Facts
The applicants were serving or retired employees, or the spouse of a deceased employee, who had held the posts of Inspector of Central Excise/Preventive Officer/Examiner and Superintendent of Central Excise/Appraiser.
Source reference: para. 3Before 1 January 1996, these posts carried pay scales of Rs. 1,640–2,900 and Rs. 2,000–3,500, respectively. Following the recommendations of the Fifth Central Pay Commission, the revised scales of Rs. 6,500–10,500 for Inspectors and Rs. 7,500–12,000 for Superintendents were granted, but the effective date was fixed as 21 April 2004 instead of 1 January 1996.
Source reference: para. 3The applicants sought refixation of pay in the revised scales from 1 January 1996, together with arrears, pensionary and other consequential benefits.
Source reference: para. 4The respondents contested the claim, necessitating determination of the effective date of notional and monetary benefits.
Source reference: paras. 7–10Issues
Whether the applicants were entitled to notional fixation of pay in the revised scales of Rs. 6,500–10,500 and Rs. 7,500–12,000 with effect from 1 January 1996 under the Central Civil Services (Revised Pay) Rules, 1997?
Source reference: para. 8Whether the applicants were entitled to actual monetary benefits, including arrears and consequential pensionary benefits, from 1 January 1996, or only from 21 April 2004?
Source reference: paras. 8–9Whether the impugned orders denying or restricting the applicants’ revised pay benefits were liable to be set aside?
Source reference: para. 11Law Applied
The Tribunal applied the Central Civil Services (Revised Pay) Rules, 1997, under which the revised pay scales were to be given effect from 1 January 1996.
Source reference: para. 11It followed the Hyderabad Bench’s decision in OA No. 1089/2019, which directed notional fixation from 1 January 1996 but actual monetary benefits from 21 April 2004; that decision was affirmed by the Telangana High Court and the Supreme Court.
Source reference: para. 9The Tribunal also relied on the Jaipur Bench’s decision in OA No. 154/2015, upheld by the Rajasthan High Court and the Supreme Court, recognising that denial of the revised scales from 1 January 1996 resulted in discrimination against similarly situated employees.
Source reference: para. 5Earlier Chennai Bench orders in OAs Nos. 274/2025, 795/2025 and 811/2025, which had been implemented by the Department, were treated as supporting the same relief.
Source reference: para. 10Reasoning
The Tribunal found that the issue was no longer res integra, as the entitlement to notional refixation from 1 January 1996 had already been conclusively recognised in the Hyderabad and Jaipur decisions, including by the Supreme Court.
Source reference: paras. 5, 9Applying those precedents to the applicants, who belonged to the same class of Inspectors and Superintendents, the Tribunal held that they could not be denied parity in the revised pay scales.
Source reference: paras. 5, 9However, consistent with the binding precedent, the Tribunal distinguished between notional and actual benefits: pay was to be notionally refixed from 1 January 1996, while actual monetary benefits were payable from 21 April 2004.
Source reference: para. 9Since the impugned orders were inconsistent with this settled position, they were liable to be set aside.
Source reference: para. 11Holding
The Tribunal allowed the applicants’ claims and set aside the impugned orders.
The respondents were directed to refix the applicants’ pay under the Central Civil Services (Revised Pay) Rules, 1997, in the grades of Inspector and Superintendent with effect from 1 January 1996 on a notional basis, and to grant actual monetary benefits from 21 April 2004, together with consequential benefits, including pensionary benefits.
Source reference: para. 11The exercise was directed to be completed within two months from receipt of the order. The OAs were accordingly disposed of at the admission stage.
Source reference: para. 12Original Court PDF
G MANUJULAvsFINANCE
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