Upgraded pay scales for Inspectors/Superintendents notionally effective from 01.01.1996 (5th CPC date), actually from 21.04.2004 order date, ensuring parity with other departments and correcting anomaly with arrears and pension benefits.

ORDER

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present Original Application filed under Section 19 of the Administrative Tribunals Act is directed against the letter dated 21.04.2004 to the extent it granted upgraded pay scale w.e.f. 21.04.2004 instead of 1.1.1996 on actual basis. Applicant has prayed for relief as under:

"i) That the impugned letter/OM. dated 21.04.2004 (Annexure A-1) to the extent it granted up-graded pay scale w.e.f. 21.04.2004 instead of 01.01.1996 on actual basis be quashed and set aside.

ii) That the impugned letter dated 25.07.2023(Annexure A-2 ) and office order dated 21.11.24(A—3) denying upgraded /enhanced pay scales to the superintendents and inspectors on actual basis w.e.f.1.1.1996 also be quashed and set aside.

iii) That it be declared that the applicant is entitled to pay scale of Rs. 6500- 10,500/- w.e.f. 1.1.1996 on actual basis as inspector ,to pay scale of Rs.7500-12000 w.e.f. the date of joining as superintendent (instead of from 21.04.2004) with all consequential benefits like arrears of pay/pension and allowances etc. at each stage/event during and after service as applicable to the applicant .

iv) That a direction be issued to the respondents to extend benefit of judgment rendered by the Hon ‘ble Principal Bench in OA. No. 763 of 2015, decided on 3.2.2022 , Judgment passed bv the Hon ‘ble Delhi High Court in WP. No. 1523/2016. decided on 18.12.2019. Judgment dated 3.1.25 in SLP.(C) D.No. 51350/2024(A-14), judgement dated 3.1.11(AnnexureA-15) ,9.9.24 in SLP(C) NO.2944/2024(Annexure A7 13) arising out of O.A.154/2015(A-11) and DBCWP 16035/2022(A-12) /W.P. 5096/2009 (A-15) SLP(C) NO. 26615/2011(A-16) r/W. R.P.(C)2636/2018 (A-17) and order dated 3.7.2025 in CA. NO. 577/2022 of Allahabad Tribunal(A-10) to the applicants and to pass order modifying last para of impugned order dated 21.04.2004 stating that orders shall take effect from 01.01.1996 on actual basis when the recommendations of 5Lh CPC became operational.

v) to direct the respondents to allow the applicant to have the benefit of, “option” for fixation purpose under para F.R. 22(1) (a),

vi) to direct the respondents to make payments of the differences in pay ,pension and applicable allowances resulting in increase as result of re- fixation w.e.f. 01.01.1996 as inspector and w.e.f.29.8.1997 as superintendent till the actual payment is made with interest thereon at the rate of 12% per annum.

vii) To direct the respondents to revise the pension, issue revised PPO and to pay the difference with interest along with other pensionary benefits as applicable to the applicant.

viii) Any appropriate direction this Hon’ble Tribunal deem fit.”

2. Factual matrix of the case is as follows. The applicant initially joined service in the respondent department as an Inspector on 30.10.1987, and promoted as Superintendent on 29.08.1997. The applicant retired on 31.07.2016 from CGST Commissionerate Ludhiana.

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. 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 C