Retired officers of the Central Board of Indirect Taxes are entitled to enhanced pay scales and benefits from 01.01.1996 due to discriminatory practices, reaffirming the importance of maintaining parity across government departments.

ORDER

Justice K.Haripal, Judicial Member

Since common questions were raised for consideration, all these Original Applications were clubbed, heard together and are being disposed of by this common order. O.A.596/2023 is taken as the lead case. Unless otherwise stated, reference will be made about the documents produced in this O.A.

2. Applicants are either serving or retired officers in the cadre of Inspector, Superintendent, Assistant Commissioner, Deputy Commissioner, Joint Director and similar cadre or their successors in interest in the Central Board of Indirect Taxes and Customs under the Ministry of Finance, Department of Revenue.

3. In O.A.596/2023, 102 officers who retired from the cadre of Inspector/Superintendent/Assistant Commissioner/Deputy Commissioner have joined together in assailing Annexures-A4 and A5 documents and for quashing the same to the extent it implement enhanced revised pay scale with effect from 21.04.2004; they also seek to quash Annexure-A16 order dated 25.07.2023 besides Annexures-A17(a) to A17(g) communications rejecting the individual representations through which they had sought to grant enhanced pay scales from 01.01.1996. They also seek a declaration that they are entitled to get enhanced revised pay as per Annexures-A4 and A5 with effect from 01.01.1996 and for directing the respondents to grant enhanced revised pay and consequential benefits. The applicants had commenced service in the cadre of Inspector of Central excise during 1974-2002.

4. In O.A.570/2023, 50 retired officers in the cadre of Superintendent/Assistant Commissioner/Deputy Commissioner have joined together seeking similar reliefs. They had started as Inspector between 1978 and 1997. In O.A.582/2023, 81 officers retired from the cadre of Inspector/Appraiser/Superintendent/ Assistant Commissioner, who had commenced service as Inspectors during the period 1978-2002, have sought the benefit of enhanced pay from 01.01.1996 instead of 21.04.2004. Applicants in O.A.622/2023 are 65 in number, who are all serving officers in the cadre of Inspector/Superintendent/Assistant Commissioner/Deputy Commissioner, who had commenced service during 1986-2003.

5. Similarly, eight serving Assistant Commissioners have joined together in O.A.6/2024 seeking similar reliefs. They had commenced service as Inspector between 06.05.1994 and 07.11.1994. In O.A.24/2024, 15 persons who are either serving or retired Superintendents/Assistant Commissioners have moved the Tribunal seeking identical reliefs. They had started service as Inspector/Preventive Officer between 1986-2002. 7^th applicant passed away during the pendency of the O.A. and his legal heirs have joined as additional applicant Nos.16-18.

6. In O.A.27/2024, 24 serving officers have joined together who are either Superintendents or Assistant Commissioners or Deputy Commissioners. They had started career as Inspector between 1987 and 1996.

7. In O.A.41/2024, 31 serving officers in the cadre of Inspector/ Superintendent/Assistant Commissioner/Joint Commissioner have moved together seeking the self-same reliefs. They had commenced service as Inspector between 1986 and 2002.

8. In O.A.79/2024, 21 persons who are family pensioners of retired Superintendents/Appraisers/Assistant Commissioners have moved together seeking the very same reliefs as their successors in interest. Their predecessors had commenced service between 1975 and 2002.

9. In O.A.139/2024, there are 26 applicants; some of them are still working in the cadre of Preventive Officer/Inspector/Superintendent/Assistant Commissioner, who commenced service between 1986 and 2003; some of them have retired; one of them is a family pens