Employee entitlements to upgraded pay scales must be recognized from an earlier date when governmental anomalies exist, ensuring parity among similarly situated employees.

ORDER

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present Original Application filed u/s 19 of the Administrative Tribunals Act is directed against O.M. dated 21.04.2004 (Annexure A-1) issued by Respondent No. 2 revising the pay scales of the posts of CBEC under Department of Revenue w.e.f. 21.04.2004 instead of 01.01.1996. Applicants have prayed for relief as under:

“i) That the complete record of the case be called for;

ii) That Annexure A-1 dated 21.04.2004 to the extent it grants benefit of upgraded Pay Scale w.e.f. 21.04.2004 be quashed and set aside.

iii) That the respondents be directed to extend the benefit of Judgments ANNEXURE A-2 to A-4, A-6 & A-7 to the applicants and to grant them upgraded Pay Scale w.e.f. 01.01.1996 on actual basis when the recommendations of 5th CPC became operational.

iv) To direct the respondents to allow the applicants to have the benefit of option for fixation purpose under F.R 22 (1) (a).

v) To direct the to grant the respondents difference in payment resulting in increased as result of re-fixation w.e.f. 01.01.1996 till the date of payment with interest thereon at the rate of 12% per annum.

vi) That the applicants be held entitled to revised pensionary benefits from due dates along with interest.

vii) This Hon'ble Tribunal may also pass any other order for the grant of relief to the applicants which it may deem fit in the peculiar facts and circumstances of the case.

viii) That the cost of the application may also be awarded in favour of the applicants.”

2. Facts of the case in brief are as follows. The applicants joined service as Inspectors with the respondent department w.e.f. 30.10.1982, 30.03.1992 and 18.12.1981 respectively, and were subsequently promoted to the post of Superintendent on 31.07.2000, 01.05.2012 and 29.08.1997 respectively. Applicant Nos. 1 and 2 retired 3 from service w.e.f. 31.03.2012 and 30.04.2014 respectively, while Applicant No. 3 expired on 25.08.2012 during service.

3. Prior to the 5 Central Pay Commission (CPC), the Inspectors and Superintendents working in the respondent department were granted the pay scales of Rs. 1640-2900/- and Rs. 2000-3500/- respectively as per 4% CPC recommendations. The 5" CPC recommended the pay scale of Rs. 5500-9000/- and Rs. 6500-10500/- for Inspectors and Superintendents respectively w.e.f. 01.01.1996. Vide impugned O.M. dated 21.04.2004 (Annexure A-1), the pay scales in the cadre of Inspectors and Superintendents were revised to Rs. 6500-10500/- and Rs. 7500-12000/- respectively w.e.f. 21.04.2004 in both CBDT (Income Tax) and CBEC (excise and Customs).

4. The ministries, including the Ministry of Railways, Ministry of Finance, Divisional Accounts in Indian Audit and Accounts Department, Ministry of Personnel, PG and Pension granted higher Pay Scales based on the same anomaly which was created by the 5" CPC notionally w.e.f. 01.01.1996 and actually w.e.f. dates stated in the respective orders. In the case of the applicants, the benefit of higher pay scale has been granted only w.e.f. 21.04.2004.

5. The applicants contend that the similar treatment was not given by the government to Central Excise Superintendents, or Superintendents of Customs (Preventive), Appraisers and Income Tax Officers. The main contention of the applicants is that whereas in other departments the upgradation of pay scales was given w.e.f. 01.01.1996, the applicants are also entitled to the same benefit. The applicants have cited judicial precedents whereby similarly situated persons have been granted the relief sought by the applicant, particularly the case filed by The All India Postal Accounts Employees Association in O.A. N