Central Administrative Tribunal - Chandigarh
Manish Bhatnagar vs Revenue on 5 March, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 237/2024
Chandigarh, this the 5th day of March, 2025
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. ANJALI BHAWRA, MEMBER (A)
1. Manish Bhatnagar s/o Sh. Vinod Kumar Bhatnagar, aged 54 years,
r/o House No. 1032, Sector 21, Panchkula, Haryana-134116.
(Superintendent)
2. Amrit Pal Singh s/o Sh. Arjan Singh Malhotra, aged 54 years, r/o
House No. 433, Cool Road, Mota Singh Nagar, Jalandhar Punjab -144001.
(Superintendent)
3. Aneesh Dewan s/o Sh. S.K. Dewan, aged 55 years, resident of Flat
No. 101, Tower 7C, Hazelwood Society, High Ground Road, Zirakpur,
Punjab-140001. (Superintendent)
4. Anu Harinderpal s/o Sh. Gurpartap Singh, aged 58 years, House
No. 3038, Phase-1, Estate Dugri, Ludhiana, Punjab-143001.
(Superintendent)
5. Ashok Chaudhary s/o Sh. Veer Pal Singh, aged 53 years, House
No. 13, New Custom Colony, Ranjit Avenue E Block, Amritsar, -143001.
(Superintendent)
6. Ashwani Kumar s/o Sh. Harkesh Singh, aged 56 years, r/o House
No. 275-A, Sector 51-A, Chandigarh. (Superintendent)
7. Binod Kumar s/o Kiran Singh, aged 52 years, río Sanwan Heights,
Flat No. 605, J3a, Raj Nagar Extention, Gaziabad, 201017.
(Superintendent)
8. Dharam Pal s/o Shri Parkash, aged 59 years, r/o Flat No. 47,
Central Revenue Colony, Lawrence Road, Amritsar, Punjab-143001.
(Superintendent)
9. Dharmender Kumar s/o Sh. Yeshpal Singh r/o House No. 4118-G,
Customs Colony, Sector-37-C, Chandigarh-160036. (Superintendent)
10. Dharmender Singh Negi s/o Sh. P.S. Negi, aged 56 years, r/o
House No. 4119-C, Customs Colony, Sector -37-C, Chandigarh-160036.
(Superintendent)
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11. Dinesh Kumar Negi s/o Pan Singh Negi, aged 58 years, r/o Flat
No. 504, Maple 1, CantragreenPakhowal Road, Ludhiana, Punjab-120022.
(Superintendent)
12. Gurpreet Singh s/o Sh. Joginder Singh, aged 53 years, r/o House
219, New Kalgidhar Avenue, Opposite Curo, 66 Feet Road, Jalandhar,
Punjab-144022. (Superintendent)
13. Harsimrat Singh, Brar s/o Sh. Sukhmendra Singh Barar, aged 52
years, r/o House No. 291, Sector 80, Mohali, Puunjab-140308.
(Superintendent).
14. Jagtar Singh Arora s/o Sh. Harbans Singh, aged 57 years, r/o
Bhouse No. B-393, New Amritsar, GT Road, Amritsar, Punjab-143001.
(Superintendent)
15. Jasmer Singh Walia s/o Sh. Satinder Singh Walia, aged 54 years,
r/o House No. 115, Sector-40-A, Chandigarh-160036. (Superintendent)
16. Jaspal Singh s/o Inder Singh, aged 57 years, r/o House No. 34-A,
Sarabha Nagar, Bhadson Road, Patiala-147001. (Superintendent)
17. Jasvir Kaur d/o Sh. Teja Singh, aged 57 years, r/o House No.
4120, Ground, Customs Colony, Sector-37-C, Chandigarh-160036.
