Facts
The applicant, a senior citizen and former employee, filed an Original Application (OA) seeking the modification of orders dated 21.04.2004 and 11.05.2004.
Source reference: para 1.1, 8.3The primary prayer was to give effect to the revised pay scales of Rs. 6,500–10,500 and Rs. 7,500–12,000 for the posts of Inspector and Superintendent respectively, from 01.01.1996 instead of 21.04.2004.
Source reference: para 1.1, 8.3The applicant further sought the quashing of orders dated 25.07.2023, 24.01.2024, and 29.02.2024, which denied this retrospective benefit.
Source reference: para 1.2, 8.2During the hearing, both parties conceded that the legal issue regarding the date of implementation for these specific pay scales was no longer res integra due to prior adjudications by various Benches of the Tribunal and the Hon’ble Supreme Court.
Source reference: para 2Issues
Whether the revised pay scales under the Central Civil Services (Revised Pay) Rules, 1997, should be granted to the applicant with effect from 01.01.1996 to ensure parity with similarly situated employees who were granted the same benefit by judicial intervention.
Source reference: para 1, 4Law Applied
The Tribunal primarily applied the Central Civil Services (Revised Pay) Rules, 1997, which governed the pay upgradation following the 5th Central Pay Commission.
Source reference: para 4, 6It relied on the principle of non-discrimination in service benefits as established by the Hon'ble Supreme Court in K.C. Sharma Vs UOI & Ors (1997), Inder Pal Yadav Vs UOI (1985), and UOI & Ors Vs. Lalita S. Rao & Ors (2001).
Source reference: para 4, 5Specifically, the court followed the precedent in Special Leave to Appeal (C) No. 2944/2024 (dated 09.09.2024), which held that employees were entitled to the reviewed pay scale from 01.01.1996 to maintain parity.
Source reference: para 4It also considered the Ministry of Finance (CBIC) letter No. A-23011/44/2024-Ad.IIA dated 16.06.2025.
Source reference: para 4Reasoning
The Tribunal noted that the controversy had been settled by its earlier decision in Devi Prasanna Das & Ors Vs UOI & Ors (OA 68/2024) and the Jaipur Bench in OA 154/2015, both of which were upheld by the Supreme Court.
Source reference: para 2, 4The court reasoned that the respondents had already issued a directive on 16.06.2025 to extend the upgraded pay scales w.e.f. 01.01.1996 to several other applicants across different OAs following the dismissal of the government's Special Leave Petition.
Source reference: para 4The Tribunal found that denying the same benefit to the present applicant was discriminatory and lacked "reasonableness".
Source reference: para 4, 5It concluded that since the applicant was similarly situated to those in the cited precedents, the impugned orders denying the retrospective benefit were legally unsustainable.
Source reference: para 6Holding
The Tribunal allowed the OA and disposed of the MA, directing the respondents to reconsider and grant the revised pay scales w.e.f. 01.01.1996 notwithstanding the previous impugned denial orders.
The respondents were ordered to fix the applicant's pay w.e.f. 01.01.1996 notionally, with actual financial benefits accruing from 21.04.2004.
Source reference: para 6This exercise must be completed within 60 days of receiving the order, failing which the applicant is entitled to simple interest @ 6% per annum on the arrears.
Source reference: para 6No order as to costs was made.
Source reference: para 7Original Court PDF
Gokulananda NaikvsCENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in