Revised pay is notional from 1 January 1996; monetary benefits accrue from 21 April 2004.

The applicants, employees or legal heirs of employees who served as Inspectors/Preventive Officers/Examiners and Superintendents/Appraisers, sought revised pay scales under the Fifth Central Pay Commission from 1 January 1996.

The revised scales were made financially effective from 21 April 2004, and the applicants challenged the denial of benefits for the earlier period.

They relied on decisions of the Hyderabad and Jaipur Benches of the Tribunal, upheld by the respective High Courts and the Supreme Court, as well as earlier Chennai Bench orders said to have been implemented.

The Tribunal heard the three applications together because they raised identical issues.

1. Whether the applicants were entitled to notional fixation of pay in the revised scales from 1 January 1996.

2. Whether consequential monetary benefits were payable from 1 January 1996 or only from 21 April 2004 under the applicable recommendations and Office Memorandum.

The Tribunal directed refixation under the Central Civil Services (Revised Pay) Rules, 1997.

It also relied on prior Tribunal decisions concerning the revised scales for Inspectors/Preventive Officers/Examiners and Superintendents/Appraisers, including decisions affirmed by the High Courts and Supreme Court, which recognised entitlement to the revised scales from 1 January 1996.

The order distinguishes notional pay fixation from actual monetary payment: pay is to be notionally fixed from 1 January 1996, while actual monetary benefits are payable from 21 April 2004.

The Tribunal considered the issue covered by the Hyderabad Bench decision, which directed notional enhancement from 1 January 1996 and actual monetary benefits from 21 April 2004, and noted that the decision had been upheld by the High Court and Supreme Court.

It also relied on the Chennai Bench’s earlier orders on the same issue, which had been implemented.

Applying those decisions, the Tribunal set aside the impugned orders and directed pay refixation on the same notional/actual basis.

It directed the respondents to refix the applicants’ pay in the Inspector and Superintendent grades under the 1997 Rules on a notional basis from 1 January 1996, and to grant actual monetary benefits from 21 April 2004, including consequential and pensionary benefits.

The exercise was to be completed within two months of receipt of the order.

The applications were disposed of at the admission stage.