(Superintendent)
18. Jeetendra Yadav s/o Late Sh. Hari Singh Yadav, aged 57 years, r/o
House No. 3286/D, Sector-5, Eco City-1, New Chandigarh, Mullanpur,
SAS, Nagar (Mohali) Punjab-140901. (Superintendent)
19. Kulwant Singh ns/o Sh. Naranjan Singh, aged 54 years, r/o House
No. 97, Sector-78, S.A.S. Nagar, Mohali, Punjab-140308,
(Superintendent)
20. Malkit Singh s/o S. Waryam Singh, aged 55 years,r/o House No.
1041, Sector 39-B, Chandigarh. (Superintendent)
21. Manoj Kumar Sharma s/o Sh. Ram Kumar Sharma, aged 53 years,
r/o Flat No. 804, Block D-1, Kendriya Vihar, Sunny Enclave, Kharar,
Mohali, Punjab. (Superintendent)
22. Manoj Nayyar s/o Sh. Yash Pal Nayyar, aged 55 years, r/o House
No. 1091/1, Sector 38-B, Chandigarh-160036. (Superintendent)
23. Munish Kumar s/o K.L. Sharma, aged 54 years, r/o House 946,
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Sector 41-A, Chandigarh-160036. (Superintendent)
24. Naresh Kumar s/o Banarsi Dass, aged56 years, r/o V-Thabalke
P.O. Jandiala, Distt, Jalandhar, -141303. (Superintendent)
25. Narinder Mohan s/o Sh. Dev Raj, aged 56 years, r/o House No. 05,
New Aman Park, New Rajguru Nagar, Thareekey, Ludhiana, Punjab-
142028. (Superintendent)
26. Poonam d/o Sh. Rajinder Bhandari, aged 54 years, r/o House No.
459-A, Mig Flats, Sectr-61, Chandigarh-160052. (Superintendent)
27. Rajesh Bhatt s/o Late Sh. K.P. Bhatt, aged 55 years, r/o House
No. 35/4, Nabha House, Near Radha Krishan Mandir, Shimla, H.P.
171004. (Superintendent).
28. Rajesh Sarswat s/o Sh. Kapil Dev Sarswat, aged 54 years, r/o
House No. 465, (ff), B Block, Omaxe Cassia, New Chandigarh, Distt,
S.A.S Nagar, Mohali, Punjab, (Superintendent)-140901.
29. Rakesh Chander s/o Sh. Mohinder Lal, aged 56 years, r/o House
No. 3949/15, ChottaHaripura, Amritsar, Punjba-143001.
(Superintendent).
30. Ramesh Chander Goel s/o Sh. Ram Krishan, aged 55 years, r/o
House No. 601, Sector-12A, Panchkula, Haryana-134113.
(Superintendent).
31. Ravinder Mohan Singh s/o Sh. Narinder Singh, aged 54 years, r/o
House No. 7, Charan Bagh, Patiala, Punjab -147001 (Superintendent).
32. Resham Singh Sidhu s/o Sh. Chanchal Singh Sidhu, aged 55
years, r/o House No. 85, Holy City, Ajnala Bye Pass, Amritsar,-143008,
(Superintendent).
33. Sandeep Kumar s/o Sh. Vishwa Nath Sharma, aged 55 years, r/o
House No. 424/2, Jurrian Bhattian, Patiala, Punjab-147001.
(Superintendent).
34. Sandeep Kumar s/o Late Sh. Sat Parkash aged 58 years, r/o
House no. 1241, Pahse-III-B-2, S.A.S, Nagar Mohali,
Punjab((Superintendent).
35. Sandeep Mahajan s/o Sh. Dharam Paul Mahajan, aged 54 years,
resident of House No. 350,-d Block Ranjit Avenue Amritsar.
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36. Sanjeev Kumar Dhar s/o SH. Kashi Nath Dhar, aged 55 years,
resident of House No. 503, GH-70, Sector 20, Panchkula.
37. Sanjeev Kumar Sharma s/o Sh. D.D. Sharma, aged 58 years, r/o
House No. 4, Gate No. 1, Jagjit Nagar, Extension, Tharike Road,
Ludhiana, Punjab-142021.
38. Sanjeev Prabhakar s/o Sh. Om Parkash Prabhakar, aged 55 years,
resident of House 48-A Prakash Nagar, Jalandhar City-144003.
39. Sanjeev Sharma s/o Late Sh. Roshan Lal Sharma, aged 51 years,
r/o No. 76-A, New Kitchlu Nagar Hambran Road, Ludhiana-141008.
40. Satish Kumar s/o Sh. Bodh Raj, aged 58 years r/o House No. 85,
Phulkian Enclave, Near Mini Secretariat, Patiala, Punjab. (Supdt)
41. Vaishali Chandhok d/o Sh. Vishwanath Nanda, aged 56 years r/o
House 94, Sector-17, Panchkula, Haryana-134109.
42. Veena Rao d/o Late Sh. Madan Lal Rao, aged 56 years r/o House
No. 168-A, Medical Enclave Circular Road, Amritsar, Punjab.
