CAT - ['Ernakulam']
Employment and Labour LawAdministrative and Public Law

Similarly placed late applicants are entitled to notional revised-pay benefits from 1 January 1996, subject to verification.

Asha Vijayakumar and Ors vs REVENUE

CAT - ['Ernakulam']JUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Similarly placed late applicants are entitled to notional revised-pay benefits from 1 January 1996, subject to verification.. Asha Vijayakumar and Ors vs REVENUE. CAT - ['Ernakulam']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The five applicants—four widows of deceased Superintendents and one retired Superintendent—claimed entitlement to revised pay scales from 1 January 1996, or from the later date of joining the relevant post. They challenged orders limiting the revised scales’ operation and their implementation to particular employees or applicants.

Source reference: para. 2

In earlier proceedings concerning similar claims, the Tribunal had limited arrears to three years before filing, relying on Union of India v. Tarsem Singh; the High Court later modified that order and held that similarly placed employees were entitled to benefits from 1 January 1996.

Source reference: para. 3

The respondents opposed the application on the ground of delay, describing the applicants as fence-sitters.

Source reference: paras. 1, 4
02

Issues

Whether the applicants’ delay in approaching the Tribunal precluded relief on their claim for revised pay benefits from 1 January 1996

Source reference: paras. 1, 4

Whether the applicants were entitled to notional benefits from 1 January 1996, subject to verification of their credentials, notwithstanding the delay objection

Source reference: paras. 3–5
03

Law Applied

The Tribunal noted that, in Union of India v. Tarsem Singh (2008) 8 SCC 648, it had previously restricted arrears in comparable service-pay claims to three years before filing.

Source reference: para. 3

It also relied on the High Court’s subsequent decision in O.P. (CAT) No. 56/2026 and connected cases, which modified the earlier order and held that similarly placed persons were entitled to benefits from 1 January 1996.

Source reference: para. 3
04

Reasoning

Although the respondents argued that the applicants were delayed fence-sitters, the Tribunal considered that similar claims had already been adjudicated and that the High Court had modified the earlier restriction on arrears, holding that similarly placed persons were entitled to benefits from 1 January 1996.

Source reference: paras. 3–4

Taking account of the applicants’ circumstances—four being widows and the fifth an octogenarian—the Tribunal granted relief, conditional on verification of their credentials.

Source reference: paras. 4–5
05

Holding

The Tribunal disposed of the application and directed the respondents to grant the applicants notional benefits from 1 January 1996, subject to verification of their credentials, and to disburse the arrears due within six months of receiving the order.

No costs were awarded.

Source reference: para. 5
CAT - ['Ernakulam']

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Asha Vijayakumar and OrsvsREVENUE

CAT - ['Ernakulam'] · October 05, 2026

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