Vikrant Nayak vs Chairman
2022 Latest Caselaw 5245 Cal

10.08.2022                             WPCT 21 of 2022
                                            with
Court       : 04                        CAN 1 of 2022
Item        : PB-16
Matter      : WPCT                           &
Status      : OP
Transcriber : nandy                     CAN 2 of 2022

                                         Vikrant Nayak
                                               Vs.
                                           Chairman,
                        Central Board of Indirect Tax & Customs & Ors.

                      Mr. Kallol Bose, Advocate
                      Mr. Saptarshi Banerjee, Advocate
                      Mr. Kuntal Banerjee, Advocate
                                                   ......for the Petitioner
                      Mr. K.K. Maity, Advocate
                      Mr. Abhradip Maity, Advocate
                                                ......for the Respondents

CAN 2 of 2022

This is an application at the behest of the writ- petitioners challenging the order dated February 18, 2021 passed by the Central Administrative Tribunal, Kolkata Bench in OA 259 of 2021.

It is averred in the instant application that the applicants were appointed as Tax Assistants way back in the year 2011 and subsequently a Cadre Restructuring and Reorganization of Field Formation was published by the respondent no. 6 for the Central Board of Excise and Customs wherein a combined cadre of Executive Assistant (Group-B) non-gazetted post was created taking a larger pool of the persons appointed as Tax Assistant and Rules in this regard was also framed. Subsequently, the challenge was made by some of the persons before the Tribunal to the aforesaid decision of the authority and an interim

order is passed forestalling all the actions to be taken in this regard.

Admittedly, the applicants were not made party before the Tribunal. The impugned order has impacted immensely upon their claim and, therefore, can be said to be an aggrieved person. Since the Tribunal is acting as a Court of first instance in view of the judgment rendered by Apex Court in L. Chandra Kumar Vs. Union of India & Ors. reported (1997) 3 SCC 261, the writ-petition filed before this Court at the behest of a non-party is otherwise maintainable subject to the leave being granted to them.

Since the petitioners appear to have been affected by the impugned order and comes within the ambit of the expression 'aggrieved persons', we do not find any grounds denying such leave to be granted.

Accordingly, the application being CAN 2 of 2022 is allowed.

The applicants have been permitted to proceed with the instant writ-petition.

Let the writ-petition be listed next Wednesday i.e. August 17, 2022.

(Harish Tandon, J.)

(Shampa Dutt (Paul), J.)