43. Deepinder Rana s/o Sh. Raj Mal Rana, aged 54 years r/o House
No. 4057-B, Sector 37-C, Chandigarh-160036
44. Yogesh Arora s/o Sh. S.P. Arora, aged 54 years r/o House No.
503, Sector 59, Phase-IV, Mohali-160059.
45. Rajinder Kumar s/o Sh. Pritam Dass, aged 58 years r/o House No.
88, Guru Teg Bahadur Avenue, Model Town, Jalandhar City-144003.
46. Akhilesh Kumar s/o Sh. Rupinder Pal Singh, aged 53 years r/o
House No. 4087-C, Customs Colony, Sector-37, Chandigarh-160036.
47. Anil Kumar s/o Sh. Ram Rakha, aged 54 years, House No. 864,
Urban Estate, Phase-II, Jalandhar, Punjab -144002. (Superintendent)
48. Meena Bains d/o Sh. Vidya Pati Popli, aged 54 years r/o G-102,
Ficon View, Sector 66-A, JLPL, Airport Road, Airport Road, Mohali,
Punjab.
49. Jaspreet Kaur d/o Late Sh. Gurnam Singh, aged 53 years r/o
House No. 222, Phase-11, Sector-54, Mohali, Punjab-160055.
50. Mukesh Anand s/o Sat Pal Anand, aged 58 years, r/o House No.
1003/1, Sector 39-B, Chandigarh-160036. (Superintendent)
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51. Narinder Singh s/o Sh. Rur Singh, aged 52 years, r/o House No.
6108, Modern Housing Complex, (Superintendent). Sector -13,
Chandigarh-160101.
52. Sanjeev Kumar Kamboj s/o Sh. 1.D. Kamboj, aged 51 years,
House No. 75, A Block Block Wave Estate Sector-85, Mohali, Distt S.A.S.
Nagar, Punjab-14038.
53. Sukhvir Singh s/o Sh. Sajjan Singh, aged 51 years r/o House no.
1286, Sector -15-B, Chandigarh.
54. Subhash Chander Verma s/o Sh. L.R. Verma, aged 54 years,
resident of House No. 159, Housefed Complex-1, Sector-79, Mohali.
55. Rajan Joshi s/o Manohar Lal, aged 54 years r/o House No. 5264-A,
Sector- 38, West Chandigarh-160038.
56. Kulwinder Singh s/o Sh. Ajit Singh, aged 57 years r/o VPO
Sansarpur, Jalandhar Cantt, Punjab-144001.
57. Raj Kumar s/o Sh. Jagir Dass, aged 50 years, r/o House No. 4118-
B, Sector-37-C, Chandigarh-160036.
58. Sandeep Arora s/o Sh. Daya Nand Arora, aged 53 years r/o House
No. 1324, Sector 49-B, Pushpak, Chandigarh.
59. Neeraj B. Arora s/o Sh. Gulshan Kumar Batra, aged 48 years r/o
House No. 1324, Sector 49-B, Pushpak Chandigarh.
1. Applicant no. 1 to 59 are working as Superintendent under the
control of the respondent no. 4.
60. Daljit Singh s/o Sh. Lachhman Singh, aged 57 years, r/o House
No. 10/17, Sehgal Colony, Ladowal Road, Jalandhar, Punjab-. (Asst.
Commissioner).
61. Santokh Singh s/o Sh. Ram Singh, aged 58 years, r/o House No.
92, Phase-1, Shaheed Krnail Singh Nagar, Pakhowal Road, Ludhiana-
141013. (Asst Commissioner,)
62. Sat Pal s/o Sh. Amar Das, aged 58 years, r/o House No. 231/7,
Jaswant Nagar, Garha Road, Jalandhar, Punjab-144022.(A.C.)
63. Sunil Kumar Bains s/o Sh. M.L. Bains, aged 56 years, r/o G-102,
Falcon View Sector-66-Airport Road, Mohali-140306(A.C.)
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64. Daljeet Kaur w/o Sh. Gurmej Singh, aged 59 years r/o House No.
6347, Sunny Enclave, Sector-125, Kharar, Mohali, Punjab-140301 (A.C.)
65. Shiv Rattan Kaushik s/o Sh. Khajan Singh, aged 59 years r/o
1257, Sector-17-C, Gurugram-122001. (A.C.).
