S. OSBORNE KHARJANA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners being aggrieved by the impugned notification No. 13/2017 Central Excise (N.T) dated 09.06.2017 and impugned Circular No. C. No. II (39) 04/ET/CCO/SH/2019, dated 20.02.2019 issued by the Joint Commissioner, Office of the Chief Commissioner, Goods and Services Tax and Customs, Guwahati Zone, Shillong directing for the shifting of the Chief Commissioner 's Office (CCO) from Shillong to Guwahati, have assailed the same by way of this instant writ petition. The pleaded case of the petitioners is that the notification and circular are in violation of the Central Excise Rules, 2002 and against the mandate prescribed therein, thus prejudicial to the petitioners, who are the employees of the said office, with many of whom are on the verge of superannuation.

(2.) Mr. P. Shome, learned counsel for the petitioners submits that the petitioners although presently posted in different departments of the Chief Commissioner 's Office, are essentially the employees under the Chief Commissioner 's Office, Shillong which is the parent body and cadre controlling authority and the posts held by the present petitioners are interchangeable from time to time. As such, the impugned decision of the respondents in shifting the Chief Commissioner Office from Shillong to Guwahati would adversely affect the petitioners and other employees ' en-masse, besides amounting to changing the terms and conditions of appointment of the petitioners.

(3.) The learned counsel also submits that the impugned action of the respondents in taking a decision to shift the office of the Chief Commissioner, Central Excise and Service Tax from Shillong to Guwahati is not in accordance with the proposal approved by the competent authority and Finance Ministry. He further submits that in the absence of any proposal supporting the decision of the respondent, the respondents could not have issued the impugned Notification dated 09.06.2017 and the impugned Circular dated 20.02.2019, directing for shifting of the Chief Commissioner Office from Shillong to Guwahati.