Similarly situated employees entitled to notional pay fixation w.e.f. 01.01.1996 and actual benefits from 21.04.2004 under 5th CPC upgradation; prior judgments in rem mandate parity despite delay in recurring pay claims.

ORDER

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

The applicant has filed the OA seeking the following relief:

“i) To call for the records of the respondents and to declare that the applicant herein is entitled to the benefits of revised pay scale with effect from 01.01.1996 on actual basis i.e. from the date when the 5^th CPC became operational, based on the judgments/decisions of the Hon'ble Supreme Court and various High Courts and Tribunals;

ii) To set aside/quash the speaking Order in File No.GCCO/II/24/51/2025 CAO-O/o PrCC-CGST- Zone-Chennai dated 12.08.2025 of the Principal Chief Commissioner of GT & Central Exciose, TN& Puducherry, Chennai;

iii) To direct the respondents to grant benefits of revised pay and allowances to the applicant from 01.01.2996 till the time of his retirement on actual basis;

iv) To grant and pay consequential arrears of pay and allowances for the period from01.01.1996 to the date of his retirement;

v) To issue revised Pension Payment Order accordingly and to grant and pay the pension arrears to the applicant along with 18% interest per annum to the applicant as the applicant is retired government employee of the respondents department;

vi) To direct the respondent to pay cost of the litigation to the applicant asthe applicant has been deliberately dragged to the Tribunal by the respondent; and

vii) To issue appropriate directions or orders which this Hon'ble Tribunal deems fit, just and proper in the circumstances of the case to meet the ends of justice.”

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

The applicant joined the department on 07.06.1978 as a Lower Division Clerk (LDC). He was promoted as Inspector in 1989 and subsequently as Superintendent on 15.10.2007. He retired on 30.04.2016 upon attaining superannuation from Central Excise, Tambaram Division, Chennai, under the administrative control of the Principal Chief Commissioner, TN & Puducherry, Chennai. As of 01.01.1996, the applicant was serving as Inspector of Central Excise and drawing pay in the scale of Rs. 1640–60– 2600–75–2900. From 15.10.2007, while serving as Superintendent, he drew pay in the scale of Rs. 2000–30–2300–75–3200. Upon implementation of the 5th Pay Commission, the pay scale of Inspector of Central Excise was initially revised to Rs. 5500–175–9000, and that of Superintendent to Rs. 6500–200–10500, with effect from 01.01.1996. Subsequently, on acceptance of the anomaly in pay scales, the Union Government revised the scales to Rs. 6500–10500 and Rs. 7500–12000 respectively, vide Ministry of Finance O.M. F. No. 6/37/98-IC dated 21.04.2004. However, the revision was given prospective effect from 21.04.2004 instead of 01.01.1996. Accordingly, the applicant submitted a representation dated 12.06.2025 seeking upgradation of his pay scale from Rs. 5500–9000 to Rs. 6500–10500 with effect from 01.01.1996 on actual basis, along with consequential arrears of pay and allowances. The Principal Chief Commissioner of GST & Central Excise, TN & Puducherry, Chennai, by a speaking order dated 12.08.2025, rejected the representation on the following grounds:

a) The representations submitted after a lapse of more than 20 years are barred by limitation due to undue delay.

b) The request for upgradation of pay scale with effect from 01.01.1996 is untenable on merits.

c) The judicial orders relied upon by the officers are not comparable to the nature of duties performed by