Revised pay scales for Revenue Department officers apply notionally from Pay Commission implementation date for parity.

The applicant joined as an Inspector of Customs & Central Excise in 1980, was promoted to Superintendent in 1996, and retired in 2012.

Under the 5th Pay Commission, the revised pay scales for Inspectors (Rs. 6500-10500) and Superintendents (Rs. 7500-12000) were implemented by the government effective from 21.04.2004 instead of the commencement date of the 5th CPC, 01.01.1996.

While various Benches of the Tribunal and High Courts (Kolkata, Hyderabad, Mumbai) had previously ordered that these benefits be granted retrospectively from 01.01.1996, the respondents initially refused to extend these benefits to the applicant, prompting this Original Application.

1. Whether the applicant is entitled to the benefit of notional fixation of pay from 01.01.1996 and consequential monetary benefits from that date, rather than 21.04.2004.

2. Whether the claim is barred by limitation and the doctrine of "fence-sitters" due to the delay in approaching the Tribunal.

The Tribunal applied Section 21 of the Administrative Tribunals Act regarding limitation, though it prioritized the doctrine of "continuing cause of action" in matters of pay fixation.

It relied on State of Karnataka v. C. Lal

The court's reasoning on how a law applied to the facts.

Explanation of the court's interpretation.

The final order or relief granted by the court.