Central Administrative Tribunal - Kolkata
Indranil Roy Chowdhury vs Central Excise And Customs on 3 November, 2025
1 O.A. 350/00224/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00224/2024 Heard on: 22.09.2025
Date of order: 03.11.2025
Present : Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
Indranil Roy Chowdhury,
Son of Late Sandip Kumar Roy Chowdhury,
Aged about-47 years,
Residing at Amarjyoti Park,
P.O. Rasapunja, P.S.-Bishnupur,
South 24 Parganas, Kolkata-700104,
Working as Assistant Director,
DGGST, office of the Principal Additional Director General,
Directorate General of Goods and Services Tax
Eastern Zonal Unit, GST Bhawan,
8th Floor, Room No. 825, Shanti Pally,
Rajdanga Main Road,
Kolkata-700107.
..... Applicant
- VERSUS-
1. Union of India, service through the Secretary,
Department of Revenue,
Ministry of Finance, Govt. of India,
North Block,
New Delhi-110001.
2. The Chairman,
СВІС,
North Block,
New Delhi-110001.
3. The Principal Director General DGTS,
C.R. Building, I.P. Estate,
New Delhi-110109.
.... Respondents
For the Applicant : Mr. A.K. Manna, Counsel
For the Respondents : Ms. E. Sinha, Counsel
Ms. M. Mukherjee, Counsel
Mr. B. Mukherjee, Counsel
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
Shantanu
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb414
3baf81a658d7fbc937c888, PostalCode=712223,
S=West Bengal, SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4
812359eaee8938da0637e, CN=Shantanu
Pramanik
Pramanik
Reason: I am the author of this document
Location:
Date: 2025.11.06 10:44:29-08'00'
Foxit PDF Reader Version: 2024.3.0
2 O.A. 350/00224/2024
ORDER
Per Ms. Urmita Datta (Sen), Judicial Member:
The instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:-
"(i) Declare the action of the respondents in giving the benefit of the replacement scales for Commissioners/ Superintendents Central Excise/Superintendents of Customs/ Appraisers, with effect from 21.04.2004, and not with effect from 01.01.1996, vide Office Memorandum No. F. No. 6/37/98-IC dated 21.04.2004 (Annexure A-01) as arbitrary, discriminatory and thus illegal;
(ii) Direct the Respondents to pay to the applicant Rs.6500 x Rs.10,500/- & Rs.7,500- Rs.12,000/- on notional basis from 01.01.1996 and actual basis w.e.f. 21.04.2004 with all consequential benefits as made vide F. No. C-18011/ASHIS CHAKRABORTY/2009 VNL/4743, dated 22.09.2023 including arrears of pay within a specified time limit.
(iii) Direct the respondents to pay interest @ of 12% per annum on the arrears on account of revision of pay to the applicant herein.
(iv) Quash and/or set aside the impugned Estt. Order(s) No.12/2024 & Nil, dated 12.01.2024 (v ) Pass such other direction or directions order or orders as this Hon'ble Tribunal may deem fit and proper to meet the ends of justice."
2. Brief facts of this case are as under:-
(a) The applicant was appointed as Inspector of Customs prior to 01.01.1996 in the then existing scale of pay of Rs.1640-Rs.2900 which was subsequently revised to Rs.2000-3200 and thereafter to Rs.5500-
9000 (as per recommendation of Vth CPC). Subsequently he was promoted to the post of Superintendent and further elevated to the post of Assistant Commissioner.
(b) After implementation of the Vth CPC w.e.f. 01.01.1996, parity between the Inspectors of CBI/IB and the Inspectors of Central Excise & Customs which had existed till the time of IVth CPC was disrupted and it significantly affected all the promotional posts in the hierarchy viz. Superintendents and Assistant Commissioners in the matter of scale of pay.
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0
3 O.A. 350/00224/2024
(c) The pay scale of the Inspectors in the Department prior to 1996 was on par with similar posts in the organized Accounts Department i.e, Senior Accounts Officer, Comptroller & Auditor General Department, Divisional Accountant, Labour Department, Section Officer, Central Secretariat Staff (CSS) Department, Assistant Grade, Railway Department, Accounts Staff, Income Tax Department, which were classified as Grade-C Non-Gazetted prior to 1996.
