Facts
Twenty applicants, consisting of serving and retired officers of the CGST/Central Excise Department, challenged the respondents’ action concerning the same subject matter and reliefs previously considered by the Jabalpur Bench in O.A. No. 869/2025, Mragendra Sharma & Ors. v. Union of India & Ors.
Source reference: pp. 1–3The applicants contended that the controversy had already been settled in their favour in the earlier proceedings.
Source reference: p. 3Their counsel submitted that the dispute in the present application was identical to that in O.A. No. 869/2025 and that the difference in dates did not affect the applicable relief.
Source reference: p. 3The respondents did not controvert this submission.
Source reference: p. 4Issues
1. Whether the applicants’ claim was governed by the earlier decision of the Jabalpur Bench in O.A. No. 869/2025, concerning the same subject matter and substantially similar reliefs.
Source reference: pp. 3–42. Whether the applicants were entitled to have their claim considered in accordance with the order of the Hyderabad Bench in O.A. No. 1089/2019, as affirmed in subsequent proceedings.
Source reference: p. 4Law Applied
The Tribunal applied the principle that an issue already conclusively decided by a coordinate Bench and affirmed in subsequent judicial proceedings is no longer res integra.
Source reference: p. 4It relied on the Hyderabad Bench’s decision in O.A. No. 1089/2019, which had been affirmed up to the Supreme Court, and on the Madhya Pradesh High Court’s judgment dated 18 March 2025 in Miscellaneous Petition No. 177/2025.
Source reference: p. 4The Tribunal also followed its own earlier order in O.A. No. 869/2025, Mragendra Sharma & Ors. v. Union of India & Ors., dated 29 January 2026, where similar applications had been disposed of in terms of the Hyderabad Bench’s decision.
Source reference: p. 4Reasoning
The Tribunal accepted the applicants’ uncontroverted submission that the present dispute and the reliefs sought were materially identical to those considered in O.A. No. 869/2025.
Source reference: pp. 3–4Since the earlier order had treated the controversy as settled by the Hyderabad Bench’s decision in O.A. No. 1089/2019, and that decision had been affirmed through subsequent proceedings, the Tribunal held that there was no basis to reconsider the legal issue.
Source reference: p. 4Applying the principle that the matter was no longer res integra, it directed that the present application be dealt with in the same manner as O.A. No. 869/2025.
Source reference: p. 4Holding
The Original Application was allowed in light of the Jabalpur Bench’s order dated 29 January 2026 in O.A. No. 869/2025.
The applicants were directed to submit a certified copy of the present order along with a copy of the earlier order to the respondents.
Source reference: p. 4The respondents were directed to consider the applicants’ claim in accordance with the observations in the earlier order within 90 days from receipt of the certified copies.
Source reference: p. 4No order was made as to costs.
Source reference: p. 5Original Court PDF
SUKHDEV GOSH DASTIDARvsFINANCE
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