Anadi Kumar Biswas vs INCOME TAX DEPARTMENT

1 o.a. 1007 of 26 with m.a.601 of 26

CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA

O.A. 350/1007/2026 Date of order: 27.08.2026
M.A. 350/601/2026

Present : Hon’ble Smt. Urmita Datta (Sen), Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member

1. Anadi Kumar Biswas

2. Bikash Mondal

3. Gobinda Lal Hazra

4. Sankar Bhattacharjee

5. Tapan Biswas

6. Subrata Sil

7. Bimal Krishna Prajapati

8. Debjyoti Halder

9. Ananta Kumar Sarkar

10. Nani Gopal Saha

11. Tapan Mitra

12. Somnath Auddy

13. Pradip Kumar Nandy

14. Shashi Sanjiv Gupta

15. Sumit Moitra

16. Tapas Saha

17. Amal Saha

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18. Mrityunjay Malakar

19. Jayanta Nath Dey

20. Pradip Kumar Paul

21. Subhendu Biswas

22. Tapas Kumar Das

23. Bibek Kumar Ghosh Roy

24. Chandralekha Ghosh

25. Deba Prasad Chattopadhyay

26. Gautam Shome

27. Atanu Deb Barman

28. Ivan Basu

29. Sugata Roy

30. Satya Charan Naskar

31. Bikash Ranjan Gain

32. Shyamal Kumar Hazra

33. Harekrushna Dash

34. Sikha Halder Sarkar

35. Prativa Chatterjee

36. Sattiraju lalitha

37. Subrata Kumar Giri

38. Supriya Sinha

39. Arindam Mukherjee

40.Sukhendu Kumar Basu
……………Applicants.
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Debnath Reason: I am the author of this
Pampa
Nandi
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3 o.a. 1007 of 26 with m.a.601 of 26

-versus-

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

2. The Chairman, Central Board of Direct Taxes,
North Block, New Delhi- 110001.

3. The Principal Chief Commissioner of Income Tax,
West Bengal and Sikkim at Aayakar Bhawan, P-7,
Chowringhee Square, Kolkata- 700069.

……….Respondents

For the Applicant : Mr. A. Chakraborty, Counsel
Mr. Arpa Chakraborty, Counsel
Mr. Argha Chakraborty, Counsel

For the Respondents : Mr. P. Bajpayee,Counsel

O R D E R (Oral)

Per Smt. Urmita Datta (Sen), Judicial Member:
Affidavit of Service filed by the applicant is taken on record.
2. Today, Mr. P. Bajpayee, learned counsel appears on behalf of the
respondents and files his Memo of Appearance which is taken on record.
3. M.A. 601/2026 has been filed by the applicants under Rule 4(5)(a) of the
CAT (Procedure) Rules, 1987, for joint prosecution is allowed on being satisfied
with the grounds therein. The applicants are accordingly allowed to pursue the
remedy jointly.

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S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2168635d
ee2247261f62bbbc47678dd5cb7 2a133ee6b9, CN=Pampa Nandi
Debnath Reason: I am the author of this
Pampa
Nandi
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4 o.a. 1007 of 26 with m.a.601 of 26

4. The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunals Act, 1985, praying for the following relief(s):-
“a) An Order do issue directing the respondents to act and proceed in accordance with
the provisions of law.
(b) An Order do issue directing the respondents to act and proceed in terms of Rule 7
read with Note 2A and Illustration 4A of the Central Civil Services (Revised Pay) Rules,
2008 and Office Memorandum F. No. 1/1/2008-IC dated 13.11.2009 issued by the
Ministry of Finance with respect to the applicants.
c) An Order do issue setting aside and/or quashing the inaction on the part of the
respondents in not treating the applicants against the pay scale 27450-11500/- as
existing pay scale as on 01.01.2006 and thereby not fixing the pay of applicants by
multiplying the existing basic pay of i.e. 27450/- by a factor of 1.86.
(d) An Order do issue directing the respondents to extend the benefit of the solemn
Order dated 01.06.2016 passed in O.A. No. 1095 of 2014, solemn Order dated
11.10.2023 passed in O.A. No. 3975 of 2015 and solemn Order dated 12.03.2025 passed
in O.A. No. 3141 of 2023 passed by Hon'ble Principal Bench of this Hon'ble Tribunal in
favour of the applicants and to grant all consequential benefits.
(e) An Order do issue directing the respondents to extend the same benefit as has been
extended to the similarly situated incumbents under the respondents department vide
Pay Fixation Office Order No. II/(03)1/Est/JDR/2018/Pt.-11/6989 dated 11.11.2025
issued from the Office of the Principal Commissioner, CGST & Central Excise/Jodhpur in
compliance of the the solemn Order dated 03.07.2025 passed by Hon'ble Jaipur Bench of
this Hon'ble Tribunal in O.A. No. 336 of 2025.
( f) An order do issue directing the respondents to take into consideration the upgraded
pay scale of the applicants i.e. 7450-11500/- for the purpose of fixation of pay as on
01.01.2006 and thereby to re-fix the pay of the applicants as on 01.01.2006 by
multiplying the existing basic pay i.e. ₹7450/ by factor of 1.86 in the pay band of ₹9300-
34800/- with grade pay of ₹4600/- from 01.01.2006 at appropriate stage along with
grant of arrears, consequent fixation of pay, fixation of increments and arrears thereto
along with interest accrued thereon from the date of entitlement till the date of actual
payment at an earliest.
(g) To grant all consequential benefits.
(h) To grant Costs and incidentals.
(i) Certify and transmit the entire records and papers pertaining to the applicant's case
so that after the causes shown thereof conscionable justice may be done unto the
applicant by way of grant of reliefs as prayed for in (a), (b), (c), (d) and (e) above.
(j) Leave may be granted to add the other applicants in the Original Application under
Rule 4(5)(a) of the CAT (Procedure) Rules, 1987.
(k) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