(d) Pursuant to the Vth Central Pay Commission in the year 1996, all the posts similar to the posts of Inspector of Central Excise & Customs Department were placed in the pay scale of Rs.5500-175-9000/- as a result of which the parity between the Inspectors of CBI/IB and the Inspectors of Central Excise and Customs which had existed prior to 01.01.1996 was disrupted and it significantly affected all the promotional posts in the hierarchy viz. Superintendents and Assistant Commissioners in the matter of scale of pay.
(e) All India Federation of Central Excise Officers Association had filed O.A.No.45 of 1992 and O.A.No. 63 of 1997 before the Guwahati Bench of this Tribunal seeking payment of revised pay scales. The Central Administrative Tribunal, Guwahati Bench vide orders dated 19.01.2001 in O.A.No.45 of 1992 and O.A.No. 63 of 1997 held that there was hostile discrimination in pay scales between the posts of Senior Auditors in IA & AD Department and the Assistants of Central Secretariat Staff (CSS) and directed to grant pay scale of Rs.1640-2900 (pre-revised), corresponding to revised pay scale of Rs.5500-9000/- The said order was challenged by the Department before the High Court of Guwahati and the Hon'ble High Court of Guwahati had confirmed the said order vide order dated 16.09.2022.
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 4 O.A. 350/00224/2024
(f) Thereafter, the Secretaries of Expenditure, Joint Secretary (P) and OSD of Implementation Cell decided to grant higher grades on notional basis w.e.f. 01.01.1996 with actual payments being made prospectively in terms of formulation approved by the Group of Ministers for the Accounts Staff of Railways. Accordingly an Official Memo dated 28.02.2003 upgrading the pay scale of Senior Auditors notionally w.e.f.
01.01.1996 and actual payment w.e.f. 19.02.2003 was issued. Thus, the pay scale of Assistants of CSS, who were in the pay scale of Rs.1640- 2900/- (pre-revised) was enhanced to Rs.6500-10500/-w.e.f. 01.01.1996 notionally and effectively from 19.02.2003. The above benefit was notionally extended to w.e.f. 01.01.1996 uniformly to all posts, which were on par with Section Officer, but the actual date of payment varied from Department to Department.
(g) The Government of India, Ministry of Finance, Department of Expenditure had considered the matter and upgraded the pay scales of the posts under CBDT and CBEC under the Department of Revenue vide Order dated 21.04.2004 (Annexure A/1), whereby the existing pay scales of the posts of Income Tax Inspector, Inspector (Central Excise), Examiner (Customs) and Preventive Officer (Customs) were revised from 5500-9000 to 6500-10500 and the pay scales for the posts of Income Tax Officer, Appraiser (Central Excise), Superintendent (Central Excise), Superintendent (Customs Preventive) were revised from Rs.6500-10500 to Rs.7500-12000 with immediate effect i.e. from 21.04.2004, whereas the officers serving in other Central Government Departments on similar capacity were given such benefits retrospectively w.e.f. 01.01.1996. This invited series of litigations in various benches of Central Administrative Tribunal and also in Hon'ble High Courts.
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
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(h) The Inspector's Association of the Income Tax Department filed O.A.No.86 of 2008 before the Central Administrative Tribunal, Mumbai Bench seeking notional fixation of enhanced pay scale w.e.f. 01.01.1996, which was allowed vide order dated 17.01.2012 by directing the respondents therein to give necessary instructions for fixing the notional date of implementation w.e.f. 01.01.1996 and pay the arrears of salary.
(i) Thus, the applicant herein has claimed that he being Inspectors in the Central Excise Department and being affected by the very same Office Memorandum dated 21.04.2004 are also entitled for notional pay fixation w.e.f. 01.01.1996 being the similarly situated persons with the applicants in the aforementioned O.A.No.86 of 2008. However, despite the decision of the Central Administrative Tribunal, Mumbai Bench in O.A.No.86 of 2008, the respondent authorities in the said O.A. vide Order dated 28.12.2018, informed that the Department of Expenditure did not agree for ante-dating the effective date of upgraded pay scale from 1996, at least for notional benefit.
