Inspectors and Superintendents entitled to notional pay scale upgradation from 01.01.1996 under 5th CPC on parity; actual benefits from 21.04.2004; prior judgments in rem bind department for uniform treatment.

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

This OA has been filed by the applicant seeking the following relief:

(i) To call for the records of the respondents and to declare that the applicant herein is entitled to the benefits of revised pay scale with effect from 01.01.1996 on actual basis, i.e., from the date when the 5th CPC became operational, based on the judgements/decisions of the Hon’ble Supreme Court and various High Courts and Tribunals (ii) To direct the respondents to grant benefits of revised pay and allowances to the applicant from 01.01.1996 till the time of his retirement on actual basis (iii) To grant and pay consequential arrears of pay and allowances for the period from 01.01.1996 to the date of his retirement (iv) To issue revised Pension Payment Order accordingly and to grant and pay the pension arrears and post-retirement benefits along with 18% interest per annum to the applicant as the applicant is a retired government employee of the respondent department (v) To direct the respondent to pay cost of the litigation to the applicant as the applicant has been deliberately dragged to the Tribunal by the respondent and (vi) To issue appropriate directions or orders which this Tribunal deems fit, just and proper in the circumstances of the case to meet the ends of justice”.

2. Brief facts of the case, as submitted by the applicant:

The Applicant got promotion and joined as inspector on

02.04.1993 and was promoted as Superintendent on 30.06.2011. The Applicant retired after attaining superannuation. On implementation of 5^th pay commission, the pay scale of Inspector of Central Excise was initially fixed in the pay scale of Rs.5500- 175-9000 and the pay scale of Superintendent in the pay scale of Rs.6500-200-10500 effective from 01.01.1996. After acceptance of anomaly in the pay scales, the Union Government refixed in the pay scale of Rs.6500-10500 and Rs.7500-12000 respectively vide Ministry of Finance OM F.No.6/37/98-IC, dated 21.04.2004, giving effect prospectively from 21.04.2004, and not w.e.f 01.01.1996 as it should have been. Therefore, the applicant submitted his representation dated 07.08.2023 requesting to consider upgrading of his pay scale from 5500-9000 to Rs.6500- 10500 w.e.f 01.01.1996 on actual basis and to sanction & pay the consequential arrears of pay and allowances. Till date no response from the respondent. The subject issue had already attained finality and this issue is no more res integra and so, the CBIC, Department of Revenue, New Delhi vide letter F.No.A- 23011/44/2024-Ad-A, dated 10.06.2025 accepted and agreed to implement the orders of Hon’ble High Court and CAT orders.

Hence the present OA.

3. The learned Counsel for the applicant invited our attention to the common order dated 09.01.2024 passed by the Hyderabad Bench of the Tribunal in OA No. 1089/2019 & batch, which was upheld by the Hon’ble High Court for the State of Telangana at Hyderabad in W.P.(C) No. 10490/2024 by order dated 09.08.2024, and thereafter affirmed by the Hon’ble Supreme Court in SLP (C) Diary No. 59005/2024 by order dated 28.02.2025. Reliance was also placed on the decision of the Jaipur Bench of the Tribunal in OA No. 154/2015 dated 11.01.2022, which was upheld by the Hon’ble High Court of Judicature for Rajasthan at Jaipur in D.B. Civil Writ Petition No. 16035/2022 dated 20.10.2023 and subsequently affirmed by the Hon’ble Supreme Court in Special Leave