NAGARAJ G ANVERI vs REVENUE on 28 December 2023

1. Union of India represented by Revenue Secretary to Government Ministry of Finance, Department of Revenue, North Block, New Delhi - 110001.

2. The Secretary, Department of Expenditure, North Block, New Delhi – 110 001.

3. The Chairman, Central Board of Indirect Taxes North Block, New Delhi – 110 001.

4. The Principal Chief Commissioner of Central Tax, Bengaluru, P.B No.5400, Central Revenue Building, Queen’s Road, Bangalore – 560 001.

.…Respondents

(By Shri. Sayed S Kazi, Addl. Central Government Standing Counsel)

O R D E R (ORAL)

PER: JUSTICE S. SUJATHA, MEMBER (J)

Though the matter was listed “For Orders” today, with the consent of the learned counsel appearing for both the parties, the matter has been taken up for final disposal.

2. The applicant has sought for the following reliefs: “(a) Call for records of the case from the respondents and on perusal (b) Issue a direction to the respondents to grant Non- Functional Grade (NFG) scale in the pay band 2 – Rs.8300- 34800 +GP Rs.5400 after completion of four years’ service to the applicant from the date of grant of GP of Rs.4800 by fixing his pay with a further direction to grant all consequential financial benefits of arrears.

(c) Grant such other relief/s as this Hon'ble Tribunal deems fit and proper to grant to the applicant including an order as to costs of this OA for unnecessarily thrusting this litigation on the applicant, in the interests of justice.”

3. The issue involved herein is no more res integra in view of the decision of the Hon’ble Apex Court in Civil Appeal No.8883 of 2011 dated 10.10.2017 and Review Petition (Civil) No.2512 of 2018

dated 23.08.2018 (Union of India v/s M. Subramaniam) consistently followed by this Tribunal.

4. In view of the aforesaid, this Original Application stands disposed of, in similar terms. No order as to costs.

(RAKESH KUMAR GUPTA) (JUSTICE S. SUJATHA)

MEMBER (A)

MEMBER (J) /rk/