(j) Aggrieved by the order dated 28.12.2018, the applicants in O.A.No.86 of 2008 and some others had approached the Central Administrative Tribunal, Hyderabad Bench at Hyderabad by filing O.A.No.1089 of 2019 and batch. The Tribunal vide common order dated 09.01.2024 allowed the said OAs by directing the respondents to grant enhanced pay scale of Inspectors/ Superintendents in the Central Tax and Customs Department from 01.01.1996 notionally to all the applicants with consequential arrears.
(k) In the meantime, some other applicants, who were similarly situated and circumstanced had filed O.A.397 of 2009 before Calcutta Bench of this Tribunal, wherein order was issued in favour of the applicants. Challenging the said order of this Tribunal the respondents of the said Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 6 O.A. 350/00224/2024 O.A. had approached the Hon'ble High Court at Calcutta by filing W.P.C.T. 21 of 2015, which was disposed of on 03.05.2023 (Annexure A/2) by directing the Union of India to constitute a Special Anomaly Committee to decide the issue. Pursuant to the said order of the Hon'ble High Court at Calcutta, an Anomaly Committee was constituted, who had considered the matter and recommended enhanced pay scale notionally w.e.f. 01.01.1996 and actually w.e.f. 21.04.2004, which was accepted by the Government of India vide CBDT's letter dated 22.09.2023 (Annexure A/3).
(l) However, aggrieved by the common order dated 09.01.2024, the respondents of the O.A.No.1089 of 2019 and batch approached Hon'ble Telangana High Court, Hyderabad by filing Writ Petition No.10490 of 2024, which was disposed of vide Order dated 09.08.2024. Relevant portion of the said Order reads as under:-
"24. In the light of the above discussion, this Court is of the considered opinion that once a special Anomaly Committee was constituted in CBDT pursuant to the orders of Kolkata High Court and based on the recommendations of the said Committee, when it was implemented retrospectively w.e.f. 01.01.1996 in the CBDT, there is no need to constitute separate Special Anomaly Committee for the CBIC again since the Department of Revenue being the common for both the CBDT and CBIC.
25. Further, as per the Office Memorandum dated 06.02.1998, there will be two level Anomaly Committees, National and Departmental. The National Anomaly Committee deals with the common to two or more Departments and in respect of the common categories of employees; and that Departmental Anomaly Committee will deal with the Anomalies pertaining to exclusively to the Department concerned and therefore, Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 7 O.A. 350/00224/2024 CBDT and CBIC being two separate boards under the same Department of Revenue, the recommendations of Special Anomaly Committee constituted pursuant to directions of Hon'ble High Court of Kolkata in W.P.(CT)No.21 of 2015 have to be applied to the entire Department.
26. In view of the above discussion, this Court is of the considered opinion that the Tribunal had rightly allowed the O.A.No.1089 of 2019 and batch vide order dated 09.01.2024 directing the petitioners herein to grant enhanced pay scale of Inspectors/Superintendents in the Central Tax and Customs Department from 01.01.1996 notionally to the respondents along with consequential arrears. The petitioners failed to point out any illegality or irregularity in the impugned order, therefore, this Court is not inclined to interfere with the impugned order passed by this Tribunal.
27. The Writ Petition fails and is accordingly dismissed. There shall be no order as to costs."
The aforesaid judgment was further upheld by the Hon'ble Supreme Court in S.L.P. (Civil) No.59005/2024 vide Order dated 09.10.2024. Thus, the Order passed by the Hyderabad Bench of this Tribunal in O.A.No. 1089 of 2019 has attained finality.
(m) The applicant in the instant O.A., being similarly situated and circumstanced with the applicants in the aforementioned cases, had filed representations to the authorities concerned praying for notional fixation of their pay scale w.e.f. 01.01.1996 and actual fixation from 21.04.2004 as accepted by the Government of India vide the aforementioned CBDT's letter dated 22.09.2023, but their case was rejected by the respondents. Hence this O.A.
3. Learned Counsel for the respondents has refuted the claim of the applicants in the following manner:-
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu PramanikPramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 8 O.A. 350/00224/2024
(a) The applicant is not entitled to any relief based on the aforesaid cases as referred to above as they chose to remain silent/ fence sitters for a considerably long period after the cause of action arose. Therefore, this O.A. should be barred by limitation. Moreover, their pay scale was revised vide policy decision dated 21.04.2004 in which severe financial implications were involved and as per the law laid down by the Hon'ble Apex Court, courts/Tribunals should refrain themselves from interfering in economic policies of the Government. Therefore, the applicants' prayers are not tenable.
