IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1423 of 2009 1. UMESH KUMAR SINGH S/O SRI VISHWANATH SINGH, RESIDING AT RAHMARI APARTMENT, NORTH S.K.PURI,PATNA 2. R.K. THAKUR S/O SHRI KAPIL DEV THAKUR, RESIDENT OF CENTRAL REVENUE COLONY, ASHIANA ROAD, PATNA-25 3. SANJAY KUMAR MISHRA S/O SRI KRISHNA NAND MISHRA, RESIDENT OF ROAD NO.-25, RAJIV NAGAR, PATNA-24 4. SANJAY KUAMR SHUKLA S/O SRI M.N. SHUKLA, RESIDENT OF SHUKLA NIKETAN, SHIVAJI PATH, YARPUR, PATNA 5. KUMAR SHIVAM S/O SRI N.N. SINHA, RESIDENT OF NEAR ST. LOUISE PUBLIC SCHOOL, C.D.A. COLONY, NORTH SHASHTRI NAGAR, PATNA-23 6. SADANAND SINGH S/O SHRI BRAJNANDAN SINGH, RESIDENT OF VILLAGE PAKARIA, P.S. AKAUNA, DISTRICT NAWADAH …..PETITIONERS. Versus 1. UNION OF INDIA THROUGH THE REVENUE SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, NEW DELHI 2. CENTRAL EXCISE & CUSTOMS BOARD THROUGH ITS CHAIRMAN, GOVERNMENT OF INDIA, MINISTRY OF FINANCE, NEW DELHI 3. UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI 4. THE COMMISSIONER, CENTRAL EXCISE, PATNA 5. THE ADDITIONAL COMMISSIONER (P & V), CENTRAL EXCISE, PATNA 6. DINESH KUMAR S/O SHRI C.P. SINGH, BUDHA COLONY, PATNA 800001 7. SUSHIL KUMAR SINHA S/0 LATE SHEO KUMAR NARAYAN SINHA, RESIDENT OF 146, BARI BAZAR, MUNGER 8. NIRAJ NAYAN PRAKASH S/O OM PRAKASH ARYA,RESIDENT OF PROFESSORS COLONY, NEW YARPUR, PATNA ……..RESPONDENTS. ----------- For the Petitioners : Mr. Chitranjan Sinha, Senior Advocate Mr. Amit Prakash, Advocate For Respondent No.1 : Mr. Sudhir Singh, Assistant Solicitor General Mr. Sarvadeo Singh, C.G.C. For Respondent Nos.4 to 5 : Mr. Vikash Kumar, A.C. to Advocate General. ----------- 2. 17.02.2009 This application has been filed for quashing the order dated 18th of July, 2008 passed by the Patna Bench of the Central Administrative Tribunal in O.A.No.601 of 2002 dismissing the application filed by the petitioners. 2 Short facts giving rise to the present application are that the petitioners are Group „C‟ Officers and at their request they were transferred from one Collectorate to another Collectorate. Services rendered by them in the earlier Collectorate was prayed to be counted for the purpose of seniority and other purposes. When they did not succeed, approached the Central Administrative Tribunal (hereinafter referred to as the „Tribunal‟) for the redressal of their grievance. It was contended that as they were transferred within three years of the joining from one Collectorate to another, in view of letter of the Central Board of Excise and Customs (hereinafter referred to as the „Board‟) dated 12.2.1958, same will not entail loss of seniority. This submission did not find favour with the Tribunal. For that the Tribunal had referred to the decision of the Central Board of Excise and Customs dated 20th of May, 1980. Mr. Chitranjan Sinha, Senior Advocate, appearing on behalf of the petitioners contends that letter of the Board dated 20th of May, 1980 does not supersede the earlier decision of the Board dated 12th of February, 1958 and as such the Tribunal erred in dismissing the application. We do not find any substance in the submission of Mr. Sinha. Letter dated 20th of May, 1980 (Annexure 3) provides for inter Collectorate transfer of Group „C‟ Officers. Clause (ii) thereof, which is relevant for the purpose, reads as follows : “(ii) The transferees will not be entitled to 3 count the service rendered by him in the former Collectorate for the purpose of seniority in the new charge. In this words, he will be treated as a new entrants in the Collectorate to which he is transferred and will be placed at the bottom of the concerned cadre in the new charge.” Undisputedly petitioners were transferred after the aforesaid decision. We are of the opinion that the case of the petitioners is covered by the aforesaid clause of the decision of the Board and the petitioners‟ reliance on an earlier decision of the Board dated 12.2.1958 is absolutely misconceived. We do not find any merit in the application and it is dismissed in limine. Narendra/ (Chandramauli Kr. Prasad, ACJ.) (Dharnidhar Jha, J. )