5. Ld Counsel for the applicants submits that the matter pertains to pay fixation.
He refers to Orders passed by the Principal Bench of this Tribunal dtd. 01.06.2016
in OA/1095/2014, dtd. 11.10.2023 in OA/3975/2015 and dtd. 12.03.2025 in
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OA/3141/2023. He also refers to the to the Order dtd. 03.07.2025 passed by the
Jaipur Bench of 4 O.A./350/113/2026this Tribunal in OA/336/2025 and the said
Order dtd. 03.07.2025 has also been implemented by the respondents vide Order
dtd. 11.11.2025 issued by the Office of the Pr. Commissioner, CGST& Central
Excise/ Jodhpur. He further submits that the applicants made representations on
different dates before the competent respondent authority praying for fixation of
pay as per Rule 7A read with Note-2Aof the Central Civil Services (Revised Pay)
Rules 2008. However, none of the representations has been considered till date.
Hence this OA.
6. Ld Counsel for the applicants submits that the applicants herein are similarly
circumstanced with the applicants of the aforesaid OAs. He, therefore, prays for
grant of similar benefit in favour of the applicants. He submits that it would
suffice the purpose if the Respondent No. 3 be directed to consider the pending
representations of the applicants, treating this OA as a part of them, in light of the
aforesaid orders passed by the Principal Bench and Jaipur Bench of this Tribunal
as well as in light of the order of implementation dtd. 11.11.2025 and
communicate the decision to the applicants with follow up action within a
stipulated period of time.
7. Ld Counsel for the respondents submits that some time may be granted to the
respondents to a decision in this regard.
8. Heard.
9. Since the Ld Counsel for the applicants has made an innocuous prayer for
consideration of the representations of the applicants, we direct the Respondent
No. 2 or any other competent respondent authority to consider the pending
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S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2168635d
ee2247261f62bbbc47678dd5cb7 2a133ee6b9, CN=Pampa Nandi
Debnath Reason: I am the author of this
Pampa
Nandi
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6 o.a. 1007 of 26 with m.a.601 of 26

representations of the applicants, treating this OA as a part of them, in light of the
orders passed by the Principal Bench of this Tribunal dtd. 01.06.2016 in
OA/1095/2014, dtd. 11.10.2023 in OA/3975/2015 dtd. 12.03.2025,
OA/3141/2023, Order dtd. 03.07.2025 passed by the Jaipur Bench of this Tribunal
in OA/336/2025 and also in light of the order of implementation dtd. 11.11.2025
issued by the Office of the Pr. Commissioner, CGST & Central Excise/ Jodhpur and
communicate the decision to the applicants (after verification of individual case)
by way of a reasoned and speaking order within a period of 03 months from the
date of receipt of a certified copy of this order. If the applicants herein are found
similarly circumstanced with the applicants of the aforesaid OAs, the respondents
are directed to extend the same benefit in favour of them as has been granted
vide order of implementation dtd. 11.11.2025.
10. We make it clear that we have not gone into the merits of the case. All points
for consideration are kept open.
11. Accordingly, the OA is disposed of. MA also stands disposed of. No cost.
(Anindo Majumdar) (Urmita Datta (Sen)
Member (A) Member (J)

pd

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S=West Bengal,
SERIALNUMBER= 965e50cc3fa0709cded2168635d
ee2247261f62bbbc47678dd5cb7 2a133ee6b9, CN=Pampa Nandi
Debnath Reason: I am the author of this
Pampa
Nandi
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7 o.a. 1007 of 26 with m.a.601 of 26