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CENTRAL ADMINISTRATIVE TRIBUNAL
Mrs. Urmita Datta Sen, J, Mr. Anindo Majumdar, A
Gopal Chandra Dey – Appellant
Versus
The Union of India, service through the Secretary, Department of Revenue, Ministry of Finance, Govt. of India, North Block, New Delhi-110001 – Respondent
| Table of Content |
|---|
| 1. claim for notional pay fixation. (Para 1 , 2) |
| 2. arguments against the claims based on delay and lack of action. (Para 3 , 5 , 6 , 10) |
| 3. court's observation on pay parity principles. (Para 4 , 12 , 13) |
| 4. ratio affirming equal treatment under law. (Para 11) |
| 5. conclusion quashing previous order and directing benefits. (Para 15 , 16) |
ORDER
Urmita Datta Sen, Judicial Member
The applicant has preferred this O.A. under Section 19 of the 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 Inspectors, Superintendents/Appraisers/Assistant Commissioners of Customs/Central Exercise (all retired) 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 a
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