Similarly situated employees entitled to notional pay upgradation w.e.f. 01.01.1996 under 5th CPC, actual benefits from 21.04.2004, ensuring Art.14 parity.

ORAL ORDER

(Pronounced by Hon'ble Mr. M. L. Srivastava, Administrative Member)

1.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 5^th CPV became operational, based on the judgements/decisions of the Hon’ble Supreme Court and various High Courts and Tribunals and to set aside/quash the speaking order in File No. GCCO/III/24/51/2025, CAO-O/o Pr.CC-CGST-Zone- Chennai, dated 12.08.2025 of the Principal Chief Commissioner of GT & Central Excise, TN & Puducherry, Chennai

(ii) To direct the respondents to grant benefits of revised pay and allowances to the applicant from 01.01.1996 till the time of her 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 joined the department on 22.02.1982 as Inspector and was promoted as Superintendent on 23.09.2002, and subsequently promoted as Assistant Commissioner on 24.10.2014. The Applicant retired after attaining superannuation on 31.07.2020. During the period from 01.01.1996, the applicant was working as Inspector of Central Excise and was drawing his pay and allowance in the pay scale of Rs.1640-60-2600-75-2900. From 23.09.2002, he was working as Superintendent and was drawing his pay in the pay scale of Rs.2000-30-2300-75-3200. On implementation of 5th 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 23.06.2025 requesting to consider upgrading of his pay scale from 5500 - 9000 to Rs.6500-10500 w.e.f 01.01.1996 and his pays cale from Rs.6500-10500 to Rs.7500-12000 w.e.f 23.09.2002 on actual basis and to sanction & pay the consequential arrears of pay and allowances. The same was rejected by a speaking order dated 12.08.2025. 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, challenging the rejection order.

3. The learned Counsel for t