CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/01123 of 2023 DATED THURSDAY, THE 18^th DAY OF SEPTEMBER, TWO THOUSAND AND TWENTY FIVE CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

1. Selwyn Vasanthakumar, S/o. P.S Swamidason aged 69 years, Superintendent of C. Ex., & GST (Retired), Chennai South Commissionerate, R/o No. 3, First School Street, Chathiram area, Pattabiram post, Chennai 600072

2. Sivaraman. C S/o: T. M. Chilling doss, aged 64 years, Superintendent of C.Ex., & GST (Retd).

Chennai Outer Commissionerate R/o No. 197/1, 8^th street, Shanthi Nagar, Palayamkottai, Tirunelveli-02

3. S. Vijayakumar, S/o. G. Subbaroyan, aged 64 years Superintendent of C.Ex & GST (Retd), Pondicherry Commissionerate, Pondicherry No. 18, seventh cross, Tagore nagar, Lawspet, Puducherry 605008. .....Applicants (Advocate: M/s. Dr. K. Manoharan )

Versus Union of India, Represented by the Principal Chief Commissioner of GST & Central Excise, Tamilnadu & Pondicherry, No.21/6, Uthamar Gandhi Salai, Nungambakkam Road, Chennai 600 034.

....Respondents (Advocate: Mr. Su. Srinivasan, Sr. CGSC)

O R AL O R D E R (Hon'ble Ms. Veena Kothavale, Member(J)

The three applicants have joined together in this OA and pray for a direction to the respondent to grant the benefit of grade pay of Rs.5400 in PB-2 for non- functional basis after four years of service in the grade pay of Rs. 4800 in PB-2 with all consequential and pensionary benefits.

2. The first applicant submits that he joined the Department as Inspector of Central Excise (Direct Recruit) on 12/09/1988. On completion of 12 years, he was granted financial upgradation under ACP Scheme and was placed in the pay scale of Rs.6500–200–10500 w.e.f. 12/09/2000 which was the pay scale of Superintendent. The pay of Superintendent which was upgraded to Rs.7500-250-12000 w.e.f. 21/04/2004 was adopted for all Inspector of Central Excise (ACP) with effect from 21/04/2004. The applicant was granted pay scale of Rs.7500-250-12000 w.e.f. 01/09/2004 under pay fixation order dated 10/08/2004. Therefore, he claims that he is entitled for GP of Rs.5400, but was granted GP of Rs.5400 under MACP scheme after completion of 20 years of service w.e.f 12/09/2008.

3. The second applicant submits that he was granted financial upgradation under ACP Scheme and was placed in the grade pay of Rs.4800 in pre-revised pay scale of 7500-120-12000 w.e.f. 01/09/2008. Therefore, he claims that he is entitled for GP of Rs.5400 w.e.f. 01/09/2012 after completion of 4 years, but was granted w.e.f.

02/07/2013.

4. The third applicant submits that he joined the Department as Inspector of Central Excise and was granted financial upgradation under ACP Scheme in the pay scale of Rs.6500–200–10500 w.e.f. 01/10/1999. Third MACP was granted to him w.e.f. 01/09/2008 in the scale of PB-2 (9300-34800) + Grade Pay of Rs.4800/- (pre- revised pay scale of Rs.7500-250-12000. He was promoted to the post of Superintendent on 02/07/2009 with pay in the scale of PB-2 (9300-34800) + Grade Pay of Rs.4800/- (pre-revised pay scale of Rs.7500-250-12000. He was granted NFUG in the scale of PB-2 (9300-34800) + Grade Pay of Rs.5400/- w.e.f. 02/07/2013. Therefore, he claims that after completion of 4 years, he is entitled for GP of Rs.5400, but was granted GP of Rs.5400 under MACP scheme after completion of 30 years of service w.e.f 07/10/2015.

5. The applicants submit that initially, Inspector of Central Excise was in the pay scale of Rs.5500-175-9000 (upto 20.04.2004). The next promotional post Superintendent of Central Excise was in the pay scale of Rs.6500-200-10500 (upto 20.04.2004). After resolving the pay anomaly, the above said scales were upgraded to Rs.6500-10500 and Rs.7500-12000 with effect from 21.04.2004, for the Inspectors of C. Excise and the Superintendents respectively. Thus, the with effect from 2004, the pay scale of Inspector of Central Excise (ACP) was upgraded to the pay scale of Rs.7500-12000 of the Superintende