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Judgment
O R D E R
PER HON’BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J)
Heard learned counsel for the applicants, learned counsel for the respondents and perused the records.
Through this Original Application, applicants have prayed for the following relief (s):
“(a). pass similar order or direction extending the benefits of the judgments filed as annexures A-1, A-2 and A-3 directing the Respondents to pay the Applicants revised scales 6500- 10500 and 7500-12000 respectively for Inspectors and Superintendents of Central excise under the department of Revenue Ministry of Finance with effect from 1.1.1996 and draw arrears on the basis of notional fixation up to 21.04.2004 with all consequential benefits including the arrears of pay within a specified time limits in terms of the judgment and order dated 09.01.2024 of Hon'ble CAT Hyderabad which has been upheld by the Division Bench of the High Court of State of Telangana, Hyderabad vide order dated 09.08.2024 and further affirmed by the Hon'ble Supreme Court of India vide order dated 28.02.2025, And / or
(b). Pass appropriate orders or directions providing that the benefit of the orders dated 05 February 2026 passed in Original Application No. 332/00039/2026, Vikas Kapoor and others Vs The Union of India and others as contained in Annexure A-1 to the instant application may also be available to the applicants of this Original Application and thereby the Applicants be permitted to file fresh representations within two weeks and the competent authority may be directed to decide the same in the light of the judgment and order dated 09.01.2024 passed by Hyderabad Bench of this Hon'ble Tribunal in OA No. 1089/2019 and other connected OAs, Cyril Joseph and others Vs Union of India within a period of two months from the date of receipt of such representation in accordance with Law by passing a reasoned and speaking order under intimation to the applicants forthwith.
(c). This Hon'ble Tribunal may also be pleased to pass such other orders or directions which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.
(d). To allow the Original Application with cost.”
At the outset, learned counsel for the applicants submitted that ends of justice would be served if applicants are permitted to file fresh representation and competent authority may be directed to decide the same in the light of judgment and order dated 05.02.2026 passed in OA No. 39/2026 [Vikas Kapoor & Ors. vs. Union of India & Ors.] by this Bench (Annexure No. 1, page 32-33 of the paper-book) and judgment and order dated 09.01.2024 passed by Hyderabad Bench of this Tribunal in OA No. 1089/2019 and other connected OAs, [Cyril Joseph and others vs. Union of India] by way of reasoned and speaking order within a stipulated period of time.
To this, learned counsel for the respondents orally opposed, however, submitted that in case the applicants’ fresh representation are directed to be decided in the manner suggested, then a period of at least two months may be allowed for the same.
Keeping in view of the innocuous prayer made by the applicants, this O.A. is disposed of finally, without going into the merits of the case, with a direction to the applicants to prefer a fresh representation within two weeks from today and respondents/ competent authority shall consider and decide the said representation of the applicants in the light of judgment and order dated 05.02.2026 passed in OA No. 39/2026 [Vikas Kapoor & Ors. vs. Union of India & Ors.] by this Bench (Annexure No. 1, page 32-33 of the paper-book) and judgment and order dated 09.01.2024 passed by Hyderabad Bench of this Tribunal in OA No. 1089/2019 and other connected OAs, [Cyril Joseph and others vs. Union of India] within a period of two months from the date of receipt of such representation in accordance with law by passing a reasoned and speaking order under intimation to the applicants forthwith.
For avoidance of doubts, it is clarified that respondents / competent authority shall determine the applicability of the judgment and order dated 05.02.2026 passed in OA No. 39/2026 [Vikas Kapoor & Ors. vs. Union of India & Ors.] by this Bench (Annexure No. 1, page 32-33 of the paper-book) and judgment and order dated 09.01.2024 passed by Hyderabad Bench of this Tribunal in OA No. 1089/2019 and other connected OAs, [Cyril Joseph and others vs. Union of India] to the present case.
There shall be no order as to costs.
Pending MAs, if any, also stand disposed of accordingly.