Inspectors/superintendents entitled to notional pay scale upgradation w.e.f. 01.01.1996 under 5th CPC to remove anomaly, with actual benefits from 21.04.2004; parity mandatory for similarly situated employees per precedents in rem.

ORDER

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

The applicant who is the wife of deceased Govt. servant has filed the OA seeking the following relief:

“i) To call for the records of the respondents and to declare that the applicant's husband is entitled to the benefits of revised pay scale with effect from 01.01.1996 & 29.08.1997 respectively 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 Letter in F.No.II(39)/OTH/67/2021-ADMN/236 dated 08.10.2025 of the Additional Director (Admn.),DG Systems, Chennai along with CBIC's letter No.A-26017/65/2003-Ad.IIA dated 25.07.2023;

iii) To direct the respondents to grant benefits of revised pay and allowances to the applicant from 01.01.1996 & 29.08.1997 respectively till the time of his retirement on actual basis;

iv) To grant and pay consequential arrears of pay and allowances for the period from 01.01.1996 & 29.08.1997 to the date of his demise;

v) To issue revised Pension Payment Order/Family Pension Order accordingly and to grant and pay the pension arrears and post retirement benefits along with 18% interest per annum to the applicant as the applicant's husband is deceased government employee (died in harness) of the respondents' department;

vi) To direct the respondent to pay cost of the litigation to the applicant as the 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's husband joined the department on 02.12.1980 as Inspector and was promoted as Superintendent on 29.08.1997 and subsequently promoted as Assistant Commissioner. He died in harness on 01.01.2016 while working as Assistant Director with DG Systems, South Zone, 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 29.08.1997, 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 30.09.2025 seeking upgradation of her husband's pay scale from Rs. 5500–9000 to Rs. 6500–10500 with effect from 01.01.1996 and his pay scal from Rs.6500- 10500 to Rs.7500-12000 w.e.f. 29.08.1997 on actual basis, along with consequential arrears of pay and allowances. The Additional Director, DG Systems, Chennai without considering the request of the applicant vide his his letter, dted 08.10.2025 disposed of the representation based on CBIC;s letter, dated 25.07.2023 to the following effect that ' In view