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Judgment
Justice K. Haripal, Judicial Member
Applicants are retired Superintendents of Customs. They had commenced service as Inspectors on 20.01.1992, 12.06.1979 and 06.06.1975 respectively as depicted in Annexure A1 chart. Respective dates of their becoming Superintendents, by way of promotion are also shown against each.
During the 4th Central Pay Commission (CPC), prior to the recommendations of the 5th CPC, scale of pay of Inspectors and analogous posts was Rs.1640-2900; during 5th CPC, they were granted replacement scale of Rs.5500-9000. According to the applicants, while the Inspectors etc were granted such a replacement scale with effect from 01.01.1996, officers holding analogous posts were granted higher replacement scale of Rs.6500-10500, with enhanced pre-revised scale of Rs.2000-3500. Similarly, before the 5th CPC recommendations, persons holding the post of Superintendents and analogous posts were drawing at the scale of Rs.2000-3500, which was replaced by Rs.6500-10500. On the recommendations of the 5th CPC, some analogous posts identically placed in other departments were given special treatment by granting higher replacement scale of Rs.7500-12000 taking their pre-revised scale at Rs.2500-4000.
Aggrieved by the hostile discrimination meted out to the officers in the cadre of the applicants and similarly placed persons, some of the aggrieved and their Unions made representations before the respondents. At last, a High Power Committee was constituted as approved by the Union Finance Minister for looking into the anomaly highlighted by the aggrieved. Ultimately, finding that there was substance in the grievances raised, they were granted higher replacement scales with effect from 21.04.2004. At the same time, persons holding analogous posts were granted enhancement retrospectively from 01.01.1996. It has also come out that, when some of the similarly placed employees had approached the Tribunal, their contentions were upheld. However, honouring the same, respondents passed orders enhancing their scale from 01.01.1996 onwards, taking the orders as 'judgment in personam'. Aggrieved by the same, representatives of the applicants and others filed representations before the respondents which were not considered and thus the applicants have approached the Tribunal seeking the following reliefs:
“(i)Call for the records leading to the issue of Annexures A4 & A5 and quash the same in so far as it implements the enhanced revised pay scale with effect from 21.04.2004;
(ii)Call for the records leading to the issue of Annexure A20 in so far as it implement the declaration of the judicial decision of granting enhanced revised pay with effect from 01.01.1996 instead 21.04.2004 'in personam';
(iii)Declare that the applicants are also entitled to the enhanced revised pay as per Annexures A4 & A5 with effect from 01.01.1996 with all the consequential benefits arising therefrom.
(iv)Direct the respondents to grant the applicants the enhanced revised pay as per Annexures A4 & A5, with effect from 01.01.1996 and direct further to grant all consequential arrears of pay and pension and all other consequential benefits arising there from.”
According to the applicants, even though parity claimed by the applicants and similarly placed employees were accepted by the High Power Committee, when the order was implemented, benefits were given to them only prospectively, from the date of Annexure A4 whereas, similarly placed officers in the Department of Expenditure, Railways and the Narcotic Control Bureau in the Ministry of Home Affairs, as seen in Annexures A6 to A8 respectively, were given enhancement on notional basis retrospectively from 01.01.1996, the date of effect of the CCS (Revised Pay) Rules, 1997 or the date of joining as Superintendents or Inspectors etc as the case may be.
This issue was considered by this Tribunal on numerous occasions. This Tribunal as well as other Benches of the Tribunal and Hon'ble High Courts have consistently found that persons holding analogous posts are entitled to get benefits from 01.01.1996 onwards, that denying the same to the similarly placed employees is illegal and discriminatory.
Respondents filed the reply statement disputing the contentions of the applicants.
We heard the learned Counsel on both sides.
The learned Counsel for the applicants has invited our attention to the copy of common order of this Tribunal dated 03.12.2025 in O.A No. 570/2023 etc and also copy of the common judgment of the Hon'ble High Court dated 15.06.2026 in OP (CAT) No. 56/2026 etc. In the common order dated 03.12.2025, we had considered identical questions. After hearing both sides, we allowed the Original Applications on the following lines:
“50.On evaluation of the circumstances, without doing any special research by us, we have to stand by the consistent views taken by this Tribunal and the courts on the subject. As noticed earlier, Annexures-A4 and A5 have already been set aside by other Benches of this Tribunal. We also declare that the applicants are entitled to get the benefits of enhanced replacement scale and pay notionally from 01.01.1996, as held in various other cases. Therefore, the orders rejecting their representations are quashed and the respondents are directed to give notional benefit to the applicants from 01.01.1996 onwards.”
At the same time, basing on the dictum in Union of India and others v. Tarsem Singh [(2008) 8 SCC 648], we had restricted payment of arrears to three years prior to the respective dates of institution of the O.As. OPs (CAT) were moved by some of the applicants in those O.As against the common order, aggrieved by restricting the arrears to three years. In the judgment dated 15.06.2026, the Hon'ble High Court upheld the finding that the applicants are entitled to get enhancement from 01.01.1996, however disapproved the latter part of our order. That means, the applicants are entitled to get arrears from 01.01.1996 onwards.
