Back
2026 Supreme(Online)(CAT) 4229
CENTRAL ADMINISTRATIVE TRIBUNAL
M.SWAMINATHAN, Judicial Member, M.L.SRIVASTAVA, Administrative Member
Suba Sankari. C – Appellant
Versus
Union of India – Respondent
OA 972/2025
For the Appellants/Petitioners: M/s.P.Ayyamperumal
For the Respondents: Mr.M.Kishore Kumar
Similarly situated employees entitled to notional pay fixation from 01.01.1996 for 5th CPC upgraded scales, with actual benefits from 21.04.2004, on parity grounds; judgments in rem apply universally under Article 14.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Central Civil Services (Revised Pay) Rules, 1997 - 5th Central Pay Commission - Pay revision for Inspectors/Preventive Officers/Customs Examiners (Rs.6500-10500) and Superintendents/Appraisers (Rs.7500-12000) - Upgraded scales effective from 21.04.2004 instead of 01.01.1996 - Challenge on grounds of parity with similarly situated employees in other revenue departments upheld - Notional fixation from 01.01.1996 and actual monetary benefits from 21.04.2004 directed, following precedents where anomaly committees recommended retrospective effect and courts mandated uniform treatment under Article 14 - Delay condoned as pay fixation recurring cause of action; judgments in rem applicable to all similarly placed employees - Impugned orders set aside to extent denying benefits from 01.01.1996 notionally. (Paras 21, 26-28, 32, 35, 41)
(B) Service Law - Parity and equality - Similarly situated employees entitled to same benefits; judgments granting relief operate in rem, not confined in personam - Department bound to extend benefits across board without awaiting individual litigation - Fence-sitter claims sustainable where core issue parity and anomaly rectification. (Paras 32-36)
(C) Limitation - Section 21, Administrative Tribunals Act - No condonation needed for recurring pay fixation claims; subsequent final judicial precedents and departmental implementations provide basis without reviving stale cause. (Paras 30-31)
Facts of the case:
Applicants, holding posts of Inspectors and Superintendents during 01.01.1996 to 21.04.2004, sought quashing of office memoranda fixing revised pay scales from 21.04.2004 instead of 01.01.1996, claiming parity with employees granted notional benefits via anomaly committee recommendations upheld by higher courts.
Findings of Court:
Respondents directed to refix pay notionally from 01.01.1996 and grant actual monetary benefits from 21.04.2004 with consequential benefits including pension; exercise within two months.
Issues: Entitlement to revised pay scales from 01.01.1996; applicability of parity and in rem judgments; limitation bar for delayed claims.
Ratio Decidendi: Denial of retrospective notional pay fixation violates Article 14 equality; uniform benefits mandatory for similarly situated employees per service jurisprudence; prior upheld orders binding as in rem, overriding personam limitation.
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 notional pay fixation from 01.01.1996. (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. historical litigation led to anomaly committee recommendations. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 5. similarly situated employees entitled to equal treatment. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35) |
| 6. judgments in rem apply to all similar employees. (Para 36 , 37 , 38 , 39 , 40) |
| 7. notional benefits from 1996, actual from 2004. (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 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 and order of the 5th respondent dated 04.06.2025 (Annexure-A7) 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) (Applicants) and Rs.7500-12000/- w.e.f. 01.01.1996 to Superintendent/Appraiser (Central Excise & Customs)/supdt of customs, 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)/ Supdt. of 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 by Trib
