Revised pay scales apply notionally from 1 January 1996, with monetary benefits from 21 April 2004.

The applicants were employees or legal heirs of deceased employees who had served as Inspectors/Preventive Officers/Examiners and Superintendents/Appraisers in the Central Excise and Customs Department.

Before 1 January 1996, Inspectors/Preventive Officers/Examiners were placed in the pay scale of ₹1,640–2,900, while Superintendents/Appraisers were placed in the scale of ₹2,000–3,500. Pursuant to the Fifth Central Pay Commission, the posts were assigned revised scales of ₹6,500–10,500 and ₹7,500–12,000 respectively. However, the department granted the revised scales with effect from 21 April 2004 rather than 1 January 1996.

The applicants sought refixation of pay from 1 January 1996, consequential arrears, pensionary benefits and other service benefits.

The respondents opposed the claim through their Standing Counsel.

1. Whether the applicants were entitled to notional fixation of pay in the revised scales of ₹6,500–10,500 for Inspectors/Preventive Officers/Examiners and ₹7,500–12,000 for Superintendents/Appraisers with effect from 1 January 1996 under the Central Civil Services (Revised Pay) Rules, 1997.

2. Whether the applicants were entitled to actual monetary and consequential pensionary benefits from 1 January 1996, or only from 21 April 2004 pursuant to the Anomaly Committee’s recommendations and the consequential Office Memorandum.

The Tribunal applied the Central Civil Services (Revised Pay) Rules, 1997, under which the revised pay scales were required to be given effect from 1 January 1996.

The Tribunal followed the Hyderabad Bench’s decision in OA No. 1089/2019, which directed notional fixation from 1 January 1996 and actual monetary benefits from 21 April 2004; that decision had been affirmed by the Telangana High Court and the Supreme Court.

It also relied on the Jaipur Bench’s decision, affirmed 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.

The Tribunal held that the issue was no longer res integra because the same entitlement had already been adjudicated by other Benches and upheld by the High Courts and the Supreme Court.

Since the applicants belonged to the same class of Inspectors/Preventive Officers/Examiners and Superintendents/Appraisers covered by those decisions, the principle of equal treatment required that their pay be notionally refixed from 1 January 1996.

However, following the distinction recognised in the earlier decisions and the Anomaly Committee’s implementation framework, the Tribunal limited actual monetary benefits to the period commencing 21 April 2004.

The impugned orders were set aside, and the respondents were directed to refix the applicants’ pay under the CCS (Revised Pay) Rules, 1997, with notional benefits in the grades of Inspector and Superintendent from 1 January 1996.

Actual monetary benefits, including consequential pensionary benefits, were to be granted from 21 April 2004.

The exercise was required to be completed within two months from receipt of the Tribunal’s order.