Back
2026 Supreme(Online)(CAT) 5401
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member, Sanjiv Kumar, Administrative Member
Praveen Kumar Agrawal – Appellant
Versus
Union of India – Respondent
Original Application No. 040/00258/2024
For applicant(s): Shri S. Nath & Ms. R. Bharali
For respondents: Shri S.K. Ghosh, Addl. CGSC
Similarly situated Inspectors/Superintendents entitled to notional pay scale upgradation w.e.f. 01.01.1996 following precedents upheld upto Supreme Court; benefits extend beyond litigants to avoid discrimination.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Pay scales - Parity in pay - Vth Central Pay Commission - Preventive Officers/Inspectors and Superintendents in Central Excise/Customs - Upgradation to scale of Rs.6500-10500 - Granted notionally w.e.f. 01.01.1996 (actual benefit w.e.f. 21.04.2004) - Parity disrupted post Vth CPC implementation as compared to Inspectors in CBI/IB and organized Accounts Departments - Subsequent judgments by coordinate Benches, High Courts and Supreme Court dismissing challenges upheld entitlement - Implementation orders issued confirming finality - Discrimination if denied to similarly situated employees - Principle of judicial discipline mandates adherence to precedents (S.L. Rooplal vs Lt. Governor of Delhi (2000) 1 SCC 644) - Benefits extended to all similarly placed, not limited to litigants (Amrit Lal Berry vs Collector Of Central Excise (1975) 4 SCC 714; Inder Pal Yadav Vs. Union of India 1985 (2) SCC 648) - Judgments in rem, not in personam - No interference in policy decisions warranted here as parity established. (Paras 3, 8, 12, 13, 14)
(B) Service Law - Equal pay for equal work - Once benefit granted to one set of employees pursuant to judicial decisions attaining finality, must extend to similarly circumstanced without forcing litigation - V CPC Report para 126.5 recommends applying judicial decisions to all identical cases - Courts/Tribunals refrain from economic policy interference absent arbitrariness/discrimination. (Paras 8, 12)
Facts of the case:
Applicants, appointed as direct recruit Preventive Officers/Inspectors post 01.01.1996 in scale of Rs.1640-2900 etc., promoted to Superintendents and Assistant Commissioners - Sought quashing of orders denying notional pay fixation w.e.f. 01.01.1996 in upgraded scale - Relied on judgments granting relief to similarly placed, upheld upto Supreme Court - Respondents defended policy upgradation w.e.f. 21.04.2004 only.
Findings of Court:
Applicants entitled to enhanced pay scale notionally w.e.f. 01.01.1996 to 2004 with no financial benefit - Respondents directed to grant within three months.
Issues: Entitlement to notional pay upgradation w.e.f. 01.01.1996; applicability of precedents to non-litigants; validity of limiting benefits to specific parties.
Ratio Decidendi: Coordinate Bench decisions upheld by higher courts bind via judicial discipline; parity mandates extension to similarly situated employees; judgments declaring pay parity principles apply universally as in rem.
Result: Original Application allowed.
| Table of Content |
|---|
| 1. applicants seek quashing of orders and enhanced pay scales from 01.01.1996. (Para 1 , 2) |
| 2. precedent from cat hyderabad, upheld by high court and supreme court, mandates notional pay upgrade. (Para 3 , 4 , 8 , 9 , 10) |
| 3. respondents defend policy decision for pay upgrade only from 21.04.2004. (Para 5 , 6) |
| 4. similarly situated employees entitled to notional pay parity from 01.01.1996 per binding precedents. (Para 11 , 12 , 13 , 14) |
ORDER
PER: RAJINDER SINGH DOGRA, MEMBER (J):
1.The instant Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:
“8.1] That the Hon’ble Tribunal be pleased to set aside and quash the impugned Order No. 12/2024 dated 12.01.2024 (Annexure-A/1) along with the impugned letter F. No. 26017/65/2003-Ad.IIA, dated 25.07.2023 (Annexure-A/2) and so far the applicants are concerned.
8.2] That the Hon’ble Tribunal be pleased to declare that the action of the respondents in giving the benefit of the replacement scales for Commissioners/Superintendents Central Excise/Superintendents of Customs/Appraisers, with effect from 21.04.2004 and not with effect from 01.01.1996, vide Office Memorandum No. F. No. 6/37/98-IC dated 21.04.2004 (Annexure A-1) as arbitrary, discriminatory and thus illegal.
8.3] That the Hon’ble Tribunal be pleased to direct the respondents to pay to the applicants the scale of pay of Rs. 6500-10,500 on notional basis from the respective date of their initial appointment and actual basis w.e.f. 21.04.2004, with all consequential benefits as made vide F. No. C-18011/ASHISH CHAKRABORTY/2009 VNL/4743 dated 22.09.2023 including arrears of pay within a specified time limit.
8.4] That the Hon’ble Tribunal be pleased to direct the respondents to pay interest @ of 12% per annum on the arrears on account of revision of pay.
8.5] Cost of the application.
8.6] Any other relief or reliefs as the Hon’ble Tribunal may deem fit and proper, including the cost of the case.”
2. Brief facts of this case are that – the applicants were appointed mostly as direct recruit Preventive Officer (Inspector) in the Office of Commissioner of Customs, Customs House, Calcutta after 01.01.1996 in the existing scale of pay of Rs. 1640-Rs. 2900/-, Rs. 1640-Rs. 2600/- and Rs. 5500- 9000/- on different dates. Subsequently, they were promoted to the posts of Superintendent and further promoted to the posts of Assistant Commissioner on different dates. After implementation of Vth CPC w.e.f. 01.01.1996, parity between the Inspectors of CBI/IB and the Inspectors of Central Excise & Customs which had existed till the time of IVth CPC was disrupted and it significally affected all the promotional posts in the hierarchy viz. Superintendents and Assistant Commissioners in the matter of scale of pay. The pay scale of the Inspectors in the Department prior to 1996 was on par with similar posts in the organized Accounts Department i.e. Senior Accounts Officer, Comptroller & Auditor General Department, Divisional Accountant, Labour Department, Section Officer, Central Secretariat Staff (CSS) Department, Assistant Grade, Railway Department, Accounts Staff, Income Tax Department, which were classified as Grade-C Non- Gazetted prior to 1996.
3. Shri S. Nath, learned counsel for the applicants submitted that the issue of grant of scale of pay of Rs. 6500- 10500 to the Inspectors of Central Excise with effect from 01.01.1996 are no more res integra. The Central Administrative Tribunal, Hyderabad Bench vide common order dated 09.01.2024 passed in O.A. No. 21//1089/2019 and Batch allowed the OAs and directed to grant enhanced pay scales of Inspectors/Superintendents in the Central Excise & Customs Department from 01.01.1996 notionally to the applicants along with consequential arrears, if any. Said common order passed in OA No. 21/1089/2019 and Batch was challenged by the Union of India before the Hon’ble Telengana High Court through WP No. 10490/2024 w