1. Applicant no. 60 to 65 are working as Assistant Commissioner
under the control of the respondent no. 4.
66. Harpreet Singh s/o Late Gurbax Singh, aged 56 years, r/o House
No. 7, Gill Enclave, Near 22 No. Phatak, Patiala-147001. (Insp).
67. Satinder Goyal s/o Late Sh. ChandLal Goyal, aged 58 years r/o
House No. 747, Urban Estate Phase-2, Jalandhar City-144003 (Insp.).
1. Applicant no. 66 to 67 are working as Inspector under the control
of the respondent no. 4.
68. Ajay Kumar Pahooja s/o Sh. Ram Chand Pahooja, aged 54 years,
resident of House No. 1200, Sector-34, Chandigarh-160022.
(Superintendent, Retd, under VRS).
69. Ajay Singh s/o Late Sh. Bikram Singh, aged 51 years, resident of
Flat No. 26, Block No. B-2, Jamuna Apartment, Aujla, Kharar, Punjab-
140301. (Superintendent, Retd. under VRS).
70. Bhagwan Singh s/o Sh. Babu Singh, aged 56 years, r/o House no.
268, Divine City, Ferozepur, Road, Jhande, Ludhiana, -141201.
(Superintendent, Retd under VRS).
71. Manchander Kumar s/o Mohinder Ram, aged 57 years, r/o House
No. 2747, Sector-40-C, Chandigarh -160036. (Superintendent retd under
VRS).
72. Munish Arya s/o Late Sh. Rajinder Lal Sud, aged 54 years, r/o
House No. D-105, Gillcom Towers, Sector 127, Kharar (Punjab)-140301.
(Superintendent, Rted under VRS)
73. Naresh Kumari do Sh. Gurmej Chand Kler, aged 56 years, r/o
House No. 2747, Sector-40-C, Chandigarh-160036. (Superintendent retd
under VRS).
74. Ramesh Chand Sharma s/o Sh. Sada Nand Sharma, aged 65 years
r/o Village Kotlu, Post Office Bahina, Tehsil Barsar, Distt, Hamirpur, H.P. -
174305.(Superintendent).
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75. Randhir Singh s/o Sh. Dayal Singh, aged 55 years, r/o House No.
210, Cheemanagar, Model Town, Jalandhar, -144003, (Superintendent).
76. Sunil Kumar Bansal s/o Sh. Suraj Bhan, aged 49 years r/o House
No. 175, Model Town, Phase-II, Bathinda, Punjab (Supdt).
77. Hira Lal Koul s/o Arjan Nath Koul, aged 60 years r/o House No. 95,
Lane No. 1, Sector-B-1, Laxmipuram, Chinore, Bantalab, Jammu. (Supdt)
78. Inder Pal Kaur e/o Sh Sohan Singh, aged 61 years r/o House No.
125. Ghuman Nagar, Backside Jaggi Sweets, Sirhind Road, Patiala,
Punjab.(Supdt.).
Applicants No. 68 to 78 are Retd. Superintendent.
79. Pritpal Singh s/o Sh. Surjit Singh, aged 60 years, r/o House No.
903, the Views Emaar, Sector 105, Mohali, S.A.S. Nagar, Punjab -
140306. (Asst. Commissioner, Retd). (Group-A, B)
...Applicants
(BY ADVOCATE: Mr. K.B Sharma/Mr. Dharam Singh)
VERSUS
1. Union of India through the Secretary, Government of India, Ministry of
Finance, Department of Revenue, North Block, New Delhi-110001.
2. The Secretary, Govt of India, Ministry of Finance, Department of
Expenditure, New Delhi-110001.
3. The Principal Chief Commissioner, (CZ) CGST Commissionerate,
Central Revenue Building, Plot No.19, Sector 17-C. Chandigarh-160017.
4. The Principal Commissioner, (Cadre Controlling Authority) CGST
Commissionerate, Central Revenue Building, Plot No.19, Sector 17-C,
Chandigarh-160017
...Respondents
(BY ADVOCATE: Mr. Ashwani Sharma through V.C)
O R D E R(Oral)
Per: SURESH KUMAR BATRA, MEMBER (J):
1. The instant Original Application has been filed by the applicants, who are/were the Inspectors/Superintendent/Assistant Commissioner in the CGST department, under Section 19 of the Administrative Tribunals Act 1985 seeking a direction to the respondents to grant the actual benefit of 8 upgraded pay scales retrospectively w.e.f. 01.01.1996, which had been given to them vide order dated 21.04.2004 with immediate effect. They have also prayed for quashment of letter dated 21.04.2024 (Annexure A-7) to the extent it granted up-graded pay scale w.e.f. 21.04.2024 instead of 01.01.1996 and impugned letter dated 25.07.2023 (Annexure A-8) denying the upgraded pay scale w.e.f. 01.01.1996.
