Denial of notional pay scale upgradation w.e.f. 01.01.1996 to Inspectors/Superintendents, when granted to comparable accounts cadres, violates Article 14 equality; uniform notional benefits mandated per precedents and anomaly committee.

O R D E R

Delivered by Justice Rajiv Joshi, Member (J)

Heard Shri Satish Sahu, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents and with the consent of learned counsel for the parties, the case is being disposed of at this stage itself.

2. The instant Original Application, under Section 19 of the Administrative Tribunals Act, 1985, has been filed by the applicants seeking following relief(s):-

“a) That this Hon'ble Tribunal be pleased to hold and declare that the applicants are entitled for upgradation of pay since 01.01.1996 with all consequential benefits and thereafter, be further pleased to issue a time bound order or direction in appropriate nature to concerned competent Authority/respondents to release the arrears of salary and other emoluments payable to the applicants as a consequence of the aforesaid upgradation of pay scale to the applicants along with interest at such rates as might be found just and reasonable in the facts and circumstances of the case.

b) That this Tribunal be pleased to issue an order or direction in an appropriate nature directing the concerned competent Authority/respondents to decide the representations of the applicants in a time bound manner.

c) That this Hon'ble Tribunal be pleased to grant such other relief, as the applicants might be found entitled to in the facts and circumstances of the case.

d) That this Hon'ble Tribunal be pleased to award the costs of this Original Application in favour of the applicants, throughout.”

3. The brief facts of the case, as reflected in the Original Application, are that the applicants in this case are retired from the post of Superintendent/Inspector in various offices/formations under the Central Board of Indirect Taxes & Customs (formerly known as Central Board of Excise & Customs), Department of Revenue, Ministry of Finance, Government of India.

4. As per the recommendations of the IVth and Vth Central Pay Commissions, certain pay scales were prescribed for these posts. However, the Government of India created the disparity in the pay- scale of category of Inspectors by granting the pay scale of Rs.6500- 10500 working in CBI/NCB but this benefit was not extended to Inspectors of Central Excise, Customs, or Income Tax departments.

5. Thereafter, vide Office Memorandum dated 21.04.2004, on being appraised of the disparity/anomaly, the Government of India enhanced the pay scales of similar placed posts/cadre in other department etc. notionally w.e.f. 01.01.1996 actually w.e.f. 18.02.2003 (the date of enhancement) stating therein that the revised pay scales shall take effect from the date of order i.e. 21.04.2004. However, the pay scales of similarly situated persons in Railway Accounts and Postal Accounts were enhanced notionally w.e.f. 01.01.1996.

6. The applicants are aggrieved by aforesaid decision and submitted similar officers in other departments, such as those in the organized accounts cadre and other comparable services, had their pay scales revised with effect from 1.1.1996. However, for CBIC officers, the revised pay scales were applied from 21.4.2004, without a notional effect back to 1996.

7. Learned counsel for the applicants relied on precedents where Central Administrative Tribunals (CAT) in Kolkata, Mumbai, and Principal Bench, Delhi granted relief in analogous cases. These cases determined that denying