Facts
The eight applicants were retired officers of the Central Excise/CGST department, including Inspectors, Superintendents and Assistant Commissioners serving under the Lucknow Zone.
Source reference: pp. 1–2They approached the Central Administrative Tribunal seeking extension of the revised pay scales of ₹6,500–10,500 and ₹7,500–12,000 for Inspectors and Superintendents respectively, with effect from 1 January 1996, together with consequential benefits and arrears up to 21 April 2004.
Source reference: pp. 2–3; para. 2The applicants relied upon decisions including the Hyderabad Bench’s judgment dated 9 January 2024 in Cyril Joseph & Ors. v. Union of India, the Lucknow Bench’s order dated 5 February 2026 in Vikas Kapoor & Ors. v. Union of India, and the subsequent decisions of the Telangana High Court and the Supreme Court referred to in the application.
Source reference: pp. 2–3During the hearing, the applicants confined their immediate request to permission to submit fresh representations and a direction to the competent authority to decide them by a reasoned and speaking order.
Source reference: para. 3The respondents opposed the request orally but agreed that, if such a direction were issued, two months should be allowed for deciding the representations.
Source reference: para. 4Issues
Whether the applicants should be permitted to submit fresh representations seeking the benefit of the decisions in Vikas Kapoor and Cyril Joseph?
Source reference: paras. 2–3Whether the competent authority should be directed to determine the applicability of those decisions to the applicants and decide their representations by a reasoned and speaking order within a prescribed period?
Source reference: paras. 3–6Whether the Tribunal should directly grant the claimed revised pay scales and consequential arrears at this stage?
Source reference: paras. 2, 5–6Law Applied
The Tribunal applied the procedural principle that an administrative authority must consider a representation and pass a reasoned and speaking order in accordance with law.
Source reference: no citationIt relied upon the directions and legal principles contained in the Lucknow Bench’s order dated 5 February 2026 in Vikas Kapoor & Ors. v. Union of India and the Hyderabad Bench’s judgment dated 9 January 2024 in Cyril Joseph & Ors. v. Union of India as the decisions against which the applicants’ claims were to be examined.
Source reference: para. 5The Tribunal did not itself determine the applicants’ entitlement to the revised pay scales; instead, it directed the competent authority to determine the applicability of those precedents to the present case.
Source reference: para. 6Reasoning
The Tribunal treated the applicants’ modified prayer as an innocuous request for consideration of their claim rather than as a prayer requiring immediate adjudication on entitlement to revised pay scales.
Source reference: para. 5Since the applicants had relied upon judicial decisions allegedly extending similar benefits, the Tribunal considered it appropriate to provide an opportunity for fresh representations and to require the competent authority to examine the precedential applicability of Vikas Kapoor and Cyril Joseph.
Source reference: no citationThe Tribunal therefore avoided deciding the substantive pay-fixation claim itself and preserved the respondents’ authority to assess whether the cited decisions applied to these applicants.
Source reference: paras. 5–6In accordance with the respondents’ submission, it allowed two months from receipt of the representations for their disposal.
Source reference: para. 4Holding
The Original Application was disposed of finally without adjudicating the merits of the applicants’ claim for revised pay scales and arrears.
The applicants were directed to submit fresh representations within two weeks from 9 September 2026.
Source reference: para. 5The competent authority was directed to consider and decide those representations within two months of receipt, in light of the orders in Vikas Kapoor and Cyril Joseph, by passing a reasoned and speaking order and communicating it to the applicants.
Source reference: para. 5The respondents were specifically directed to determine the applicability of those decisions to the present case.
Source reference: para. 6There was no order as to costs, and any pending miscellaneous applications were also disposed of.
Source reference: p. 4Original Court PDF
Rajesh Kumar NigamvsREVENUE
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