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2026 Supreme(Online)(CAT) 5434
CENTRAL ADMINISTRATIVE TRIBUNAL
Suresh Kumar Batra, Member (J), Rashmi Saxena Sahni, Member (A)
Sushil Kumar – Appellant
Versus
Union Of India – Respondent
OA No. 1352/2025 | MA No. 1081/2026
For the Appellants/Petitioners: Dharam Singh
For the Respondents: Sahil Batra
Government employees are entitled to uniformity in pay scale revisions; providing a retrospective notional date to some similarly situated cadres while denying it to others is discriminatory and violates the principle of pay parity.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Pay Scale Revision - Upgradation of pay scales for Inspectors and Superintendents - Applicants sought retrospective effect from 01.01.1996 for pay scale revision granted by OM dated 21.04.2004 - Held, employees in similar departments were granted notional benefits from 01.01.1996 to maintain parity - Tribunal observed that withholding similar benefits constitutes discrimination - Impugned orders limiting benefits to prospective effect quashed - Directions issued to grant notional fixation from 01.01.1996 onwards. (Paras 8, 10, 12, 13)
Facts of the case:
The applicant, a retired Superintendent, joined as an Inspector in 2002. He challenged the Ministry of Finance order dated 21.04.2004 which granted upgraded pay scales prospectively, contending that he was entitled to these benefits from 01.01.1996, in line with other similarly situated government employees in various departments including Income Tax and Railways, following the recommendations of the Fifth Central Pay Commission.
Findings of Court:
The Tribunal found the applicant similarly situated to those granted relief in previous coordinated bench decisions. The directive was to grant the upgraded pay scales notionally effective from 01.01.1996 and actual benefits in accordance with established precedents.
Issues: Whether the non-grant of notional pay scale revision from 01.01.1996 constitutes discriminatory treatment and whether the applicant is entitled to consequential retiral and pensionary benefits.
Ratio Decidendi: Parity in pay scales among similarly placed cadres in the Government of India must be maintained. Denying the benefit of notional pay fixation from the date recommended by the Pay Commission solely to one set of employees while granting it to others is arbitrary and illegal.
Result: Original Application allowed.
| Table of Content |
|---|
| 1. applicant challenges prospective pay scale revision, seeking parity from 01.01.1996. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. judicial consistency and parity require granting retroactive benefits to similarly situated employees. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. directs implementation of benefits within three months. (Para 14) |
O R D E R (ORAL)
PER: SURESH KUMAR BATRA, MEMBER (J)
MA No. 1081/2026
The present MA has been filed by the respondents for placing their written statement on record.
2. For the reasons stated therein, MA is allowed and the written statement is taken on record.
OA No. 1352/2025
The present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief(s):-
(i) That the impugned letter/OM. dated 21.04.2004 (Annexure A-1) to the extent it granted up-graded pay scale w.e.f. 21.04.2004 instead of 01.01.1996 on actual basis be quashed and set aside.
(ii) That the impugned letter dated 25.07.2023 (Annexure A-2) and office order dated 11.06.2024 (A-3) denying upgraded/enhanced pay scales to the superintendents and inspectors on actual basis w.e.f 1.1.1996 be also quashed and set aside.
(iii) That it be declared that the applicant as Inspector is entitled to upgraded pay scale of Rs. 6500-10,500/- on actual basis w.e.f. 06.12.2002, that is the date of joining as inspector on (instead of from 21.04.2004) with all consequential benefits like arrears of pay/pension and allowances, etc. at each stage/event both during and after service.
(iv) That a direction be issued to the respondents to extend benefit of judgments rendered by the Hon’ble Principal Bench in O.A. No. 763 of 2015, decided on 3.2.2022, upheld by the Delhi High Court on 24.11.2025, Judgment passed by the Hon’ble Delhi High Court in W.P. No. 1523/2016, decided on 18.12.2019, judgement dated 03.01.2025 in SLP(C) D. No. 51350/2024 (Annexure A—13), judgement dated 03.01.2011 (Annexure A-14), 09.09.2024 in SLP (C) No. 2944/2024 (Annexure A-12) arising out of OA 154/2015 (A-10) and DBCWP 16035/2022(A-11), W.P. 5096/2009 (A-14) SLP (C) No. 26615/2011 r/w R.P.(C)2636/2018 (A-15& A-16), order dated 17.09.2025 in O.A.NO.60/315/2022 (A-17), orders dated 22.10.2024, 01.04.2025, 17.04.2025 and 03.07.2025 in OA No. 413/2024, 165/2025, 61/2025 and 577/2022 respectively of Allahabad Tribunal and common order dated 02.12.2025 Delhi Principal Bench in OA No. 3211/2023, 1891/2023, 2916/2023 and 2282/2023 (A-9) to the applicant and to pass order modifying last para of impugned order dated 21.04.2004 stating that orders shall take effect from 01.01.1996 on actual basis when the recommendations of 5th CPC became operational.
(v) to direct the respondents to allow the applicant to have the benefit of “option” for fixation purpose under para F.R. 22(1) (a).
(vi) to direct the respondents to make payments of the differences in pay/pension and retiral benefits and applicable allowances resulting in increase as result of re-fixation of pay/pension w.e.f. 06.12.2002, 01.01.1996, date of promotion as superintendent, 01.01.2016, the date of retirement etc. till the actual payment is made with interest thereon at the rate of 12% per annum.
(vii) To direct the respondents to revise and issue the revised PPO.
viii) to issue any other order/appropriate directions, this Hon’ble Tribunal may deem fit in the circumstances of the case.”
2. The applicant has filed instant O.A, praying for quashment of OM dated 21.04.2004 to the extent it grants upgraded pay scale w.e.f 21.04.2004 instead of 01.01.1996. It has also been prayed for issuance of a direction to the respondents to extend the benefit of judgment rendered by the PB, CAT in OA No. 763/2015 decided on 03.02.2022, CAT Jaipur Bench in OA No. 154/2015 decided on 11.01.2022, Hon’ble Delhi High Court in WP (C) 1523/2016 titled as All India Railway Accounts Staff Association and ors. Vs. UOI dated 18.12.2019, and the judgement passed by this Tribuna
