OP (CAT) Nos. 196/2019, 197/2019 and 198/2019

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941** **OP (CAT).No.196 OF 2019** **AGAINST THE ORDER/JUDGMENT IN OA 914/2018 DATED 26-07-2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONER/S:** **K.S.ABHILASH AGED 42 YEARS S/O. SIVAN MENON, INSPECTOR (EXAMINER) OF CUSTOMS, CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN - 682 009.** **BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.P.J.JOE PAUL SRI.RAJAN G. GEORGE** ## **RESPONDENT/S:** - **1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI - 110001.** - **2 CHAIRMAN** **CENTRAL BOARD OF INDIRECT TAX AND CUSTOMS, NORTH BLOCK, NEW DELHI - 110001.** - **3 CHIEF COMMISSIONER OF CENTRAL TAX AND CUSTOMS CENTRAL REVENUE BUILDINGS, I.S.PRESS ROAD, COCHIN - 682018.** - **4 COMMISSIONER OF CUSTOMS CUSTOMS HOUSE, WILLINGTON ISLAND, COCHIN - 682009.** ## **R1-4 BY SRI.T.V.VINU, CGC** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH OP (CAT).197/2019, OP (CAT).198/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**OP(CAT).196, 197 & 198/18**_ 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941** **OP (CAT).No.197 OF 2019** **AGAINST THE ORDER/JUDGMENT IN OA 877/2018 DATED 26-07-2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONER/S:** **1 HARIS.N.K AGED 35 YEARS S/O ANDRU,INSPECTOR OF CENTRAL EXCISE, OFFICE OF THE COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE,MANANCHIRA,KOZHIKODE-673001. 2 ABDUL AHAD.K, AGED 34 YEARS S/O ABDUSSAMAD.K,INSPECTOR OF CENTRAL EXCISE,OFFICE OF THE SUPERINTENDENT OF CENTRAL TAX AND CENTRAL EXCISE,MACHERI RANGE,PULICKAL TOWERS,MACHERI676121, MALAPPURAM DISTRICT.** **BY ADVS. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SHRI.AKSHAY V NAIR SRI.A.R.DILEEP SRI.P.J.JOE PAUL SRI.RAJAN G. GEORGE SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)** ## **RESPONDENT/S:** **1 UNION OF INDIA BY ITS SECRETARY,DEPARTMENT OF REVENUE, NORTH BLOCK,NEW DELHI-110001.** - **2 CHAIRMAN,** _**OP(CAT).196, 197 & 198/18**_ 3 **CENTRAL BOARD OF INDIRECT TAX AND CUSTOMS, NORTH BLOCK,NEW DELHI-110001.** - **3 CHIEF COMMISSIONER OF CENTRAL TAX AND CUSTOMS, CENTRAL REVENUE BUILDINGS,I.S.PRESS ROAD, COCHIN-682018.** - **4 COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE, CENTRAL REVENUE BUILDINGS,I.S.PRESS ROAD, COCHIN-682018.** - **5 COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE, CENTRAL REVENUE BUILDINGS,MANANCHIRA, KOZHIKODE-673001.** - **6 ASSISTANT COMMISSIONER, CENTRAL GOODS AND SERVICES TAX AND CENTRAL EXCISE,MALAPURAM DIVISION, AWAL TOWER,MIDDLE HILL,MALAPURAM-676505.** ## **R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH OP (CAT).196/2019, OP (CAT).198/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**OP(CAT).196, 197 & 198/18**_ 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941** **OP (CAT).No.198 OF 2019** **AGAINST THE ORDER/JUDGMENT IN OA 864/2018 DATED 26-07-2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONER/S:** **1 JACOB.K.F AGED 44 YEARS S/O SHRI K.P.FRANCIS, INSPECTOR OF CENTRAL EXCISE, OFFICE OF THE COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE (APPEALS), CENTRAL REVENUE BUILDINGS, I.S PRESS ROAD, COCHIN-682 018.** **2 AJI. V.V. AGED 45 YEARS S/O SHRI V.VASUDEVAN, INSPECTOR OF CENTRAL EXCISE, CENTRAL GOODS AND SERVICE TAX AND CENTRAL EXCISE, NORTH DIVISION, THIRUVANANTHAPURAM-695 001.** **BY ADVS. SRI.A.R.DILEEP SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.RAJAN G. GEORGE SRI.P.J.JOE PAUL** ## **RESPONDENT/S:** **1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, NORTH BLOCK, NEW DELHI-110001. 