(b) Further, the issue of upgradation of pay scale of Superintendents/Inspectors working in CBDT and CBEC was considered in detail by the authorities in consultation with the Department of Expenditure and it was a policy decision by the Government of India to upgrade the pay scales of the Inspectors and Superintendents or their equivalents working in CBDT and CBEC w.e.f. 21.04.2004 vide O.M. issued on 21.04.2004(Annexure A/1) and not from 01.01.1996.
(c) It is true that several litigations were filed before different benches of this Tribunal and also before the Hon'ble High Courts such as Bombay High Court, Telangana High Court and the High Court at Calcutta on the same issue and orders were passed in favour of the employees concerned but all these orders were passed in personam including the order of the Hon'ble High Court at Calcutta dated 03.05.2023 in W.P.C.T. 21 of 2015. Since the present applicants were not parties in those matters, they could not be granted benefit of the subsequent decision of the Government of India vide letter dated 22.09.2023.
(d) The issue was once again examined by the Department of Expenditure but they did not agree to extend the benefit of enhanced pay Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 9 O.A. 350/00224/2024 scale to the officers of CBIC with retrospective effect from 01.01.1996 and issued an Office Order dated 25.07.2023. However, the Government of India had extended the benefit of enhanced pay scale only to those officers who had approached the Tribunals and also the Hon'ble High Courts.
(e) The principle of equal pay for equal work is not applicable to this case as the Expert Body during implementation of the Report of Vth CPC opined that the nature of work of the officers of CBDT and CBEC is different from that of the officers of CBI and Police. The matter was further considered in the VIth CPC and rejected by the Expert Body which was reflected in Para 7.15.16 of the VIth CPC's Report. Therefore, these applicants have no right to claim parity with the officers of CBI and Police.
(f ) The respondents have also stated that in case the Tribunal decides to extend any relief to the applicants, arrear payment should be restricted to three years prior to filing of this O.A. in accordance with the settled law of the land and not with effect from 01.01.1996.
4. Heard Learned Counsel for both sides and perused the pleadings and documents placed on record.
5. The short question to be decided in this O.A. is whether the applicants can be granted the benefit of notional pay fixation w.e.f. 01.01.1996 and actually w.e.f. 21.04.2004.
6. At hearing, Learned Counsel for the applicant has reiterated the aforementioned facts as stated in Para 2 of this order and vociferously argued that the contentious issue i.e. the benefit of enhanced pay scale notionally w.e.f. 01.01.1996 and actually w.e.f. 21.04.2004 is not more res integra in view of the following judgments and developments:- Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 10 O.A. 350/00224/2024
a) Hon'ble Telengana High Court's Order, dated 09.08.2024 in W.P. No. 10490/2024.
(b ) Hon'ble Supreme Court's Order, dated 28.02.2025 dismissing the SLP, arising out of Hon'ble Telengana High Court's Order dated 09.08.2024.
(c) Hon'ble Calcutta High Court's Order, dated 19.03.2025 in W.P.C.T. No. 6 of 2025, arising out this Hon'ble Tribunal's Order, dated 23.01.2024 in O.A. No. 114 of 2024.
(d) Hon'ble Calcutta High Court's Order, dated 07.04.2025 in W.P.C.T. No. 49 of 2025, arising out of this Hon'ble Tribunal's Order, dated 16.04.2024 in O.A. No. 453 of 2024
(e) CBDT's letter, dated 17.05.2025 in implementation of Order of Hon'ble Kerala High Court dated 16.01.2024 passed in OP (CAT) No. 01/2023 and in connected cases "in personam".
(f) CBDT's letter, dated 18.06.2025 for extension of such benefit to the petitioners before Bombay High Court in W.P. No. 9649 of 2012.
(g) CBIC's letter dated 25.06.2025, which shows consultation with DoE for implementation of Hon'ble Bombay High Court Judgment, dated 09.08.2024 in W.P. No. 10490 of 2024 in the face of dismissal of SLP vide Hon'ble Supreme Court's Order dated 28.02.2025.
