Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 4219

CENTRAL ADMINISTRATIVE TRIBUNAL
M.Swaminathan, Judicial Member, M.L.Srivastava, Administrative Member
Prabha Raman – Appellant
Versus
Union of India – Respondent
O.A. 339/2025

Advocates:
For the Appellants/Petitioners: M/s.P.Ayyamperumal
For the Respondents: Mr.G.Meganathan

Inspectors/Superintendents in Central Excise/Customs entitled to notional revised pay w.e.f. 01.01.1996 and actual benefits from 21.04.2004 on parity grounds; precedents in rem apply to similarly situated employees overriding delay.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 and 21 - Central Civil Services (Revised Pay) Rules, 1997 - 5th Central Pay Commission - Pay revision for Inspectors/Preventive Officers/Examiners and Superintendents/Appraisers in Central Excise & Customs - Revised pay scales of Rs.6500-10500 and Rs.7500-12000 made effective from 21.04.2004 instead of 01.01.1996 - Challenge to office memoranda and speaking orders denying benefit w.e.f. 01.01.1996 - Tribunal relied on precedents from various benches, High Courts and Supreme Court holding employees entitled to notional fixation w.e.f. 01.01.1996 on parity grounds under Article 14 - Special Anomaly Committee recommendations applied uniformly across departments under common Ministry - Dismissal of SLPs by Supreme Court without merger but persuasive - Delay not fatal as pay fixation recurring cause of action; fence-sitters entitled to parity with diligent litigants - Judgments in rem applicable to similarly situated employees - Impugned orders set aside; directed notional pay fixation w.e.f. 01.01.1996 and actual monetary benefits from 21.04.2004 with arrears and pensionary benefits. (Paras 21, 28, 32, 35, 40-41)

(B) Service Law - Parity in pay scales - Similarly situated employees must be treated alike; benefit granted to one group extends to others without litigation - Model employer obligated to implement judicial orders across board without awaiting fresh applications - Doctrine of equality mandates uniform treatment absent valid classification. (Paras 32-34)

(C) Limitation - Section 21 AT Act - Stale claims by fence-sitters not barred where issue involves recurring pay/pension fixation and parity; no fresh cause from subsequent judgments but entitlement persists. (Paras 30-31)

Facts of the case:
Applicants, Inspectors/Superintendents in Central Excise/Customs who joined/promoted 01.01.1996 to 21.04.2004, challenged office memoranda and speaking orders granting revised 5th CPC pay scales effective 21.04.2004 instead of 01.01.1996. Pre-5th CPC scales: Inspectors Rs.1640-2900, Superintendents Rs.2000-3500. Sought quashing, notional fixation w.e.f. 01.01.1996, arrears with 18% interest citing parity with other departments via anomaly committees and judicial precedents.

Findings of Court:
Impugned orders set aside; respondents to refix pay notionally w.e.f. 01.01.1996 per Revised Pay Rules,1997; grant actual monetary benefits from 21.04.2004 including pensionary benefits; complete within two months.

Issues: Entitlement to revised pay scales w.e.f. 01.01.1996 vs. 21.04.2004; applicability of parity from other departments; delay/laches; in personam vs. in rem nature of precedents.

Ratio Decidendi: Denial of notional benefits w.e.f. 01.01.1996 violates Article 14 parity; Special Anomaly Committee recommendations binding across common department; judicial precedents in rem extend to similarly placed; recurring pay fixation overrides limitation for fence-sitters.

Result: Original Application allowed.

Table of Content
1. applicants seek revised pay scales w.e.f. 01.01.1996. (Para 1 , 2)
2. precedents support pay parity from 01.01.1996 for similar employees. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
3. claims barred by limitation; no continuing cause of action. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19)
4. historical litigation led to anomaly committee recommendations. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
5. article 14 mandates parity for similarly situated employees. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35)
6. notional pay from 1996, actual from 2004; oa allowed. (Para 36 , 37 , 38 , 39 , 40 , 41)

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 6^th respondent herein in respect of applicants from serial number 2 to 24 except Sl.No.11(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 1^st applicant 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 r

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2026 Supreme(Online)(CAT) 4219

CENTRAL ADMINISTRATIVE TRIBUNALM.Swaminathan, Judicial Member, M.L.Srivastava, Administrative MemberPrabha Raman – AppellantVersusUnion of India – RespondentO.A. 339/2025

Inspectors/Superintendents in Central Excise/Customs entitled to notional revised pay w.e.f. 01.01.1996 and actual benefits from 21.04.2004 on parity grounds; precedents in rem apply to similarly situated employees overriding delay.

Cases Referred (8)

CENTRAL ADMINISTRATIVE TRIBUNAL
M.Swaminathan, Judicial Member, M.L.Srivastava, Administrative Member
Prabha Raman – Appellant
Versus
Union of India – Respondent
O.A. 339/2025