CAT, Chandigarh Bench Order dt. 03.08.2012 in OA No. 338/PB/2012 filed by Shri Balwinder Singh Matharoo and Ors.
The Board is in receipt of several letters from various Zones seeking clarification of the term “all concerned (petitioners and non-petitioners)” mentioned in Para 4 of the said letter and applicability of Balwinder Singh Matharoo judgment. Para 4 of the letter dated 03.08.2017 reads as below —
” 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.”
2. It is to clarify that the “petitioners and non-petitioners” in the above para 4 of the said letter would mean similarly situated persons in identical cases. Non-petitioners would mean persons who are similarly situated and are eligible for promotion against the post of Superintendent, upgraded vide Department of Revenue’s letter No. A-11012/01/96-Ad.IV dated 10.09.1996 and 29.05.1997 but have not sought any judicial remedy. The petitioners would be those officers who have approached an appellate forum for redressal.
3. The application of the B.S. Matharoo case and Para 4 of the letter dated 03.08.2017 may be strictly restricted to similarly placed officials as stipulated above.
Under Secretary to the Govt. of India