7. Learned Counsel for the applicant has brought on record a letter dated 04.09.2025, wherefrom it appears that some employees had approached the C.A.T., Chandigarh Bench on the similar issue. In Para 2 of the said letter dated 04.09.2025, it has been stated that the matter was examined in consultation with nodal Ministry and vide letter dated. 27.08.2025 directions had already been issued for implementation of orders of this Tribunal in O.A.No.363/2023 and O.A.No.392/2024 on 'in- personam' basis, not to be quoted as precedent referred to above. Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 11 O.A. 350/00224/2024 Accordingly, it was requested to implement the Court Orders passed by Chandigarh Bench of this Tribunal in respect of O.A.No.669/2023, O.A.No.1369/2022 and O.A.No.66/2023 also on 'in personam basis' and not to be quoted as precedent in respect of the applicants only, subject to condition that the zone(s) must ensure that the judgments in the above mentioned cases are similar to the judgment/order dated 09.01.2024 passed by C.A.T, Hyderabad Bench and upheld by Hon'ble High Court for the State of Telangana at Hyderabad, against which SLP was dismissed.
A compliance report was also directed to be filed before the appropriate judicial forum under intimation to the Board. A copy of the letter dated 27.08.2025 has also been enclosed with the letter dated 04.09.2025, wherefrom it appears that the same decision was communicated to the CGST Chandigarh Zone/CGST Calcutta Zone, CGST Bhopal Zone, CGST Delhi Zone.
8. So far as the delay and laches in approaching the court is concerned, it has been stated by the applicant that pay fixation is a recurring cause of action in terms of the propositions of the Hon'ble Supreme Court. We find that in this matter several litigations were filed before various judicial forums and after prolonged litigations, a Special Anomaly Committee constituted as per judgment of the Hon'ble High Court At Calcutta dated 03.05.2023 in W.P.C.T.No.21 of 2015 submitted its report only on 22.09.2023, whereafter the applicants have approached this Tribunal claiming the similar benefits as granted to other similarly situated employees.
9. From perusal of the aforementioned letters dated 27.08.2025 and 04.09.2025, it is clear that all the orders passed by various Hon'ble Courts on the issue had already been implemented by the respondents Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 12 O.A. 350/00224/2024 in 2025 itself on in personam basis. Therefore, the contention of the respondents regarding limitation is not applicable.
10. On the other hand, Learned Counsel for the respondents has referred to some judgments passed by the Hon'ble Supreme Court and contended that the claim of the applicants is not tenable in view of the law laid down in the following cases:-
(i) State of Uttar Pradesh & Others Vs. Arvind Kumar Srivastava and Others reported in (2015)1 SCC 347;
(ii) Union of India & Others Vs. Tarsem Singh reported in (2008)8 SCC 648;
(iii) State of Madhya Pradesh & Others Vs. Yogendra Shrivastava reported in (2010)12 SCC 538;
(iv) Asger Ibrahim Amin Vs. Life Insurance Corporation of India reported in (2016)13 SCC 797;
(v) Rushibhai Jagdishbhai Pathak Vs. Bavnagar Municipal Corporation reported in (2022) 18 SCC 144;
(vi) Punjab State Cooperative Milk Producers Federation Limited & Another Vs. Balbir Kumar Walia & Others reported in (2021)8 SCC 784;
(vii) State of Maharashtra & Another Vs. Bhagwan & Others reported in (2022)4 SCC 193.
We find that the judgment of State of Uttarpradesh Vs. Arvind Kumar Srivastava and Others was passed by the Hon'ble Supreme Court in favour of the applicant, wherein it was held that "........normal rule is that when a particular set of employees is given relief by court, all other identically situated persons should be treated alike by extending same benefit since not doing so would amount to discrimination and be violative of Art. 14 of the Constitution."