2 CHAIRMAN, CENTRAL BOARD OF INDIRECT TAX AND CUSTOMS, NORTH BLOCK, NEW DELHI-110001.** _**OP(CAT).196, 197 & 198/18**_ 5 - **3 CHEIF COMMISSIONER OF CENTRAL TAX AND CUSTOMS, CENTRAL REVENUE BUILDINGS, I.S PRESS ROAD, COCHIN682 018** - **4 COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE, CENTRAL REVENUE BUILDINGS, I.S.PRESS ROAD, COCHIN682 018** - **5 COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE, GST BHAVAN, PRESS CLUB ROAD, THIRUVANANTHAPURAM-695 001.** - **6 ASSISTANT COMMISSIONER, CENTRAL GOODS AND SERVICES TAX AND CENTRAL EXCISE NORTH DIVISION, THIRUVANANTHAPURAM-695 001.** **R1-6 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH OP (CAT).196/2019, OP (CAT).197/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _**OP(CAT).196, 197 & 198/18**_ 6 ## **K.VINOD CHANDRAN & V.G.ARUN, JJ.** ----------------------------------------------O.P.(CAT).Nos.196, 197 and 198 of 2019 ----------------------------------------------Dated this the 10[th] day of October, 2019 ## **JUDGMENT** ## _**Arun, J.**_ These original petitions are filed by the applicants before the Central Administrative Tribunal, aggrieved by the common order of the Tribunal in O.A.Nos.914, 864 and 877 of 2018. O.P(CAT).No. 196 of 2019 is filed against the order in O.A.No.914 of 2018, O.P(CAT).No.197 of 2019 against the order in O.A.No.877 of 2018 and O.P.(CAT).No.198 of 2019 against the order in O.A.No.864 of 2018. By the impugned order, the Tribunal dismissed the original applications, refusing to interfere with the cancellation of Inter-Commissionerate Transfers granted to the applicants. For dismissing the original application, the Tribunal relied on the judgment of this Court in O.P(CAT).No.173 of 2018, which was rendered under similar facts and circumstances. 2. The issue involved in these original petitions is with regard to the stoppage of the practice of Inter-Commissionerate Transfer of Inspectors in the Central Excise and Customs Department (presently, the Central Tax and Customs Department). _**OP(CAT).196, 197 & 198/18**_ 7 3. Earlier, Rule 4 of the Central Excise and Land Customs Department Inspector (Group 'C' Posts) Recruitment Rules, 2002 provided for Inter-Commissionerate Transfer. Rule 4 of the Recruitment Rules of 2002 reads as follows: _“4. Special Provision.- (i) Each Commissionerate shall have its own separate cadre unless otherwise directed by the Central Board of Excise and Customs:_ _(ii) Notwithstanding anything contained in sub-rule (I), the jurisdictional Chief Commissioner of the Central Excise may, if he considers to be necessary or expedient in the public interest so to do and subject to such conditions as he may determine, having regard to the circumstances of the case and for reasons to be recorded in writing, order any post in the Commissionerate of Central Excise to be filled by absorption of persons holding the same or comparable posts, but belonging to the cadre of another Commissionerate of Directorate under the Central Board of Excise and Customs.”_ 4. The Recruitment Rules, 2002 was superseded and substituted by the Central Excise and Customs Commissionerates Inspector (Central Excise, Preventive Officer and Examiner), Group 'B' Posts Recruitment Rules, 2016. Rule 5 of the 2016 Recruitment Rules, which is contextually relevant, reads as follows: _“5._ _**Special Provision.** - Each Cadre Controlling Authority (CCA) shall have its own separate cadre, unless otherwise directed by the Central Board of Excise and Customs.”