Shri Samiran Chakraborty & Ors. vs The Union Of India & Ors.

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:

MA/171/2026: It has been submitted by learned counsel for the applicants that since the issue involved in this case is identical one, the applicants prayer to join together in a single application may be allowed. Accordingly, M.A is allowed. Applicants are allowed to pursue the remedy jointly.

This application has been preferred to seek the following relief:

Brief facts as submitted by Sri A. Ahmed, learned counsel for the applicants are that, applicants joined as Inspectors in the erstwhile Central Excise and Customs Department now Central Goods and Services Tax & Customs Department. They were promoted to the Post of Superintendent Customs. All of them have retired from service on superannuation. During the period prior to 1996, they were drawing pay scale of Rs. 1640-2900 or Rs.2000-7200 as applicable. Their pay scale as Inspectors in the Department prior to 1996 was on par with similar posts in the organized Accounts Department. Pursuant to the Fifth Pay Commission Year 1996, all the posts similar to the post of Inspector of Central Excise & Customs Department were placed in the pay scale of Rs.5500- 175-9000. Subsequent to implementation of the Vth Pay Commission recommendations, the pay scale of Rs.5500-175- 9000 was upgraded to Rs.6500-200-10500 notionally with effect from 01.01.1996 in respect of the analogous/equivalent posts in various Departments of Govt. of India. Inspector of Central Excise and Superintendent of Central Excise pay scale was enhanced to Rs.6500-10500 and Rs.7500-12000 respectively with immediate effect without giving effect of the same notionally w.e.f. 01.01.1996.

Sri Ahmed further submits that similarly situated employees have approached this Tribunal, Hyderabad Bench in number of O.As (O.A. No.21/1089/2019, 1088/2019, 987/2019, 1026/2019, 1027/2019, 1084/2019, 1085/2019, 1086/2019, 1087/2019, 212/2020 & 213/2020) seeking direction to enhance the Pay Scale of Inspectors and Superintendents with effect from 01.01.1996 instead of 21.04.2004 and the same was allowed vide common Order dated 09.01.2024 with a direction to the Respondents to grant enhanced Pay Scales of Inspectors/ Superintendents Central Excise and Custom Departments with effect from 01.01.1996 notionally with the consequential arrears. The Union of India challenged the Order dated 09.01.2024 before the Hon'ble High Court Hyderabad through Writ Petition No.10490 of 2024 which came to be dismissed vide order dated 09.08.2024. Thereafter, the Union of India & Others approached the Hon'ble Supreme Court of India through Special Leave Petition and the Hon'ble Supreme Court by Order dated 28.02.2025 without any interference to the judgment of the Hon'ble High Court dismissed the SLP.

Thereafter, the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes & Customs, Government of India vide Memo bearing F. No. A-23011/44/2024-Ad.IIA dated 16.06.2025 has enhanced pay scale of Inspectors and Superintendents with effect from 01.01.1996 instead of 21.04.2004 in reference to Court Orders. The directions were issued only on persona basis in reference to Court cases.

The instant Respondent No.4 in pursuance to the order dated 28.08.2025 passed by this Tribunal in O.А. No. 255 of 2025 (Md. Amdadul Islam & 25 Others Vs Union of India & Others) by Speaking Order dated 09.01.2026 has granted enhanced pay scales of Rs. 6500-10500 and Rs. 7500-12000 in the grade of Inspector/Superintendent of Central Tax and Customs, notionally w.e.f. 01.01.1996 or from the date of entering the pay scales of Inspector/Superintendent of Central Tax and Customs, whichever is later. The Pay shall be re-fixed accordingly and the consequential arrears thereon shall be paid w.e.f. 21.04.2004, i.e. the date of issuance of the Office Memorandum by the Department of Expenditure.

The applicants being similarly situated have also submitted various representations (Annexure A-11 colly) before the Competent Authority for seeking similar relief granted to the similarly situated employees. But the same has not been granted to them till date. Hence, they have filed the instant O.A.

Heard the learned counsel for the parties.

After advancing his arguments, Sri A. Ahmed, learned counsel for the applicants submits that at this stage, he would be fairly satisfied if a direction is issued to the respondents to consider the case of the applicants treating this O.A as part of their representations, in the light of the various judgments and orders (supra) within a specific period of time.

Sri R. Hazarika, learned Addl. CGSC who appears for the respondents has no objection if direction is issued to consider their representations as per Rules.

Considering the submission of the learned counsels and with consent of the parties, we are in opinion to dispose of this OA at admission stage itself with a direction upon the Respondents/Competent Authority to consider the pending representations of the applicants at Annexure A/11 colly, in the light of the various judicial pronouncements of the Hon’ble Apex Court, Hon’ble High Court and coordinate Benches of this Tribunal (supra) as well as the O.M and dispose of the same by passing a reasoned and speaking order within a period of three months from the date of receipt of certified copy of this order. If the applicants are similarly situated to that of the applicants in the above cited Orders/judgements, similar benefits should be granted to them within the said period. Ordered accordingly.

Applicants are also directed to serve a copy of this O.A. along with copy of this Order to the Competent Authority within a period of ten days from the date of receipt of a copy of this Order.

Accordingly, the OA stands disposed of with no order as to costs.

Pending MA, if any, also stands disposed of.