Similarly situated employees entitled to pay scale upgradation w.e.f. 01.01.1996 notionally with actual benefits from 21.04.2004 by parity; prior judgments in rem, delay not bar for recurring pay fixation.

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

In the instant OA, the applicant seek the following relief:

“(i) To call for the records of the Respondents and to set aside the Letter No. GCCO/II/39/54/2022-CCA Estt dated 29.08.2023 passed by 1^st respondent and declare that the Applicant herein is entitled to the benefits of revised/ replaced pay scale/ upgraded pay scale of Rs. 6500-10500 for the period he was working as Inspector of Central Excise and of Rs.7500-12000 in respect of his service as Superintendents of Central Excise/Customs with effect from 1.1.1996 on actual basis, the date when the 5th CPC became operational, based on the judgments / decisions of the Supreme Court and various High Courts and Tribunals as detailed above and as has been granted to the employees of other departments of various Ministries under the Union of India;

(ii) To appropriately modify the action/order of the Respondents vide letter F.No.6/37/98-IC dated 21.4.2004 to the extent it limits the actual benefits of the revised pay scale/upgraded pay scale by granting the same w.e.f. 21.4.2004 and not granting the benefits with effect from 1.1.1996 which is arbitrary, illegal and discriminatory. (iii) To call for the records of the Respondents and to set aside the letter File No. GCCO/II/39/54/2022-CCA ESTT dated 29.8.2023 as the same are without any justifiable reason and non-speaking.

(iv) To direct the Respondents to grant benefits of revised pay and allowances to the Applicant from 1.1.1996 on actual basis;

(v) To grant and pay consequential arrears of pay and allowance for the period from 1.1.1996 to 20.4.2004, to issue revised Pension Payment Orders accordingly and also the post-retirement benefits to, along with appropriate and applicable interest per annum;

(vi) To direct the Respondents to pay the cost of the litigation to the Applicant as he has been deliberately dragged to the Tribunal by the Respondents; and (vii) To issue appropriate directions or orders which the Tribunal deems fit, just and proper in the circumstance of the case to meet the ends of justice.”

2. The brief facts of the case as submitted by the applicant are as follows:

The applicant has preferred this Original Application with many reliefs, mainly for the entitlement of benefits of revised / replaced pay scale / upgraded pay scale of Rs. 6500-10500 for the period he was working as Inspector of Central Excise and of Rs.7500-12000 in respect of his service as Superintendents of Central Excise/Customs with effect from 1.1.1996 on actual basis, the date when the 5th CPC became operational joined the department retired from respondent department as Superintendent are Inspectors, Superintendents, Assistant Commissioners and Deputy Commissioner (serving and retired officers) from various Central Excise, GST and Customs Commissionerate's in Tamil Nadu and Puducherry. The Applicant is claiming that the denial of financial benefits, specifically arrears of pay and allowances, is arbitrary, illegal, and discriminatory. The Government Resolution enforces the scales of pay recommended by the 5th Central Pay Commission (CPC) from 01.01.1996. However, the Applicant asserts that he has been denied these benefits. This Tribunal had previously allowed three Original Applications, OA No.1407/2015, OA No.1607/2015 & OA No.1608/2015, granting the revised pay scale arrears from 01.01.1996. This