2026 Supreme(Online)(CAT) 5044

CENTRAL ADMINISTRATIVE TRIBUNAL
M. Swaminathan, Judicial Member, M. L. Srivastava, Administrative Member
G. Amudan – Appellant
Versus
Union of India – Respondent
OA

Retired Inspectors/Superintendents entitled to notional pay fixation w.e.f. 01.01.1996 and actual benefits from 21.04.2004 per 5th CPC anomaly upgradation; prior judgments in rem apply to all similarly situated; parity under Article 14; no limitation bar for recurring pay claims.

Headnote:(A) Central Civil Services (Revised Pay) Rules, 1997 - 5th Central Pay Commission - Pay scale upgradation for Inspectors and Superintendents - Applicant entitled to notional fixation of enhanced pay scale from 01.01.1996 (date of 5th CPC implementation) and actual monetary benefits from 21.04.2004 (date of anomaly rectification OM), with consequential arrears including pensionary benefits - Impugned rejection order set aside - Direction issued to refix pay within two months - Previous judicial orders granting similar relief held applicable to all similarly situated employees as judgments in rem, not in personam - Denial of retrospective benefits violates Article 14 equality - Fence-sitters not barred where recurring pay fixation cause of action and uniform implementation expected from model employer. (Paras 40, 32, 34, 31)

(B) Administrative Tribunals Act, 1985 - Section 21 - Limitation - No condonation required for recurring pay fixation claims; subsequent judicial precedents and anomaly committee recommendations post-2004 provide fresh context - Fence-sitter doctrine inapplicable when department implements benefits across benches without challenge. (Paras 30, 31)

(C) Service Jurisprudence - Parity - Similarly situated employees entitled to uniform treatment; model employer must extend benefits suo motu post final judicial affirmations without awaiting individual litigation - Anomaly rectification effective from 01.01.1996 notionally mandates monetary flow from rectification date. (Paras 32, 33, 38)

Facts of the case:
Applicant, a retired Superintendent/Assistant Commissioner, sought declaration of entitlement to upgraded pay scales (Inspector: Rs.6500-10500; Superintendent: Rs.7500-12000) w.e.f. 01.01.1996 notionally and actual benefits from that date, set aside rejection order dated 07.08.2025, arrears, revised pension with 18% interest, and costs. Joined as Inspector in 1990, promoted Superintendent 1997, Assistant Commissioner 2016, retired on superannuation. Representation dated 25.06.2025 rejected. Relied on multiple Tribunal/High Court/Supreme Court orders affirmed finality, anomaly committee recommendations, and department letters implementing w.e.f. 01.01.1996 for others. Respondents contested on limitation, fence-sitters, in personam judgments, no continuing cause.

Findings of Court:
Impugned order set aside; refix pay w.e.f. 01.01.1996 notionally per Revised Pay Rules, 1997; grant consequential benefits as Inspector/Superintendent notionally from 01.01.1996, actually from 21.04.2004 including pensionary; complete within two months. OA allowed without costs.

Issues: (1) Entitlement to notional pay fixation w.e.f. 01.01.1996 and actual benefits from that date or only 21.04.2004; (2) Applicability of prior judgments to non-parties; (3) Limitation/delay/laches for fence-sitters; (4) Parity with similarly situated employees across departments/venues.

Ratio Decidendi: Prior orders in rem bind uniformly; Article 14 mandates parity for anomaly rectification; recurring pay cause overrides limitation; model employer must implement final precedents across board; notional from 01.01.1996, actual from 21.04.2004 per affirmed precedents.

Result: OA allowed.

Table of Content
1. applicant's career and pay scale claims from 1996. (Para 1 , 2)
2. precedents support retrospective pay upgrade from 01.01.1996. (Para 3 , 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 and anomaly committee resolutions. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28)
5. equality demands parity for similarly situated employees. (Para 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37)
6. notional pay from 1996, actual from 2004. (Para 38 , 39 , 40 , 41)

ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial 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 5th CPC became operational, based on the judgements/decisions of the Hon’ble Supreme Court and various High Courts and Tribunals and set aside Order F No. III/(20)/2/25 ACCTS – O/o –Comm-Cus-Gen-Chennai dt 07.08.2025 (A4)

(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 joined the department on 17.11.1990 as inspector and was promoted as Superintendent on 29.08.1997. Subsequently, he was promoted as Assistant Commissioner of Customs on 29.02.2016. The Applicant retired after attaining superannuation. 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 29.08.1997, he was working as Superintendent and was drawing his pay in the pay scale of Rs.200-30-2300-75-3200. 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 25.06.2025 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 29.08.1997 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 th

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