S Mythili vs FINANCE
- Court
- Central Administrative Tribunal
1 OAs 919 to 922/2026
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OAs 310/00919, 920, 921 & 922/2026
th
Dated this 5 day of August, Two Thousand Twenty-Six
CORAM:
HON'BLE MR M. SWAMINATHAN, MEMBER (J)
&
HON'BLE MR. M. L. SRIVASTAVA, MEMBER(A)
S. Mythili
W/o late Sudhakaran … Applicant in OA 919/2026
G. Mekhala ... Applicant in OA 920/2026
J. Shalindar Christraj ... Applicant in OA 921/2026
R. Yamunaithuraivan ... Applicant in OA 922/2026
By Advocate: M/s P. Ayyamperumal
Vs
1. The Union of India
Ministry of Finance
Department of Revenue
North Block, New Delhi 110 001.
Represented by its Secretary
2. Central Board of Indirect Taxes Customs
North Block New Delhi 110 001
Rep by its Chairman
3. Department of Expenditure
Ministry of Finance
North Block New Delhi 110 001.
Represented by its Secretary
2 OAs 919 to 922/2026
4. The Chief Commissioner of Customs
Chennai Zone, Custom House
No. 60 Rajaji Salai,
Chennai 600 001. .... Respondents 1 to 4 in all OAs
5. The Principal Commissioner of Customs
Custom House, VIII General Commissionerate
No. 60 Rajaji Salai,
Chennai 600 001. … Respondent 5 in OA 919 & 920/2026
5. The Principal Commissioner of Customs
Custom House,
No. 60 Rajaji Salai,
Chennai 600 001. ... Respondent 5 in OA 921/2026
5. The Principal Commissioner of Customs
Custom House, General Commissionerate
No. 60 Rajaji Salai,
Chennai 600 001. ... Respondent 5 in OA 922/2026
By Advocate : Mr. Su. Srinivasan, SCGSC
3 OAs 919 to 922/2026
ORAL ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Member (J)
Since the subject matter, facts as well as the relief prayed for in all the
OAs are identical, the OAs are taken up together and a common order is being
passed.
2. In the instant OAs, the applicants seek the following relief:
i. The Applicants, who constitute 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 Applicants further pray 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 Applicants also seek all consequential benefits
arising there from, including arrears of pay, revision of
4 OAs 919 to 922/2026
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.
3. Brief facts of the case, as submitted by the applicants:
All the applicants are employees or legal heirs (spouse) of the deceased
employees who worked as Inspectors/Preventive Officers and
Superintendents/Appraiser. Prior to 01.01.1996 the scale of
Inspector/Preventive officer (PO)/Examiner was at Rs.1640-2900 and on
th
promotion as superintendent/appraiser was at Rs.2000-3500. The 5 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
th
effective date of 01.01.1996, the date on which the proposals of 5 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 applicants 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.
5 OAs 919 to 922/2026
4. The learned counsel for the applicants 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.
5. 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.
6 OAs 919 to 922/2026
6. 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 OAs
as well.
7. We have heard the learned counsel for the applicants
Mr. P. Ayyamperumal and Mr. Su. Srinivasan, SCGSC who takes notice on
behalf of the respondents.
8. The core issue arising for consideration in the present Original
Applications is whether the applicants are 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.
9. 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
7 OAs 919 to 922/2026
09.08.2024 and was further upheld by the Hon’ble Supreme Court by judgment
dated 28.02.2025.
10. 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.
11. In light of the above circumstances and in consequence thereof, the
impugned orders are liable to be set aside and it is accordingly set aside. The
respondents are accordingly directed to refix the pay of the applicants 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.
12. In the result, on the terms indicated above, the OAs are disposed of at the
admission stage.
(M.L. Srivastava) (M. Swaminathan)
Member (A) Member (J)
05.08.2026
Digitally signed
by P ARUNA
SOWBHAGYA
Date: 2026.09.04
10:45:32 +05'30'
P ARUNA SOWBHAGYA
COURT MASTER
CAT,MADRAS BENCH