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TMI Blog2020 (1) TMI 1462X X X X Extracts X X X X X X X X Extracts X X X X ..... d the right to sanction posts as it deemed fit - requirement for fulfilment of trading parameters - HELD THAT:- The introduction of this additional classification is arbitrary and has no nexus with any object which may be sought to be achieved. In the circumstances, petition is allowed, the respondents are directed to remove this arbitrary and then consider the case of the petitioner for waiver o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up a Container Freight Station (in short CFS) at Ludhiana (Punjab) in the year 1997 as per (Annexure P-1). In the year, 2005 respondent No.1 addressed a letter dated 12.09.2005 (Annexure P-2) which is quoted herein below in entirety:- Subject: Cost Recovery posts in respect of customs staff posted in ICD's/CFS's regarding: I am directed to bring to your kind attention that to consi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de information as per enclosure in respect of ICDs/CFSs falling under your. It may also be ensured that in respect of ICDs/CFSs for which regularization of posts are suggested no cost recovery charges are under dispute or pending payment as on 31.08.2005. 4. Member Custom has desired that information may be submitted by 19.09.2005 by return fax. 3. The claim of the petitioner is that it ful ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the particular posts would be discriminatory and arbitrary. The benefit of waiver of cost recovery charges is obviously intended for such entities which fulfill and rather exceed the bench mark for trading and if the arguments of Union of India were to be accepted, it could result to the position where despite having fulfilled all the essential trading parameters an entity may be denied the benef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the trading parameters. 7. In our considered opinion, the introduction of this additional classification is arbitrary and has no nexus with any object which may be sought to be achieved. In the circumstances, petition is allowed, the respondents are directed to remove this arbitrary and then consider the case of the petitioner for waiver of cost recovery charges and consequently refund if calle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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