Pay scale upgradation for Inspectors/Superintendents entitled to notional effect from 01.01.1996 (5th CPC date) where parity with accounts cadres accepted, actual benefits from 21.04.2004; discriminatory denial violates Article 14.

O R D E R

Delivered by Mr. Anjani Nandan Sharan, Member (A)

Heard Shri Jaswant Singh, learned counsel for the applicants and Shri Manoj Kumar Sharma, learned counsel for the respondents and with the consent of learned counsel for the parties, the case is being decided at this stage itself.

2. The instant Original Application, under Section 19 of the Administrative Tribunals Act, 1985, has been filed by the applicants seeking following relief(s):-

“a) That this Hon'ble Tribunal be pleased to quash and set-aside the impugned order dated 21.04.2004 (Annexure Nos.A-1 of the O.A.), qua the applicants, to the extent they limit/confine the actual benefits of the revised/upgraded pay scales for Inspectors and Superintendents of Excise, as mentioned in the order dated 21.04.2004, by granting the same w.e.f. 21.04.2004 i.e. the date of issue of order revising the pay scales, and not from

01.01.1996.

b) That this Tribunal be pleased to command the respondents, by means of a time-bound order, to grant the applicants the benefits of the revised pay scales for the posts of Inspectors and Superintendents of Central Excise now CGST, on notional basis, w.e.f. 01.01.1996, and actual benefits from 21.04.2004 as ordered by the Telangana High court and as upheld by Apex Court, with all consequential benefits, including payment of arrears of salary and other emoluments for the entire period, with applicable interest, at such rates as may be found just and appropriate, and proper fixation of pay/pension of the applicants on the basis of such revision.

c) That this Hon'ble Tribunal be pleased to grant such other relief, as the applicants might be found entitled to in the facts and circumstances of the case.”

3. The brief facts of the case, as reflected in the Original Application, are that the applicants in this case are either presently working or have retired from the post of Superintendent in various offices/formations under the Central Board of Indirect Taxes & Customs (formerly known as Central Board of Excise & Customs), Department of Revenue, Ministry of Finance, Government of India.

4. All of them were working as an inspector (either by initial appointment or by virtue of promotion) and later promoted to the post of Superintendent. The pay scales of Inspectors (Rs.1640-2900) and Superintendents (Rs.2000-3500) in various departments and the Income Tax Department were upgraded in 2004.

5. As per the recommendations of the IVth and Vth Central Pay Commissions, certain pay scales were prescribed for these posts. However, the Government of India granted a higher pay scale of Rs.6500-10500 to Inspectors working in CBI/NCB but this benefit was not extended to Inspectors of Central Excise, Customs, or Income Tax departments.

6. Thereafter, vide Office Memorandum dated 21.04.2004, on being appraised of the disparity/anomaly, the Government of India enhanced the pay scales of similarly situated officers of Railway Accounts, Postal Accounts etc. notionally w.e.f. 01.01.1996 actually w.e.f. 18.02.2003 (the date of enhancement) stating therein that the revised pay scales shall tak