Employees similarly situated must receive equitable treatment regarding pay fixation as per Article 14, emphasizing uniform application of benefits.

ORDER

Urmita Datta (Sen), Judicial Member:

The applicants have preferred this O.A. under Section 19 of Administrative Tribunals Act, 1985 seeking the following reliefs:

i) Declare the action of the respondents in giving the benefit of the replacement scales for Commissioners/ Superintendents Central Exercise/Superintendents of Customs/Appraisers, with effect from 21.04.2004, and not with effect from 01.01.1996, vide Office Memorandum No.F.No.6/37/98-IC dated 21.04.2004 (Annexure A-01) as arbitrary, discriminatory and thus illegal;

ii) Direct the Respondents to pay to the applicant Assistant Commissioners, Deputy Commissioners, Superintendent of Central Excise/Superintendents of Customs/Appraisers under Department of Revenue of Ministry of Finance replacement scale(s) viz. Rs. 6500 x 10,500 & Rs.7,500-Rs.12,000/- on notional basis from 01.01.1996 and actual basis w.e.f.21.04.2004 with all consequential benefits as made vide F.No.C-18011/ASHIS CHAKRABORTY/2009 VNL/4743, dated 22.09.2023 including arrears of pay within a specified time limit;

iii) Direct the respondents to pay interest @ 12% per annum on the arrears on account of revision of pay;

iv) Quash and or set aside Respondent No.3/competent authority’s letters dated 12.02.2024 and 11.01.2024;

v) Pass such other direction or directions order or orders as this Hon’ble Tribunal may deem fit and proper to meet the ends of justice.”

2. Brief facts of this case are as under:-

(a) The applicants were appointed mostly as Inspectors of Customs on different dates prior to 01.01.1996 in the then existing scale of pay of Rs.1640-Rs.2900 which was subsequently revised to Rs.2000- 3200 and thereafter to Rs.5500-9000 (as per recommendation of Vth CPC). Subsequently they were promoted to the posts of Superintendent w.e.f. 01.04.2003, 28.02.2006 and 12.12.2002 respectively on notional basis and all of them were further elevated to the posts of Assistant Commissioner.

(b) After implementation of the Vth CPC w.e.f. 01.01.1996, parity between the Inspectors of CBI/IB and the Inspectors of Central Excise & Customs which had existed till the time of IVth CPC was disrupted and it significantly affected all the promotional posts in the hierarchy viz. Superintendents and Assistant Commissioners in the matter of scale of pay.

(c) The pay scale of the Inspectors in the Department prior to 1996 was on par with similar posts in the organized Accounts Department i.e, Senior Accounts Officer, Comptroller & Auditor General Department, Divisional Accountant, Labour Department, Section Officer, Central Secretariat Staff (CSS) Department, Assistant Grade, Railway Department, Accounts Staff, Income Tax Department, which were classified as Grade-C Non-Gazetted prior to 1996.

(d) Pursuant to the Vth Central Pay Commission in the year 1996, all the posts similar to the posts of Inspector of Central Excise & Customs Department were placed in the pay scale of Rs.5500-175- 9000/- as a result of which the parity between the Inspectors of CBI/IB and the Inspectors of Central Excise and Customs which had existed prior to 01.01.1996 was disrupted and it significantly affected all the promotional posts in the hierarchy viz. Superintendents and Assistant Commissioners in the matter of scale of pay.

(e) All India Federation of Central Excise Officers Association had filed O.A.No.45 of 1992 and O.A.No. 63 of 1997 before the Guwahati Bench of this Tribunal seeking payment of revised pay scales. The Central Administrative Tribunal, Guwahati Bench vide orders dated 19.01.2001 in O.A.No.45 of 1992 and O.A.No. 63 of 1997 held that there was hostile discrimination in pay scales between the posts of Senior Auditors in IA & AD Department and the Assistants of Central Secretariat Staff (CSS)