_ Thus, on introduction of the 2016 Recruitment Rules, the practice of Inter-Commissionerate Transfer ceased to exist. _**OP(CAT).196, 197 & 198/18**_ 8 5. In spite of there being no provision for Inter-Commissionerate Transfers, the applicants were granted the benefit of InterCommissionerate Transfer after the introduction of the 2016 Recruitment Rules, resulting in the applicants being transferred out from their parent zones and the applicant in O.A.No.914 of 2018 joining at the Cochin Zone and the applicants in O.A.Nos.864 and 877 of 2018 joining at the Thiruvananthapuram Zone. 6. Taking note of this anomalous situation, circular dated 20.9.2018 was issued by the Government of India, clarifying that since the Recruitment Rules, 2016 do not have any provision for recruitment by absorption and accordingly, no Inter-Commissionerate Transfer application can be considered after coming into force of the Recruitment Rules, 2016. In the Circular it is also stated that any office order for Inter-Commissionerate Transfer in the grade of Inspector issued on or after 26.12.2016 will be _non est_ and accordingly, any officer who has joined another zone in pursuance of such order shall be treated as a deemed case on loan basis with effect from 26.12.2016 and those officers shall be deemed to be on loan till 31.3.2019, on which date the officers shall stand relieved and be reverted to their parent zones. The original applications were thereupon filed challenging the circular dated 20.9.2018 and the consequential orders repatriating the applicants to their parent zones, from where they had _**OP(CAT).196, 197 & 198/18**_ 9 been transferred to the Cochin and Thiruvananthapuram zones respectively. 7. The Tribunal found that the issues canvassed in the original applications were covered by the decision of this Court in O.P. (CAT).No.173 of 2018 dated 10.4.2019 in the matter of _**Union of India and Others v. Gulshan Kumar and Others**_ and consequently dismissed the original applications in terms of that judgment. 8. Sri.George Varghese Perumpallikuttiyil, the learned counsel for the petitioners strenuously contended that there is marked difference with respect to the facts in the instant original petitions and the facts on which O.P.(CAT).No.173 of 2018 was decided by this Court. It is submitted that in O.P.(CAT).No.173 of 2018 and connected cases, the applicants were persons either awaiting favourable orders of transfer or persons issued with transfer orders and the orders cancelled before the applicants had joined at the transferred stations. It is submitted that the applicants in the instant original petitions having been transferred much prior to the issuance of the circular dated 20.9.2018 had a right to continue in the present stations and therefore the judgment in O.P.(CAT).No.173 of 2018 and connected cases cannot be made applicable to the facts of their case. 9. A careful scrutiny of the judgment in O.P.(CAT).No.173 of 2018, to which one of us (V.G.Arun, J) was a party, and the grounds raised in _**OP(CAT).196, 197 & 198/18**_ 10 these original petitions reveal that all the grounds raised herein have been elaborately dealt with in the judgment. The contention that InterCommissionerate Transfers are post appointment conditions of service and are not comprehended by the Recruitment Rules, which is confined to enlistment, acceptance, selection or approval for appointment and not actual appointment of posting in service and are therefore outside the scope of the Recruitment Rules, 2016 was considered, in the light of the decision of the Apex Court in _**State of U.P. and others v. Gobardhan Lal**_ [AIR 2004 SC 2165] and the decision of a Division Bench of this Court in _**Sreenarayana Trust and Others v. State of Kerala**_ [ILR 2007 (2) Ker.478]. Thereupon this Court held that transfer is a condition of service and is also an incidence of service and that transfer of an employee does not, in any manner, alter his conditions of service. 