could not yield any result, all India Federation of Central Excise Executive
Officers and some Inspectors filed O.A. No. 541/94 before the Hon'ble
CAT, Jabalpur Bench, Jabalpur with a prayer to direct the respondents to
grant the pay scale of Rs.2000-3200/- w.e.f. 01.01.1986 as granted to their counter parts in CBI/IB. The Hon'ble CAT, Jabalpur Bench, Jabalpur by order dated 24.02.1995 was pleased to observe that by looking at the 4th CPC recommendations, it transpires that the pay scale of Inspectors of Central Excise and Customs were intended to bring at par with the
Inspectors of CBI/IB and the applicants had a strong case for consideration
of parity by the 5th CPC. The Respondents were directed in the above case
to refer the matter to the 5th Pay Commission and it was further directed to place the applicants in the pay scale of Rs.2000-3200/- from the date their counterparts in CBI/IB have been placed in the said scale, if pay commission recommends same pay scale for both categories clearly directing the govt to pay the arrears of pay to the Central Excise Inspectors since when the pay scale of CBI Inspector was enhanced.
recommendations of the expert body as far as Inspectors of Central Excise is concerned and recommending the pay scale of Rs.2000-3200/- to the Inspectors of CBI/IB vide order dated 06.10.87 certainly created an anomaly in the pay scale between two equally placed sets of employees and the above decision is without any logic rational and resulted in hostile discrimination between the two sets of employees in the Central Government Department having been treated alike by the 5th CPC.
Respondents filed their counter and contested the matter, during pendency
of the O.A. granted the higher scale of pay of Rs. 6500-10500/- with effect
from 21.04.04 and the O.A. was disposed of on
11.01.2005 by observing that adjudication on the above issue for allowing higher pay scale comes to an end and nothing
more to be adjudicated in this issue. However, the applicants were given
liberty to find out remedies available to them to effect the above higher pay
scale from 01.01.86 / 01.01.96 at per with the Inspector of IB/CBI.
Thereafter one representation was preferred by Lokanath Mishra, General
Secretary, All India Association of Central Gazetted Executive Officers,
Bhubaneswar Unit, requesting to pass necessary orders for enhancement of pay scale of Inspectors, Central Excise and Customs from Rs. 1640-2900/-to Rs.2000-3200/- with effect from 01.01.86 and from 5500-9000 to 6500- 10500/- with effect from 01. 01. 96.
the same then why the same scales alone granted to the applicants from a later date.
in pay scale between the Inspectors of CBI/IB was also endorsed by the 4ih
CPC had to be maintained specially when all these posts were not
comparable with the post of Inspectors of Police in Delhi who were
allocated the higher scale of Rs. 6500-10500/- by the 5lh CPC. The pay
scale of Inspectors in CBI / IB however could not be reduced from the scale of Rs.6500-10500/- to Rs.5500-9000/-. Hence in accordance with
recommendations of the 5th CPC, the scale of Inspectors of Income Tax,
Central Excise and Customs / analogous posts had to be brought on par
with that of Inspectors in CBI/IB.
passed in O.A. No. 180/06 were not taken in to consideration while passing
the impugned order dated 09.02.2010.