Facts
The applicants, employees of the Central Excise and Customs Department who had served in the posts of Inspector/Examiner/Preventive Officer and Superintendent/Appraiser, sought the revised pay scales of ₹6,500–10,500 and ₹7,500–12,000, respectively, with effect from 1 January 1996.
Source reference: para. 2–3The applicants contended that the revised scales had been extended only from 21 April 2004, notwithstanding decisions granting relief to similarly situated employees.
Source reference: para. 2–3The applicants relied, among other decisions, on the Hyderabad Bench’s order in O.A. No. 1089/2019 and related cases, which had been upheld by the Telangana High Court and the Supreme Court, and on earlier orders of the Jaipur Bench and the Chennai Bench.
Source reference: para. 4–6The Tribunal heard the connected applications together and considered whether the applicants were entitled to notional pay fixation from 1 January 1996 and monetary benefits from that date or only from 21 April 2004.
Source reference: para. 1, 8Issues
Whether the applicants were entitled to fixation of the revised pay scales from 1 January 1996 on a notional basis.
Source reference: para. 8Whether consequential monetary benefits were payable from 1 January 1996 or only from 21 April 2004.
Source reference: para. 8Law Applied
The Tribunal applied the Central Civil Services (Revised Pay) Rules, 1997, as the basis for refixing the applicants’ pay.
Source reference: para. 11It treated as governing the issue the Hyderabad Bench’s decision directing notional fixation from 1 January 1996 and actual monetary benefits from 21 April 2004, which had been affirmed by the Telangana High Court and upheld by the Supreme Court.
Source reference: para. 9It also noted the Jaipur Bench’s decision, upheld by the Rajasthan High Court and affirmed by the Supreme Court, and earlier Chennai Bench orders that had been implemented by the Department.
Source reference: para. 5–6, 10Reasoning
The Tribunal considered the entitlement issue to be settled by the prior decisions concerning the same pay-scale dispute.
Source reference: para. 9In particular, it relied on the Hyderabad Bench decision, affirmed by the High Court and Supreme Court, which distinguished between notional fixation from 1 January 1996 and actual monetary benefits from 21 April 2004.
Source reference: para. 9It also noted that comparable Chennai Bench orders had been allowed and implemented.
Source reference: para. 10Applying that approach to the applicants, the Tribunal set aside the impugned orders and directed refixation under the 1997 Rules on the same notional-and-actual basis.
Source reference: para. 11Holding
The Tribunal held that the applicants were entitled to revised pay fixation in the Inspector and Superintendent grades on a notional basis from 1 January 1996, with actual monetary benefits from 21 April 2004.
It directed the respondents to refix their pay and grant consequential benefits, including pensionary benefits, within two months of receiving a copy of the order.
Source reference: para. 11–12The applications were disposed of at the admission stage.
Source reference: para. 11–12Original Court PDF
Shivalingayya I MathadvsFINANCE
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