10. The contention that in the absence of a provision for InterCommissionerate Transfer in the Recruitment Rules, 2016, it is not an occupied field and therefore executive orders would govern the InterCommissionerate Transfers, was also considered and answered in the following manner: _“23....The said contention regarding the absence of provision prohibiting ICT in the Recruitment Rules of 2016 and the validity of Annexure A3 order cannot be countenanced for the following reasons; it is not in dispute that Annexure R3 Recruitment Rules of 2002 contained a provision enabling ICT._ _**OP(CAT).196, 197 & 198/18**_ 11 _It is an admitted fact that no such provision is included in the Recruitment Rules of 2016 and on the other hand, Rule 5 of Annexure R4 specifically stipulate that each Cadre Controlling Authority (CCA) shall have its own separate cadre, unless otherwise directed by the Central Board of Excise and Customs. Any inter-commissionerate transfer would violate the unique identity of each cadre envisaged under Rule 5 of Annexure R4, the Recruitment Rules of 2016. In that view of the matter, ICT orders issued on the strength of Annexure A3 would definitely be a transgression into the field occupied by Annexure R4 Rules issued in exercise of the power under the proviso to Article 309 of the Constitution of India.”_ 11. As far as the challenge against circular dated 20.9.2018 is concerned, it was held in the judgment as follows: _“24. For the reasons mentioned above, we find considerable force in the contention urged by the learned Additional Solicitor General that Annexure A1 having been issued without authority and in violation of the Recruitment Rules of 2016, was invalid and hence the cancellation of Annexure A1 by issuing Annexure A2 was perfectly in order. The decisions in_ _**Prem Parveen v. Union of India and others [1973 SCC OnLine Delhi 194]** and_ _**Bhagawati Prasad Gordhandas Bhatt v. The State of Gujarat and others [1976 SCC OnLine Gujarat 51]** , lend credence to the contention. Moreover, the question as to whether Annexure A3 or Annexure R4 would govern the ICT of the respondents is no longer doubtful in view of Ext.R1 (o) Circular dated 20.9.2018 wherein, the Government of India has made it absolutely clear that the Recruitment Rules, 2016 do not have any provision for recruitment by absorption and accordingly, no ICT application can be considered after coming into force of the_ _**OP(CAT).196, 197 & 198/18**_ 12 _Recruitment Rules, 2016. In the light of Ext.R1(o), no reliance can be placed on Exts.R1(p) and R1(q) which are only office notes and related correspondences.”_ 12. Finally, it was held that transfer being a condition of service, it is well within the power of an employer to take policy decision either to grant or not to grant Inter-Commissionerate Transfers to its employees and there cannot be a judicial review and interference on such policy decisions. Consequently, the cancellation of orders of Inter-Commissionerate Transfers of the applicants therein was found to be valid and the original applications were dismissed. None of the grounds raised in these original petitions and the persuasive arguments advanced by the learned counsel for the petitioners compel us to take a different view. 