2. The facts in brief are that before 5th Pay Commission, the Inspectors and Superintendents working in the respondent department as well as in the Income Tax Department were granted the pay scale of Rs. Rs.1640-2900/- and 2000-3500/- respectively. The 5th Pay Commission recommended the pay scale of Rs. 6500-10500/- in respect of Superintendent and Rs. 5500- 9000/- in respect of Inspectors w.e.f. 01.01.1996. The Respondent no.1, through O.M. dated 21.04.2004, revised the pay scale of both the cadres i.e. CBDT (Income Tax) and CBEC (Excise and Custom) to the scale of Rs. 7500- 12000/- in respect of Superintendent and Rs. 6500-10500/- in the case of Inspectors w.e.f. 21.04.2004. All the Ministries including the Ministry of Railway, Ministry of Finance, Divisional Accounts in Indian Audit and Accounts Department, Ministry of Personnel, PG and Pension have granted higher Pay Scales based on the same anomaly which was created by the 5th Pay Commission w.e.f. 01.01.1996 notionally and the actual from the date stated in the order, vide orders dated 07.03.2003. However, in case of applicant, the benefit of higher pay scale has been granted w.e.f. 21.04.2004 only. The applicants have relied on the Hon'ble Apex Court judgment rendered in Civil Appeal No. 1663/2016 titled as Union of India & Others vs D.G.O.F. Employees Associations, decided on 09.11.2023, wherein the Hon'ble Apex Court has held that "historical pay parity cannot be disturbed. Similarly the up-gradation of pay scale was granted w.e.f. 01.01.1996 to the employees working in Ministry of Commerce and Industry vide order dated 22.01.2019 in compliance to the judgment rendered by the Hon'ble Madras High Court rendered in W.P. No. 5096/2009 and upheld by the Hon'ble Apex Court in SLP No. 26615/2011.
3. It has been pleaded that similar issue was adjudicated by the Kolkata Bench of this Tribunal in OA No. 397 of 2009 dated 10.07.2012 therein granting up-graded pay scale w.e.f. 1.1.1996 on notional basis and arrears from 21.04.2004 onwards. The Union of India has assailed the Order before the Hon'ble Calcutta High Court in WP(CT) 21/2015, titled as Union of India and others vs Ashish Chakraborty & Others, wherein, Hon'ble High Court vide order dated 03.05.2023, directed the Union of India to 9 constitute a Special Anomaly Committee. In view of the directions of Hon'ble High Court, Calcutta, the Government of India, Ministry of Finance, has constituted a Special Anomaly Committee with the approval of the Competent Authority. The Special Anomaly Committee while admitting the said anomaly, had recommended that the notional fixation with effect from 01.01.1996 and the actual payment as well as arrears thereupon to be given from 21.04.2004 i.e. the date of issuance of OM by the Department of Expenditure F. No: 6/37/98-IC dated 21.04.2004, in the case of each of the petitioners to the Writ Petition. The recommendations of the Special Anomaly Committee were accepted by the Government of India and consequently, the Government of India, Directorate of Income Tax, Human Resource Development, Central Board of Direct Taxes vide order dated 22.09.2023, has extended the benefits to the applicants therein only. The applicants have also relied on the judgment of the Hon'ble Kerala High Court in O.P. (CAT) 936/2017, wherein directions given by the Tribunal directing the respondents therein for grant of up-graded pay scale w.e.f. 01.01.1996 on notional basis was upheld by the Hon'ble High Court vide order dated 16.01.2024.
