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Judgment
Hon’ble Mr. Manish Garg, Member (J) :
M.A. No. 4678/2026
For the reasons mentioned in the Miscellaneous Application, we allow the same and condone the delay of 203 days in filing the accompanying Review Application filed vide Dy. No. 10262/2026.
Review Application (Dy. No. 10262/2026)
The present Review Application has been filed by the respondents seeking review/modification of the order dated 02.12.2025 passed by this Tribunal in O.A. No. 3211/2023 and batch, whereby the Original Applications were allowed and the respondents were directed to extend the benefit of the upgraded pay scales notified under O.M. dated 21.04.2004 with effect from 01.01.1996, along with consequential benefits.
In the Review Application, it is submitted that the Board (CBIC) has taken a policy decision that in similar matters the benefit of the upgraded pay scales is to be granted notionally from 01.01.1996 and actually from 21.04.2004. Reliance has also been placed upon certain orders passed by the Chandigarh Bench of this Tribunal and other judicial proceedings, and it is prayed that the order dated 02.12.2025 be modified to the extent that arrears may be granted notionally from 01.01.1996 and actually from 21.04.2004.
We have considered the submissions. The grounds urged in the Review Application essentially seek reconsideration of the issue which already stood examined and adjudicated by this Tribunal while passing the order dated 02.12.2025. The Tribunal, after considering the rival submissions and the material on record, recorded a finding that the applicants were similarly situated to those who had already been granted retrospective benefits and that there was no rational basis to restrict the benefit to 21.04.2004.
The subsequent reliance upon certain orders passed by other Benches and the departmental decision/policy cannot, by itself, constitute an error apparent on the face of the record warranting review of the order. The review applicants have not pointed out any error apparent on the face of the record or any other ground warranting exercise of the limited review jurisdiction. A review cannot be treated as an appeal in disguise for re-appreciation of the matter already considered and decided.
In view of the above, we find no ground to review or modify the order dated 02.12.2025 passed in O.A. No. 3211/2023 and batch. The Review Application is, accordingly, dismissed in circulation.
Pending M.A. (s), if any, shall stand disposed of. There shall be no order as to costs.