Misc. Application No. 35/2001

 in O.A. No. 102/2001


Wednesday the Seventeenth day of January, Two Thousand one




The Hon’ble Mr. Justice S.S.Subramani, Vice Chairman


The Hon’ble Mr. S.Bapu, Administrative Member.


Central Excise Ministerial Officers, Association Coimbatore Central Excise Commissionerate rep. by G.Radhakrishnan General Secretary 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641 018

 2.   M.P. Sakthivel S/o. Shri M.Ponnusamy Upper Division Clerk, O/o. Assistant Commissioner of Central Excise, Coimbatore II Division 6/7 A.T.D. Street Race Course Road,

Coimbatore 641 108                                                                            

 : Applicants


rep. by    M/s. Akbar  Row

                        V.Babu                             : Counsel for the applicants.



1.        Union of India rep. by the

Chairman, Central Board

Excise and Customs

North Block New Delhi – 110 001

2.        The Secretary Central

Board of Excise and Customs

North Block, New Delhi 110 001

3.        The Commissioner of Central

Excise Chennai I Commissionerate

1/25 Mahatma Gandhi Road,

Nungambakka, Chennai – 600 034                             : Respondents.


rep. by Mr. V. Vaithiyalingam   :    Counsel for the respondents.


ORDER : Pronounced by the Hon’ble Mr. Justice S.S.Subramani

                 vice Chairman. 

M.A. No. 35/2000 has been filed by the  applicants seeking leave to join in a single application.         We have perused  the affidavit filed in support of the  M.A. Sufficient reasons have been shown for granting the  above relief.  M.A. is allowed.  Registry is directed to number the O.A.

                            2.      It is the case of the applicants that  10% UDCs in the Central Excise Department which is        accorded with special pay.  The above 10% UDCs are assigned duties of arduous and complex nature.   The   post of Special Pay UDCs exist in all the sub-ordinate  non- secretariat offices of the department of Government   of India.

                      3.  The 5th Central Pay Commission which had  Gone into the modalities of various posts in the Government  had in their recommendations sought for upgradation of these   special  pay UDC posts to the level of Assistants and fixation  of appropriate pay structure.  It is stated that the   5th Central Pay Commission had recommended the pay scale for       Special Pay UDCs as Rs. 5000-8000.  It is stated that   the Department of  Expenditure had ordered the implementation of  the said recommendations of the 5th Central Pay   Commission on 30.9.97 and the 10% Special Pay UDCs  posts was designated as Assistants.  This was communicated to all the Heads of Departments.

                        4.  The applicants based on the above   recommendations wanted the implementation  of the   pay scale of Rs.5000-8000 to the 10% Special Pay UDCs.  The Department of Revenue, Ministry of Finance issued      circulars on 12.4.99 in this regard in respect of non-secretariat administrative officers.  However, the same                 has not been implemented - is their grievance.

                       5.  It is seen from the application that  the applicants moved various representations and one  such representation is  dated 27.5.99.  On 10.5.99, the  3rd respondent wrote a letter to the Joint Secretary          (Administration) Central Board of Excise and Customs  New Delhi, wherein para 3 reads as under. 

                             " Further in paragraph (b) of the OM it has been  stated that  a sanction may be issued to   create addition post of Assistants equal to the  number of 10% identified post carrying special   pay .  .  "

                            It is further stated that all the Heads of Department are  empowered to issue the sanction.  The learned counsel  for the applicants submitted that the above sanction  has not been implemented and therefore the applicants have submitted a representation on 27.5.99. A further  representation was also made on 5.10.2000 and also on 4.12.2000.  The above representations have not been replied  so far.  Hence the applicants are before us with the above prayer.

                       6.       We heard the learned counsel for the  applicants and perused the applications.  We are of the       view that interest of justice would be met if the respondents are directed to dispose of the representations within a  stipulated time.

                       7.      In view of the above position,  the respondents are directed to dispose of the  representations submitted by the applicants and while disposing of the same, the respondents are  directed to take note of the letter written by the 3rd respondent on 10.05.99 and pass final orders within a period of six weeks from the date of receipt of a copy of this order.  The applicants may also get a copy of this order and submit the same to the respondents  along with a copy of the O.A. and its annexures for an early disposal.  O.A. is disposed of as above. 

                        8.      In view of the limited direction we  have given we have directed Mr. V. Vaithiyalingam to notice on behalf of the respondents and we do hope  that the learned counsel cannot possibly have any serious objection for such a disposal.

                                       True Copy     

                                                                                                                                                 -Sd-                                                                                                                                                                                                                               Deputy Registrar.