Back
2026 Supreme(Online)(CAT) 4221
CENTRAL ADMINISTRATIVE TRIBUNAL
M.Swaminathan, Judicial Member, M.L.Srivastava, Administrative Member
B.Venugopalan – Appellant
Versus
Union of India – Respondent
O.A. 343/2025
For the Appellants/Petitioners: M/s.P.Ayyamperumal
For the Respondents: Mr.Su.Srinivasan
Inspectors and Superintendents entitled to notional pay fixation of upgraded scales w.e.f. 01.01.1996 under 5th CPC, actual benefits from 21.04.2004; prior judgments in rem apply to similarly situated employees, rejecting delay and parity objections.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 and 21 - Central Civil Services (Revised Pay) Rules, 1997 - 5th Central Pay Commission - Pay scale revision for Inspectors/Preventive Officers/Examiners (Rs.6500-10500) and Superintendents/Appraisers (Rs.7500-12000) - Upgradation made effective from 21.04.2004 instead of 01.01.1996 - Tribunal sets aside orders denying notional fixation from 01.01.1996 - Directions issued for notional pay fixation w.e.f. 01.01.1996 and actual monetary benefits from 21.04.2004 with consequential benefits including pension - Previous judicial decisions granting similar relief held applicable to all similarly situated employees as judgments in rem - Doctrine of equality mandates uniform treatment - Delay not fatal as pay fixation constitutes recurring cause of action - Fence-sitter argument rejected where parity established. (Paras 21, 30-42)
(B) Service Law - Article 14 of Constitution - Similarly situated employees must receive identical benefits - Denial of retrospective pay benefits to one group while granting to others violates equality - Model employer expected to extend benefits suo motu post judicial pronouncements - Special Anomaly Committee recommendations applicable across departments under common administrative control. (Paras 32-35)
(C) Limitation - Section 21 AT Act - No condonation application required where cause of action recurring and benefits flow from accepted pay commission implementation - Subsequent judicial clarifications and departmental implementations revive claims. (Paras 30-31)
Facts of the case:
Applicants, holding posts of Inspectors/Preventive Officers/Examiners and Superintendents/Appraisers, sought revised pay scales under 5th CPC w.e.f. 01.01.1996 instead of 21.04.2004 - Prior scales were Rs.1640-2900 and Rs.2000-3500 - Multiple tribunals and courts directed notional benefits from 01.01.1996 for similar employees - Respondents contested on grounds of limitation, fence-sitting, and in personam nature of prior orders.
Findings of Court:
Impugned orders set aside - Pay to be refixed notionally w.e.f. 01.01.1996 and actual benefits from 21.04.2004 - Exercise to be completed within two months - OA allowed without costs.
Issues: Entitlement to notional pay fixation from 01.01.1996; applicability of prior judgments to non-parties; limitation and laches; parity with other departments.
Ratio Decidendi: Revised pay scales operate notionally from anomaly date (01.01.1996) with actual benefits from upgradation date (21.04.2004) - Prior decisions in rem bind department for all similarly situated - Equality under Article 14 mandates extension - Recurring pay fixation defeats delay plea.
Result: OA allowed.
| Table of Content |
|---|
| 1. applicants seek revised pay scales from 01.01.1996 (Para 1 , 2) |
| 2. precedents support notional pay fixation from 1996 (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. claims barred by limitation and laches (Para 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. history of anomaly committee and favorable judgments (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. equality requires parity for similarly situated employees (Para 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. judgments in rem; notional from 1996, actual from 2004 (Para 36 , 37 , 38 , 39 , 40) |
| 7. oa allowed with notional pay from 1996 (Para 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, (ii) Office Memorandum in File No.A-26017/65/2003- Ad.II-A(Pt) dated 11.05.2004 i.e. Annexure A2, its subsequent (latest) Office Memorandum in File No.A-26017/65/2003-Ad.II-A(Pt) dated 25.07.2023 i.e. Annexure A3 and (iii) speaking order dated 25.07.2024 issued under F.No.GCCO/II/24/4/2024-CAO-O/o PrCC-CGST-ZONE- Chennai, passed by 4th respondent (Annexure A- ) herein 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. However, the revised pay scales were made effective from 21.04.2004 instead of 01.01.1996, the date on which the recommendations of the 5th Central