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 13 O.A. 350/00224/2024 The judgment of Hon'ble Apex Court in Tarsem Singh (supra) is not applicable to the instant case, which is related to limitation. In this judgment, it has been observed that "Continuing wrong is a single wrong causing continuous injury and recurring /successive wrong on the other hand occurs periodically giving rise to distinct and separate cause of action". It has further been stated that "An exception to this principle is however the cases of continuing wrong which can be entertained despite delay but arrears should have been restricted to three years prior to filing of writ petition". Similar view was taken by the Hon'ble Supreme Court in Rushibhai Jagdishbhai Pathak Vs. Bavnagar Municipal Corporation that the applicants would be entitled to get arrears only for three years prior to the date of filing of writ petitions. These judgments are distinguishable from the instant O.A. since in this case there was a continuous cause of action and the respondents have implemented the judgments of various courts in 2024 and 2025.
The judgment of Hon'ble Supreme Court in State of Madhya Pradesh & Others Vs. Yogendra Shrivastava is related to a completely different issue.
The next judgment of the Hon'ble Supreme Court in Asger Ibrahim Amin Vs. Life Insurance Corporation of India is related to the point of delay, which does not apply to the instant O.A. for the reasons already stated above. The subject matters of other two judgments of the Hon'ble Supreme Court as referred to by the Learned Counsel for the respondents i.e. Punjab State Cooperative Milk Producers Federation Limited & Another Vs. Balbir Kumar Walia & Others and State of Maharashtra & Another Vs. Bhagwan & Others are completely different from the subject matter in the instant O.A., therefore, those judgments are not applicable to this case.
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu PramanikPramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 14 O.A. 350/00224/2024
11. The Hon'ble Supreme Court in State of Karnataka & Others vs. C. Lalitha reported in (2006) 2 SCC 747 held in Para 29 that "Service jurisprudence evolved by this Court from time to time postulates that all persons similarly situated should be treated similarly. Only because one person has approached the court that would not mean that persons similarly situated should be treated differently." Therefore, it is a settled law that once a benefit has been granted to a set of employees, the same benefit has to be extended to other similarly placed persons.
12. In the instant case, it is established that the decision to upgrade the pay scales of Inspectors of Customs and Superintendents and other equivalent posts was taken based on the report of the Vth CPC, which was given effect from 01.01.1996. The counterparts of the applicants under the same Ministry as well as in other departments such as Railway Accounts and Postal Accounts etc. had successfully received the benefits of upgraded pay scales w.e.f. 01.01.1996, whereas the applicants had not been given the same benefits from the said date for the reasons best known to the respondents.
13. In the light of the referred judicial pronouncements as well as the recommendation of the Special Anomaly Committee, it is evident that denial of retrospective application of the revised pay scales for the applicants, who are similarly situated with the officers of other departments constitutes a violation of the principles of equality and fair treatment under Article 14 of the Constitution of India. Hon'ble High Courts and Hon'ble Supreme Court have time and again emphasized the necessity for uniform application of benefits across similarly situated employees, mitigating the inequity that arises when distinct treatments are applied arbitrarily. In the present case we find that the recommendations made by the Special Anomaly Committee for fixation of Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0 15 O.A. 350/00224/2024 the applicant's pay scales underscore this necessity for equitable treatment.
14. In view of the foregoing discussions, we are of the view that the various orders passed by Hon'ble Courts as referred to hereinabove are the judgment in Rem, which are applicable to all the similarly circumstanced employees including the applicants in the present O.A. and such judgments cannot be treated 'in personam'.
15. Accordingly, the impugned letter dated 12.01.2024 are quashed and set aside. Respondents are directed to extend the benefits of fixation of pay to the applicants in the scale of Rs.6500-10500 and Rs.7500-
Rs.12000/- w.e.f. 01.01.1996 on notional basis and w.e.f. 21.04.2004 on actual basis with all consequential benefits as ordered vide F.No.C- 18011/ASHIS CHAKRABORTY/2009 VNL/4743, dated 22.09.2023 including arrears of pay within a period of four months from the date of receipt of a copy of this order after verifying the date of joining of applicant.
16. With the aforesaid observations and directions, the O.A. stands disposed of. No order as to costs.
(Anindo Majumdar) [Urmita Datta (Sen)]
Administrative Member Judicial Member
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Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= Shantanu 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb414 3baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4 812359eaee8938da0637e, CN=Shantanu PramanikPramanik Reason: I am the author of this document Location:
Date: 2025.11.06 10:44:29-08'00' Foxit PDF Reader Version: 2024.3.0