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Judgment
ORAL ORDER
In the instant OA, the applicant seeks the following relief:
i.The Applicant, who belongs to a class of officers holding the post of Inspector of Central Excise and Superintendent of Central Excise, seek the grant of the revised pay scales of Rs. 6,500-10,500 and Rs. 7,500-12,000, respectively, with effect from 01.01.1996, to all similarly situated officers who were holding the posts of Inspector of Central Excise or Superintendent of Central Excise as on 01.01.1996.
ii.The Applicant further prays for a direction to the Respondents to extend the same benefits as have been granted by various Tribunals and Courts, by allowing the revised pay scales of Rs. 6,500-10,500 and Rs. 7,500-12,000, as the case may be, with effect from 01.01.1996, or from the date of appointment as Inspector of Central Excise or Superintendent of Central Excise, whichever is earlier.
iii.The Applicant also seeks all consequential benefits arising there from, including arrears of pay, revision of pension, retiral benefits, and all other attendant monetary and service benefits, wherever applicable, together with such further or other orders as this Tribunal may deem fit and proper in the interests of justice.
Brief facts of the case, as submitted by the applicant: The applicant joined the department as Inspector of Central Excise and promoted to the post of Superintendent and later he was promoted as Asst. Commissioner and retired in the said post on superannuation on 30.09.2017. Prior to 01.01.1996 the scale of Inspector/Preventive officer (PO)/Examiner was at Rs.1640-2900 and on promotion as superintendent/appraiser was at Rs.2000-3500. The 5th Pay Commission recommended revised pay scale of Rs. 6500-10,500/- to the post of Inspectors/Preventive officer and Rs.7500-12000 to the post of Superintendents/Appraiser. This was made effective from 21.04.2004 instead of effective date of 01.01.1996, the date on which the proposals of 5th pay commission came into effect. The benefit of pay scales (w.e.f. 01.01.1996) of scale of Rs. 6500-10500/- to the post of Inspectors/Preventive Officer (PO)/Examiner and Rs. 7500-12000/- to the post of Superintendents/Appraisers, extendable to applicant herein, was denied by the respondents despite quoting various decisions of this Tribunal, High Courts etc across the country and finally by the Hon’ble Apex Court therein and hence this OA.
The learned counsel for the applicant invited our attention to the common order dated 09.01.2024 passed by the Hyderabad Bench of the Tribunal in OA No. 1089/2019 & batch, which was upheld by the Hon’ble High Court for the State of Telangana at Hyderabad in W.P.(C) No. 10490/2024 by order dated 09.08.2024, and thereafter affirmed by the Hon’ble Supreme Court in SLP (C) Diary No. 59005/2024 by order dated 28.02.2025.
He further pointed out that similar issue was considered by the Jaipur Bench of this Tribunal in OA No. 154/2015 dated 11.01.2022, which was upheld by the Hon’ble High Court of Judicature for Rajasthan at Jaipur in D.B. Civil Writ Petition No. 16035/2022 dated 20.10.2023 and subsequently affirmed by the Hon’ble Supreme Court in Special Leave to Appeal (C) No. 2944/2024 by order dated 09.09.2024. In the said order, the Hon’ble Supreme Court observed that it agreed with the view taken by the Tribunal that the respondents/employees were discriminated against in the matter of grant of benefits under the 5th Central Pay Commission, and that they were entitled to the revised pay scale with effect from 01.01.1996 in order to bring them on par with similarly situated employees. Accordingly, directions were issued to the concerned department to clear the arrears within six months from the date of the order.
He further drew our attention that similar matters were considered by this Tribunal in OAs 274/2025, 795/2025 and 811/2025 which were allowed vide order dated 09.03.2026 and the said orders were also implemented by the Department. Hence, he prayed that similar relief be granted in the present OA as well.
We have heard the learned counsel for the applicant Mr. T.P. Savitha and Mr. Su. Srinivasan, SCGSC, learned counsel for the respondents.
The core issue arising for consideration in the present Original Application is whether the applicant is entitled to the benefit of notional fixation of pay with effect from 01.01.1996 and consequential monetary benefits from the said date, or whether the actual financial benefits are payable only from 21.04.2004, in terms of the recommendations of the Anomaly Committee and the Office Memorandum issued thereunder.
We also find the issue is no more res integra and covered by the decision of the Hyderabad Bench of this Tribunal, in OA No. 1089/2019, by order dated 09.01.2024, directing the respondents to grant enhanced pay on a notional basis from 01.01.1996 and actual monetary benefits from 21.04.2004. The said order was affirmed by the Hon’ble Telangana High Court by judgment dated 09.08.2024 and was further upheld by the Hon’ble Supreme Court by judgment dated 28.02.2025.
We find similar matters were considered by this Tribunal by order dated 09.03.2026 in OAs 274/2025, 795/2025 and 811/2025, had allowed the applications and the said orders were also implemented by the Department.
In light of the above circumstances and in consequence thereof, the impugned orders are liable to be set aside and are accordingly set aside. The respondents are accordingly directed to refix the pay of the applicant with effect from 01.01.1996 in accordance with the Central Civil Services (Revised Pay) Rules, 1997, and to grant consequential benefits in the grades of Inspector and Superintendent on a notional basis with effect from 01.01.1996 and on an actual monetary basis from 21.04.2004 with all consequential benefits including pensionary benefits. Such exercise shall be completed within a period of two months from the date of receipt of a copy of this order.
In the result, on the terms indicated above, the OA is disposed of.