4. It has also been pleaded that the applicants of the same department (Custom & Central Excise) approached the Hyderabad Bench of this Tribunal claiming up-gradation of their pay scales w.e.f. 01.01.1996 (instead of 21.4.2004) by filling OA. No. 1089/2019 titled as Cyril Joseph & Others vs Union of India & Others, and 11 others batch of O.A.s wherein the Hon'ble Tribunal allowed batch of O.A.s vide order dated 09.01.2024, holding that employees therein are entitled to up-graded pay scale w.e.f. 01.01.1996 on notional basis. Thereafter, the Union of India has assailed the order of Hyderabad Bench of this Tribunal in WP No. 10490/2024 before Hon'ble High Court of Telangana at Hyderabad, wherein, the Hon'ble High Court vide order dated 09.08.2024 has upheld the order of Hyderabad Bench of this Tribunal in OA. No. 1089/2019 titled as Cyril Joseph & Others vs Union of India & Others, and 11 others batch of O.A.s. It has also been submitted by learned counsel for the applicants that the SLP preferred by the respondents against the order dated 09.08.2024 of Hon'ble Telangana High Court has been dismissed by the Hon'ble Apex Court vide order dated 28.02.2025.
5. The main contention of the applicants is that in other departments such as Railway Account Staff, Organized Accounts Cadre, Divisional Accounts and Geological Survey of India, the effect of similar upgradation of the pay 10 scales was given from 01.01.1996, therefore, the applicants are also entitled to the same benefit.
6. The respondents have filed written statement contesting the claim of the applicant. It has been stated therein that the nature of work between the two services is not comparable, therefore, the applicant cannot seek parity with the other departments to claim retrospective effect of pay revision w.e.f. 01.01.1996, which has been granted to them vide order dated 21.04.2004 with immediate effect. It has also been submitted that application of retrospective effect would have burdensome immense financial implications, which are not merited by law or otherwise. They have also placed on record the decision dated 02.11.2017 (O.A. No. 292/2011) of Cuttack Bench of the Tribunal rejecting the similar claim challenging the order dated 21.04.2004 issued by the Department of Expenditure to the extent of effective date of pay revision. They have also taken the objection of limitation as well.
7. The applicants filed rejoinder and buttressed their contention of O.A. being in limitation by placing a judgment of Hon'ble Supreme Court. They have also reiterated their contention of seeking parity on the ground that the duties performed by the category of applicants are more arduous and hazardous than the officers of Delhi Police and CBI etc.
8. We have gone through the pleading, perused the material available on record and considered the rival contentions of learned counsel for both sides.
9. The identical issue has already been adjudicated by this Tribunal in O.A No. 207/2022 and connected matters, on 13.11.2024, wherein, it has been held by this Tribunal as under:
"In view of the discussion hereinabove, all the Original Applications stand allowed in the following terms:-
(i) The O.M. dated 21.04.2004 stands quashed and set aside to the extent it grants the benefit of upgraded pay scales to the applicant with immediate effect.
(ii) The applicants are held entitled to the benefit of upgraded pay scales, given to them vide order dated 21.04.2004, notionally w.e.f. 01.01.1996 and actually from 21.04.2004.
(iii) The applicants are also held entitled to the consequential benefit of fixation of pay/pension and arrears thereof, pursuant to notional fixation of 11 upgraded pay scales w.e.f.01.01.1996.
(iv) The order dated 28.12.2018 (Annexure A-2 in O.A. No. 207/2022) rejecting the claim of the applicant is hereby quashed and set aside. The benefit in terms of the above directions be granted to the applicants within a period of three months from the date of receipt of a copy of this order. There shall be no orders so as to cost."
10. In order to maintain judicial propriety and consistency, we of the view that the applicants herein are also entitled for same relief as has been granted to other similar situated persons. Therefore, the instant O.A is allowed in the following terms:
i. The O.M. dated 21.04.2004 stands quashed and set aside to the extent it grants the benefit of upgraded pay scales to the applicant with immediate effect.
ii. The applicants are held entitled to the benefit of upgraded pay scales, given to them vide order dated 21.04.2004, notionally w.e.f. 01.01.1996 and actually from 21.04.2004. iii. The applicants are also held entitled to the consequential benefit of fixation of pay/pension and arrears thereof, pursuant to notional fixation of upgraded pay scales w.e.f.01.01.1996.
iv. The order dated 04.08.2023 (Annexure A-8) rejecting the claim of the applicants is hereby quashed and set aside.
11. The benefit in terms of the above directions be granted to the applicants within a period of three months from the date of receipt of a copy of this order. There shall be no orders so as to cost.
(ANJALI BHAWRA) (SURESH KUMAR BATRA)
Member (A) Member (J)
*ms