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2026 Supreme(Online)(CAT) 4222
CENTRAL ADMINISTRATIVE TRIBUNAL
M.Swaminathan, Judicial Member, M.L.Srivastava, Administrative Member
C.Bakthavatchalam – Appellant
Versus
Union of India – Respondent
O.A 346/2025
Important Points
Subject
Service Law - Pay Scales and Parity
Act Referred
Central Civil Services (Revised Pay) Rules, 1997
Constitution of India: Art.14
Headnote
(B) Service Jurisprudence - Parity in pay scales - Similarly situated employees entitled to same benefits - No discrimination merely because some approached court earlier - Fence-sitters not denied relief post-settled law - Implementation of judicial orders across similarly placed without fresh litigation - Prior judgments operate in rem, not confined in personam. (Paras 32, 36)
(C) Limitation - Section 21, Administrative Tribunals Act - No condonation needed for recurring pay fixation claims - Subsequent judicial precedents and anomaly committee reports post-2004 extend cause - Stale claims revived by parity and finality of superior court orders. (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 denial of revised pay scales w.e.f. 01.01.1996 per 5th CPC, granted only from 21.04.2004 despite parity claims upheld in multiple Tribunal/High Court/Supreme Court orders for similar employees. Respondents contested on limitation, in personam nature and policy finality.
Findings of Court:
Impugned orders set aside; directed refixation w.e.f. 01.01.1996 notionally per Revised Pay Rules,1997; actual monetary/pensionary benefits from 21.04.2004; exercise within two months.
Issues: Core issue - entitlement to notional pay fixation w.e.f. 01.01.1996 vs. actual from 21.04.2004; applicability of parity precedents; limitation bar; in rem vs. in personam.
Ratio Decidendi: Parity under Article 14 mandates notional benefits w.e.f. 01.01.1996 for anomaly rectification; precedents in rem bind all similarly situated; recurring pay cause defeats delay; uniform implementation across allied depts. under common revenue department.
Result: OA allowed.
For the Appellants/Petitioners: M/s.P.Ayyamperumal
For the Respondents: Mr.Su.Srinivasan
| 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. background of anomaly committees and precedents (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 5. equality demands uniform benefits for similarly situated (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 6. notional pay from 1996, actual from 2004 (Para 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, (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 Pay Commission came into effect. Despite various decisions rendered b
