Inspectors/Superintendents entitled to notional revised pay scales w.e.f. 01.01.1996 and actual benefits from 21.04.2004 on parity grounds; prior judgments in rem apply to similarly situated employees despite delay.

ORDER

(Pronounced by Hon'ble Mr.M.L.SRIVASTAVA, Member(A))

The applicants have filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“(A). This Hon’ble Tribunal may graciously be pleased 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 i.e.Annexure-A1 and (ii) Office Memorandum in File No.A- 26017/65/2003-Ad.II-A(Pt) dated 11.05.2004 i.e. Annexure A2 and its subsequent (latest) Office Memorandum in File No.A-26017/65/2003- Ad.II-A(Pt) dated 25.07.2023 i.e. Annexure A3 (iii) speaking Order No.294/2024 dated 25.06.2024, issued under F.No.II/ (39)/OTH/2867/2023-ESTT, passed by the 5^th respondent herein in respect of 5 applicants (Annexure-A ) (iv) speaking order dated 25.07.2024 issued under F.No.GCCO/II/24/4/2024-CAO-O/o PrCC-CGST- ZONE-Chennai, passed by 4^th respondent (Annexure A- ) herein in respect of 18 applicants and after going through their propriety, legality and constitutional validity be pleased to quash and set aside the same only to the extent it makes the revised pay scale effective from 21.04.2004 instead of 0.01.1996, with further directions to the respondents to grant the benefit of revised scale/grade w.e.f. 01.01.1996 with appropriate pay and pension fixation and actual benefit i.e. grant of Rs.6500-10500 w.e.f. 01.01.1996 to Inspector (Central Excise, Preventive Officers/Examiners of Customs) and Rs.7500-12000/- w.e.f. 01.01.1996 to Superintendent/Appraiser (Central Excise & Customs), as requested vide their representations (Annexure A4-A ), along with actual arrears of pay and pension with 18% interest thereon. (B). The Hon’ble Tribunal may graciously be pleased to hold and declare that the impugned action of the respondents to revise the pay scale from 21.04.2004 (Annexure-A1) is absolutely arbitrary and illegal and accordingly hold, declare and direct the respondents that the Inspectors/ Preventive Officers/ Examiners and Superintendents (Central Excise & Customs)/ Appraisers are entitled to the revised pay scales of Rs.6500-10500 w.e.f. 01.01.1996 to Inspector/ Preventive Officers/ Examiners (Central Excise & Customs) and Rs.7500-12000/- w.e.f. 01.01.1996 to Superintendent/ Appraisers (Central Excise & Customs) with all consequential benefits i.e. proper pay fixation, pension fixation, actual arrears of salary, pension and other retiral dues with 18% interest thereon

(C ) Any other and further additional orders as this Hon’ble Tribunal deems fit and proper in the nature 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 applicants either joined as Inspectors in the Central Excise & Customs Department or were promoted from lower post to the post of Inspectors and from Inspectors promoted to the post of Superintendents during the period from 01.01.1996 to 21.04.2004. 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. 6500–200–10500, and that of Superintendents/Appraisers was revised to Rs. 7500– 12000. Howev