Denial of updated pay scales to similarly situated employees violates constitutional equality, mandating uniform benefits based on judicial precedents.

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:-

a) To quash and set aside impugned letter No.F.No.A-26017/65/2003-Ad.IIA dated 25.07.2023 issued by the respondent No.3 communicating denial of effect of OM No.F.No.6/37/98-IC dtd 21/04/2004 w.e.f. 01.01.1996;

b) May quash and set aside the OM dated 21.04.2004 to the extent it grants upgraded pay scale w.e.f. 1.1.1996;

c) To direct the respondents to extend the benefit of judgments relied upon and to grant upgraded pay scale w.e.f. 01.01.1996 on actual basis since 5^th CPC became operational;

d) To direct the respondents to disburse the arrear amount with interest accrued upon the revised pay w.e.f. 01.01.1996;

e) May pass such other order for the grant of relief to the applicants which it may deem fit in the peculiar facts and circumstances of the case.”

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

(a) The applicants herein worked as Inspectors and Superintendents under the respondents. Some of them were promoted to the posts of Executive Officers including the post of Assistant Commissioners of Central Excise (now Central GST) and Customs working under the Central Board of Indirect Tax and Customs (CBSC). According to the applicants, they were denied the benefits of enhanced pay scales notionally w.e.f. 01.01.1996 and actually w.e.f. 21.04.2004, which were granted to the Income Tax Officers of Income Tax Department as well as the holders of the equivalent posts.

(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) and directed to grant pay scale of Rs.1640-2