13. As far as the contention that the petitioners having joined at the transferred stations, have acquired a right to continue in that station is concerned, we have no hesitation to hold that the petitioners have not acquired any vested right to continue in the present station; transfer being a condition as well as an incident of service. In the result, the original petitions are dismissed with the following direction: Taking into consideration that the Department had transferred the petitioners, granting them the benefit of Inter-Commissionerate Transfer, which mistake was subsequently corrected based on the _**OP(CAT).196, 197 & 198/18**_ 13 circular dated 20.9.2018, equity demands that the seniority of the petitioners be retained at the parent zones, where they are to rejoin pursuant to this judgment. The petitioners shall also be granted joining time as also the eligible transfer grants, since, though against the rules, it was the department who transferred them. No order as to costs. Sd/- **K.VINOD CHANDRAN JUDGE** **Sd/V.G.ARUN JUDGE** _vgsx_ _**OP(CAT).196, 197 & 198/18**_ 14 ## **APPENDIX OF OP (CAT) 196/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **PHOTOCOPY OF ORIGINAL APPLICATION NO.914/2018.** **EXHIBIT P1(A 14) TRUE COPY OF THE CIRCULAR F.NO.A22015/117/2016-AD.III A DATED 20.09.2018 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P1 (A20) TRUE COPY OF THE ORDER N 223/2018 DATED 30.10.2018 ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT P1 (A1) TRUE COPY OF THE LETTER F.NO.S/530/2017/ESTT.DATED 15.02.2017 ISSUED BY THE PRINCIPAL COMMISSIONER OF CUSTOMS, MUMBAI.** - **EXHIBIT P1 (A2) TRUE COPY OF THE LETTER F.NO.545/20/2009 ESTT. CUS.PART.1 DATED 21.02.2017 ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT P1 (A3) TRUE COPY OF THE ESTT.OFFICE ORDER NO.23/2017 DATED 27.02.2017 ISSUED BY THE 4TH RESPONDENT.** - **EXHIBIT P1 (A4) TRUE COPY OF THE ESTABLISHMENT OFFICE ORDER NO.54/2017 DATED 02.03.2017.** - **EXHIBIT P1 (A5) TRUE COPY OF THE OFFICE ORDER NO.31/2017 DATED 06.03.2017.** - **EXHIBIT P1 (A6) TRUE COPY OF THE RECRUITMENT RULES PUBLISHED ON 29.11.2002 IN THE GAZETTE OF INDIA.** - **EXHIBIT P1 (A7) TRUE COPY OF THE LETTER NO.6/97/57-ADM.III DATED 12.02.1958 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P1 (A8) TRUE COPY OF THE LETTER F NO.A 22015/3/2004 AD.III A DATED 19.02.2004 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P1 (A9) TRUE COPY OF THE LETTER F NO. 22015/19/2006-AD.III A DATED 27.03.2009 ISSUED BY THE 2ND RESPONDENT.** _**OP(CAT).196, 197 & 198/18**_ 15 **EXHIBIT P1 (A10)** **TRUE COPY OF THE F NO.22015/23/2011 AD.III A DATED 27.10.2011.** - **EXHIBIT P1 (A11) TRUE COPY OF THE LETTER F NO. 22015/23/2011-AD.III A DATED 28.05.2014 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P1 (A12) TRUE COPY OF THE LETTER F NO.A 22015/117/2016-AD.III A DATED 02.01.2017 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE GUIDELINES.** - **EXHIBIT P1 (A13) TRUE COPY OF THE RECRUITMENT RULES NOTIFIED ON 26.12.2016.** - **EXHIBIT P1 (A15) TRUE COPY OF THE RECRUITMENT RULES CALLED 'THE CENTRAL EXCISE AND CUSTOMS DEPARTMENT STENOGRAPHER GRADE II (GROUP C POSTS) RECRUITMENT RULES 2011.** - **EXHIBIT P1 (A16) TRUE COPY OF THE OM NO.A22015/117/2016AD.III.A. DATED 04.08.2017 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P1 (A17) TRUE COPY OF THE LETTER F NO.8/11/39/HRD (II RM-II) 2018 DATED 06.09.2018 ISSUED BY THE 2ND RESPONDENT.** - **EXHIBIT P1 (A18) TRUE COPY OF THE ESTABLISHMENT ORDER NO.47/2018 DATED 03.10.2018 ISSUED BY THE CHIEF COMMISSIONER CHANDIGARH ZONE.