Today the learned Counsel for the applicants has submitted that the directions issued by this Tribunal as well as the Hon'ble High Court have already been implemented in the case of some of the applicants who moved Original Applications. That means, the issue is no more res integra. The learned Counsel has also produced copy of order dated 27.07.2026 issued by the Central Board of Indirect Tax and Customs implementing the order of the Tribunal and judgment of the Hon'ble High Court of Kerala and Board's letter dated 26.12.2025 and enhanced the pay scales of Inspectors and Superintendents from 01.01.1996 instead of 21.04.2004.
In the result, the respondents are directed to grant the applicants benefits of enhanced replacement scales of pay notionally from 01.01.1996 and release the arrears within a period of six months from the date of receipt of a copy of this order.
The OA is allowed as above. No costs.
List of Annexures
Annexure A1- A chart illustrating the service details of the applicants'.
Annexure A2- True copy of the Office Order No. 197/1998, dated 27.07.1998, issued by the 2nd respondent.
Annexure A3- True copy of the report of the High Power Committee bearing F No. A-41015/89/98-Ad-VII dated 26.08.1998, obtained under RTI Act.
Annexure A4- True copy of the Office Memorandum F.No. 6/37/98-IC, dated 21.04.2004, issued by the 2nd respondent.
Annexure A5- True copy of the Order bearing F.No. A-26017/65/2003-Ad.II-a(Pt.), dated 11.05.2004, issued by the 3rd respondent.
Annexure A6- True copy of the Office Memorandum F. No. 6/82/E.III (B)/91, dated 28.02.2003, issued by the 2nd respondent.
Annexure A7- True copy of the Railway Board Order RBE No. 48/2003, dated 07.03.2003, issued by the Ministry of Railways.
Annexure A8- True copy of the Office Order F. No. II/2(38)/2004-Estt., dated 20.04.2005, issued by the Ministry of Home Affairs.
Annexure A9- True copy of the Judgment of the Hon'ble High Court of Kerala in WP(C) No. 22276 of 2007, dated 27.03.2012.
Annexure A10- True copy of the Order of the Hon'ble Supreme Court in CC 1997 of 2013, dated 25.02.2013.
Annexure A11- True copy of the order of the Central Administrative Tribunal, Mumbai Bench in O.A No. 86/2008, dated 17.01.2012.
Annexure A12- True copy of the Judgment in Writ Petition (Civil) No.1523/2016, dated 18.12.2019 of Hon'ble High Court, Delhi.
Annexure A13- True copy of order of the Hon'ble Supreme Court in SLP(C) No.13818 of 2020 dated 08.01.2021.
Annexure A14- True copy of the order in O.A. No.763 of 2015, dated 03.02.2022 rendered by the Central Administrative Tribunal, Principal Bench.
Annexure A15- True copy of the letter F.No. A-26017/65/2003-Ad.II A, dated 25.07.2023, issued by the CBIT & C.
Annexure A16- True copy of the communication F.No. C-18011/ASHISCHAKRABORTHY/2009/VNL/4743, dated 22.09.2023 issued by the Central Board of Direct Taxes.
Annexure A17- True copy of the order of the CAT, Hyderabad Bench in O.A No. 21/1089/2019 and connected cases dated 09.01.2024.
Annexure A18- True copy of the judgment dated 09.08.2024 of Hon'ble High Court of Telangana in WP No. 10490 of 2024.
Annexure A19- True copy of the order of the Hon'ble Supreme Court in SLP(Civil) Diary No. 59005 of 2024, dated 28.02.2025.
Annexure A20- True copy of the Order F No. A-23011/44/2024-Ad.IIA, dated 16.06.2025, issued by the 2nd respondent.
Annexure A21- True copy of the order dated 22.10.2024 of the Central Administrative Tribunal, Allahabad Bench in OA No. 413 of 2024.
Annexure A22- True copy of the order dated 02.12.2025 of the Central Administrative Tribunal, Principal Bench in OA No. 3211 of 2023 and connected cases.
Annexure R1- True copy of the notes of Dept. of Revenue at page 69-73/N in file no A 26017/65/2003-Ad. II (A) dated 28.09.2017 mentioning the relevant portion of 6th Pay Commission report.
Annexure R2- True copy of the Letter F.No.A-26017/65/2003-Ad.II A (Pt.) dated 11/05/2004.
Annexure R3- True copy of the letter No.A-26017/65/2003-Ad.II A by Ministry dated 25.07.2023 on the representations submitted by the officers.
Annexure R4- True copy of order dated 19.09.2008 in OA 441 of 2005 of Jabalpur CAT dismissing the OA.
Annexure R5- A true copy of the clarification on pay fixation issued by the Department of Expenditure to CBDT for pay upgradation/revision of staff pertaining to various departments.
Annexure R6- A brief note in tabular form clarifying Annexure R5 i.e, the clarification issued by the Department of Expenditure to CBDT for pay upgradation/revision of staff pertaining to various departments.