Similarly situated employees entitled to notional pay scale revision w.e.f. 01.01.1996 per 5th CPC on parity grounds; judgments in rem apply universally; actual benefits from 21.04.2004; delay no bar for recurring pay fixation.

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 4^th 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 Pay Commission came into effect. Despite various decisions rendered b