** - **EXHIBIT P1 (A19) TRUE COPY OF THE INTERIM ORDER DATED 08.10.2018 IN OA NO.943/2018.** - **EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN OP(CAT) NO.173/2018 DATED 10.04.2019.** - **EXHIBIT P3 TRUE COPY OF THE ORDER DATED 26.07.2019 IN OA NO.914/2018.** - **EXHIBIT P4 A TRUE COPY OF ORDER F.NO.A.22015/22/2009AD.IIIA DATED 29.11.2011 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P5 A TRUE COPY OF ORDER DATED 15.11.2018 IN OA 101/2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH.** _**OP(CAT).196, 197 & 198/18**_ 16 **EXHIBIT P6 A TRUE COPY OF ORDER NO.114/2019 DATED 3008-2019 ISSUED TO THE PETITIONER.** **EXHIBIT P7 A TRUE COPY OF COMMUNICATION F.NO.A 32012/36/2019-AD.III-A DATED 09-09-2019 ISSUED BY THE 1ST RESPONDENT.** _**OP(CAT).196, 197 & 198/18**_ 17 ## **APPENDIX OF OP (CAT) 197/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTOCOPY OF ORIGINAL APPLICATION NO.877/2018 EXHIBIT P1(A 10) TRUE COPY OF THE CIRCULAR F.NO.A 22015/117/2016-AD.III A DT.20.09.2018. EXT.P1(A 16) TRUE COPY OF THE ORDER NO.178/2018 DT.24.10.2018 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P(A1) TRUE COPY OF THE ORDER NO.79/2017 DT.31.3.2017 ISSUED BY THE 3RD RESPONDENT EXT.P1(A2) TRUE COPY OF THE RECRUITMENT RULES PUBLISHED ON 29.11.2002 IN THE GAZETTE OF INDIA EXT.P1(A3) TRUE COPY OF LETTER NO.6/97/57-ADMN.III DT.12.2.1958 ISSEUD BY THE 2ND RESPONDENT EXT.P1(A4): TRUE COPY OF THE LETTER F.NO.A 2205/3/2004 ADL.III A DT.19.2.2004 ISSUED BY THE 2ND RESPONDENT EXT.P1(A5) LETTER F.NO.22015/19/2006-AD.III A DT.27.3.2009 ISSUED BY THE 2ND RESPONDENT EXT.P1(A6): TRUE COPY OF THE OM NO.22015/23/2011-AD.III DT.27.10.2011` EXT.P1(A7): TRUE COPY OF THE LETTER F.NKO.22015/23/2011-AD.III A DT.28.5.2014 ISSUED BY THE 2ND RESPONDENT EXT.P1(A8) TRUE COPY OF THE LETTER F.NO.22015/117/2016-AD.III.A DT.2.1.2017 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE GUIDELINES EXT.P1(A9): TRUE COPY OF THE RECRUITMENT RULES NOTIFIED ON 26.12.2016 EXT.P1(A11): TRUE COPY OF THE RECRUITMENT RULES CALLED " THE CENTRAL EXCISE AND CUSTOMS DEPARTMENT STENOGRAPHER GRADE II(GROUP C** _**OP(CAT).196, 197 & 198/18**_ 18 **POSTS)RETIREMENT RULES 2011** **EXT.P1(A12 TRUE COPY OF THE OM NO.A22015/117/2016AD.III DT.4.8.2017 ISSUED BY THE 2ND RESPONDENT EXT.P1(A13) TRUE COPY OF THE LETTER F.NO.8/II/39/HRD(11 RM-11)2018 DT.6.9.2018 EXT.P1(A14) TRUE COPY OF THE ESTABLISHMENT ORDER NO.47/2018 DT.3.10.2018 ISSUED BY THE CHIEF COMMISSIONER CHANDIGARH ZONE EXT.P1(A 15) TRUE COPY OF THE INTERIM ORDER DT.8.10.2018 IN O.A.NO.943/2018 EXHIBIT P2 TRUE COPY OF THE OP(CAT)NO.173/2018 DT.10.4.2019 EXHIBIT P3 TRUE COPY OF THE ORDER DT:26.7.2019 IN OA. NO.877/2018. EXHIBIT P4 A TRUE COPY OF ORDER F.NO.A.22015/22/2009AD.111A DATED 29/11/2011 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 A TRUE COPY OF ORDER DATED 15/11/2018 IN OA 101/2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH EXHIBIT P6 A TRUE COPY OF COMMUNICATION C.N.11/13/1/2019/CC(TZ)1 DATED 19/8/2019 EXHIBIT P7 A TRUE COPY OF ORDER NO.O.C.NO.127/2019 DATED 29/8/2019 ISSUED BY THE SUPERINTENDENT OF CENTRAL TAX AND CENTRAL EXCISE EXHIBIT P8 A TRUE COPY OF COMMUNICATION F.NO.A 32012/36/2019-AD.111-A DATED 9/9/2019 ISSUED BY THE 1ST RESPONDENT.