Similarly situated employees entitled to uniform notional pay fixation from 01.01.1996 under 5th CPC anomaly rectification, with actual benefits from 21.04.2004; prior judgments in rem mandate parity across departments, overriding limitation for 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 and set aside/quash the speaking Order in File No.III/ (20)/2/25-Accts-O/o-Coom-Cu-Gen-Chennaidated 07.08.2025 ;

ii) 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;

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

iv) 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;

v) 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

vi) 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 09.12.1980 as Inspector and was promoted as Superintendent on 29.08.1997. Subsequently, he was promoted as Assistant Commissioner of Customs on 29.10.2014 and retired on 31.03.2015 upon attaining superannuation from Central IV Commissionerate, Chennai Customs Zone, under the administrative control of the Principal Chief Commissioner of Customs, 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 19.06.2025 seeking upgradation of his pay scale from Rs. 5500–9000 to Rs. 6500– 10500 with effect from 01.01.1996 and from Rs.6500-10500 to Rs.7500- 12500 w.e.f. 29.08.1997 on actual basis, along with consequential arrears of pay and allowances. However, the 3^rd respondent,m the Principal Chief Commissioner of Customs, Chennai, disposed of the representation vide his letter dated 07.08.2025 without any discussion on merits but simply stated that action could be initiated only after obtaining clarification/approval from Central Board of Indirect Taxes and Customs, New Delhi. It is also stated that the issue had already attained finality and is no longer res integra. The CBIC, Department of Revenue, vide letter dated 16.06.2025, has accepted and ag