Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 3543

CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, Judicial Member, M.L. Srivastava, Administrative Member
B. Mohan – Appellant
Versus
Union of India – Respondent
OA

Advocates:
For the Appellants/Petitioners: M/s P. Ayyamperumal
For the Respondents: Mr. Su.Srinivasan, SCGSC

Similarly situated central government employees entitled to notional revised pay scales w.e.f. 01.01.1996 under 5th CPC with actual benefits from 21.04.2004, based on parity, in rem judicial precedents, and anomaly rectification overriding delay objections.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 21 - 5th Central Pay Commission - Revised pay scales for Inspectors/Preventive Officers/Customs Examiners (Rs.6500-10500) and Superintendents/Appraisers (Rs.7500-12000) - Upgradation effective from 21.04.2004 instead of 01.01.1996 - Applicant sought quashing of orders limiting benefits from 21.04.2004 and directions for notional fixation from 01.01.1996 with arrears and 18% interest - Tribunal held employees similarly situated to those in CBDT/CBIC entitled to parity under Article 14 - Judgments granting benefits in rem applicable to all similarly placed - Delay/laches not bar as pay fixation recurring cause of action - Special Anomaly Committee recommendations implemented retrospectively - Directed notional pay fixation w.e.f. 01.01.1996 and actual monetary benefits from 21.04.2004. (Paras 21, 34, 38-40)

(B) Service Law - Pay parity and anomaly rectification - Similarly situated employees across departments under common cadre must receive uniform treatment - Prior judicial orders and government letters implementing enhanced scales binding on department - Fence-sitters entitled to benefits post finality of precedents without separate condonation of delay. (Paras 32-33)

(C) Limitation - Section 21 ATA - No fresh cause of action from subsequent judgments; however, recurring pay fixation and implementation of anomaly committee reports post-2023 extend equity to late claimants. (Paras 30-31)

Facts of the case:
Applicant, joined as Customs Examiner pre-1996, promoted to Appraiser and higher posts, challenged office memoranda fixing revised pay scales effective from 21.04.2004 instead of 01.01.1996 per 5th CPC - Relied on Tribunal/High Court/Supreme Court orders and government letters granting similar reliefs to others - Respondents opposed on grounds of delay, laches, in personam nature of prior judgments and policy finality.

Findings of Court:
Impugned orders set aside - Pay refixation directed notionally w.e.f. 01.01.1996 per CCS (Revised Pay) Rules, 1997; actual monetary benefits from 21.04.2004 with consequential benefits within two months.

Issues: Entitlement to revised pay scales w.e.f. 01.01.1996 vs. 21.04.2004; applicability of prior judgments to non-parties; impact of delay/laches; parity between departments.

Ratio Decidendi: Denial of retrospective pay benefits to similarly situated employees violates Article 14 - Judicial precedents and anomaly committee decisions operate in rem - Recurring pay fixation overrides limitation bars for equity.

Result: OA allowed.

Table of Content
1. applicant's career progression and pay scale history pre/post-5th cpc. (Para 2)
2. precedents mandate pay upgrade from 01.01.1996 for parity. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. oa barred by limitation; fence-sitters cannot claim parity. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19)
4. historical litigation led to anomaly committee recommendations. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
5. judgments in rem require uniform benefits for similarly situated employees. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37)
6. notional pay fixation from 1996, actual benefits from 2004. (Para 38 , 39 , 40 , 41)

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

The applicant has filed the OA seeking the following relief:

“A) ….To call for records and proceedings of the case which led to the passing of the orders i.e (I) Office Memorandum in File No.6/37/98-IC dated 21.04.2004 ie Annexure -A1 and (ii) Office Memorandum in File No.2-26017/65/2003-Ad.II- A(Pt) dated 11.05.2004 i.e Annexure A.2 its subsequent (latest) Office Memorandum in File No. A.26017/65/2003-Ad.II-A(Pt)25.07.2023i.e Annexure A3, (iii)against the speaking order dated 12.08.2025 (Issued F.No.GCCO/II/24/51/2025-CAO- O/o PrCC-CGST-Zone-Chennai) of the 4^th respondent (Annexure A-5) and after going though their propriety, legality and constitutional validity be pleased o quash and set aside the same only to the extent it makes the revised pay scale effective from 21.04.2004 instead of 01.01.1996, with further directions to the respondents to grant the benefit of revised scale/grade w.e.f. 01.01.1996 with appropriate pay fixation and actual benefit i.e. grant of Rs.6500-10500 w.e.f. 01.01.1996 to the Customs Examiner(Applicant) and Rs.7500-12000/- wef 01.01.1996 to Appraiser (applicant) along with actual arrears of pay with 18% interest thereon.

B) To hold and declare that the impugned action of the respondents to revise and pay scale from 21.04.2004 (Annexure-A1) is absolutely arbitrary and illegal and accordingly hold, declare and direct the respondents that the Inspector/Customs Examiner and Superintendent/Appraisers are entitled to the revised pay scales of Rs.6500-10500 w.e.f.01.01.1996 to Inspector and Rs.7500-12000/- w.e.f. 01.01.1996 to Superintendent/Appraiser with all consequential benefits i.e proper pay fixation, and actual arrears of salary, with 18% interest thereon

C) Any other and further additional orders as this Hon'ble Tribunal deems fit and proper in the natural and circumstances of the case may be passed.

D) Cost of the application be provided for.”

2. The facts leading to the filing of the case are as follows:

The applicant joined as Customs Examiner on 10.02.1993 and promoted to the post of Appraiser on 25.11.2002 and as Assistant Commissioner of Customs & Excise on 22.10.2014. Prior to 01.01.1996, the pay scale of Inspectors/Preventive Officers/Customs Examiners was Rs. 1640–2900. On promotion to the post of Superintendent/Appraiser, the applicable pay scale was Rs. 2000–3500. Upon implementation of the recommendations of the 5th Central Pay Commission, the pay scale of Inspectors/Customs Examiners/Preventive Officers was revised to Rs. 6500–10500, and that of Superintendents/Appraisers was revised to Rs. 7500–12000. However, the revised pay scales were made effective from 21.04.2004 instead of 01.01.1996, the date on which the recommendations of the 5th Central Pay Commission came into effect. Despite various decisions rendered by Tribunals and High Courts across the country, and finally by the Hon’ble Supreme Court, the benefit of the revised pay scales of Rs. 6500–10500 for Inspectors/Customs Examiners/Preventive Officers and Rs. 7500– 12000 for Superintendents/Appraisers were denied to the applicant. Hence, the present OA.

3. The learned Counsel for the applicant invited our attention to the common order dated 09.01.2024 passed by the Hyderabad Bench of the Tribunal in OA No. 1089/2019 & batch, which was upheld

Click Here to Read the rest of this document

2026 Supreme(Online)(CAT) 3543

CENTRAL ADMINISTRATIVE TRIBUNALM. Swaminathan, Judicial Member, M.L. Srivastava, Administrative MemberB. Mohan – AppellantVersusUnion of India – RespondentOA

Similarly situated central government employees entitled to notional revised pay scales w.e.f. 01.01.1996 under 5th CPC with actual benefits from 21.04.2004, based on parity, in rem judicial precedents, and anomaly rectification overriding delay objections.

Cases Referred (2)

CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, Judicial Member, M.L. Srivastava, Administrative Member
B. Mohan – Appellant
Versus
Union of India – Respondent
OA