** _**OP(CAT).196, 197 & 198/18**_ 19 ## **APPENDIX OF OP (CAT) 198/2019** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 PHOTO COPY OF ORIGINAL APPLICATION NO 864/2018** **EXHIBIT P1(A11) TRUE COPY OF THE CIRCULAR F NO A 22015/117/2016-AD.111 A DATED 20.9.2018 ISSUED BY THE 2ND RESPONDENT** **EXHIBIT P1(A1) TRUE COPY OF THE ORDER NO 112/2017 DATED 15.5.2017 ISSUED BY 4TH RESPONDENT** **EXHIBIT P1 (A2) TRUE COPY OF THE ORDER NO 175/2017 DATED 30.8.2017** **EXHIBIT P1 (A3) TRUE COPY OF THE RECRUITMENT RULES PUBLISHED ON 29.11.2002 IN THE GAZETTE OF INDIA** - **EXHIBIT P1(A4) TRUE COPY OF THE LETTER NO 6/97/57 ADMN 111 DATED 12.2.1958 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P1(A5) TRUE COPY OF THE LETTER F NO A 22015/3/2004 AD 111 A DATED 19.2.2004 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P1(A6) TRUE COPY OF THE LETTER F NO 22015/19/2006AD 111 A DATED 27.3.2009 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P1(A7) TRUE COPY OF THE OM NO 22015/23/2011-AD 111 A DATED 27.10.2011** - **EXHIBIT P1 (A8) TRUE COPY OF THE LETTER F NO 22015/23/2011AD 111 A DATED 28.5.2014 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P1(A9) TRUE COPY OF THE LETTER F NO A 22015/117/2016-AD 111 A DATED 2.1.2017 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE GUIDELINES** **EXHIBIT P1 (A10) TRUE COPY OF THE RECRUITMENT RULES NOTIFIED ON 26.12.2016** _**OP(CAT).196, 197 & 198/18**_ 20 **EXHIBIT P1(A12) TRUE COPY OF THE RECRUITMENT RULES CALLED THE CENTRAL EXCISE AND CUSTOMS DEPARTMENT STENOGRAPHER GRADE-11 (GROUP POSTS) RECRUITMENT RULES 2011** - **EXHIBIT P1(A13) TRUE COPY OF THE F NO A 22015/117/2016-AD 111A DATED 4.8.2017 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P1(A14) TRUE COPY OF THE LETTER F NO 8/11/39/HRD (11 RM-11) 2018 DATED 6.9.2018 ISSUED BY THE 2ND RESPONDENT** - **EXHIBIT P1(A15) TRUE COPY OF THE ESTABLISHMENT ORDER NO 47/2018 DATED 3.10.2018 ISSUED BY THE CHIEF COMMISSIONER CHANDIGARH ZONE** - **EXHIBIT P1(A16) TRUE COPY OF THE INTERIM ORDER DATED 8.10.2018 IN OA NO 943/2018** - **EXHIBIT P1(A17) TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD APPLICANT DATED 11.10.2018** - **EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS** - **EXHIBIT P2(R1) A TRUE COPY OF THE DOPT OM NO AB 14017/2/97-ESTT(RR)DATED 25.5.1998** - **EXHIBIT P2(R2) A TRUE COPY OF THE CENTRAL EXCISE AND LAND CUSTOMS DEPARTMENT INSPECTOR (GROUP C POSTS) RECRUITMENT RULES 2002** - **EXHIBIT P2(R3) A TRUE COPY OF THE CENTRAL EXCISE AND CUSTOMS COMMISSIONERATE INSPECTOR (CENTRAL EXCISE, PREVENTIVE OFFICER AND EXAMINER) GROUP B POSTS RECRUITMENT RULES ,2016** - **EXHIBIT P3 TRUE COPY OF THE OP(CAT)NO 173/2018 DATED 20.4.2019** - **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 26.7.2019 IN OA NO 864/2018** - **EXHIBIT P5 A TRUE COPY OF ORDER F.NO.A.22015/22/2009AD.IIIA DATED 29-11-2011 ISSUED BY THE 1ST RESPONDENT.** - **EXHIBIT P6 A TRUE COPY OF ORDER C NO.II/3/-21/2015** _**OP(CAT).196, 197 & 198/18**_ 21 ## **ESTT. DATED 05-04-2017 ISSUD BY PRINCIPAL COMMISSIONER.** **EXHIBIT P7 A TRUE COPY OF ORDER DATED 15-11-2018 IN OA 101/2018 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH.** **EXHIBIT P8 A TRUE COPY OF ORDER C.NO.II/13/1/2019/CC(TZ)1 DATED 19-08-2019.** **EXHIBIT P9 A TRUE COPY OF THE ORDER NO.C.NO.11/3/1/2019-ESTT. DATED 23-08-2019 ISSUED TO THE 2ND PETITIONER.** - **EXHIBIT P10 A TRUE COPY OF ORDER NO.C.NO.IV/16-6-2016 APPEALS EX-I DATED 29-08-2019 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER.** - **EXHIBIT P11 A TRUE COPY OF COMMUNICATION F.NO.A 32012/36/2019-AD.III-A DATED 09-09-2019 ISSUED BY THE 1ST RESPONDENT.** **EXHIBIT P32 A TRUE COPY OF APPLICATION FOR INFORMATION UNDER RTI SOUGHT BY ONE MS. SHILPA AND THE ANSWER GIVEN BY DOPT UNDER THE 1ST RESPONDENT** **EXHIBIT P33 A TRUE COPY OF ESTABLISHMENT ORDER NO. 177/2019 DATED 05-09-2019 ISSUED BY OFFICE OF PRINCIPAL CHIEF COMMISSIONER OF CENTRAL TAX AND CENTRAL EXCISE, BANGALORE ZONE.**