DPC

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

President:                                             Address for communication:                                      Secretary General:

Kajal Kumar Mandal                         Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob. 9957366172       mail Id:aiacegeo2019@gmail.com        Site:cengoindia.blogspot.in       Mob. 9717510598

Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju

Vice Presidents: B C Khatik, K D Venkatraman  (Central) Swapan Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha, Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary: B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey East Zone Coordinator: Debasish Modak

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 38/AIB/D/25                                                                       Dt. 28.05.25

To,
The Chairman

CBIC, North Block,

New Delhi.

Sub: DPC for the post of Asstt. Commissioner.

Sir,

Kindly refer to the earlier representations of the Association about the continued delay in convening the DPC for the post of Assistant Commissioner.

2. It is again submitted with due regards that a significant number of officers are retiring every month without promotion despite of thousands of vacancies existing in the grade of Assistant Commissioner. The most of the Assistant Commissioners are already holding multiple charges overburdening them for the want of DPC.

3. The Association understands that the DPC process has been held in abeyance due to the court case pending in the Hon’ble CAT, Mumbai in OA No. 407/2020. We are informed that the final hearing in the matter was concluded on 10.03.2025 and the case has since been reserved for orders. However, more than two and half months have elapsed but the order is yet to be pronounced.

4. It is understood that Shri Santosh Mehra, Member (A), who was part of the bench that heard the matter, has since been transferred to CAT, Bangalore from Mumbai. It appears that his transfer may have inadvertently contributed to the delay in issuing the final order. We wish to bring to your kind notice that in a similar situation involving OA No. 21/1089/2019 and connected matters before the CAT Hyderabad, despite the transfer of Shri Sudhir Ranjan Mishra, Member (J) to CAT Cuttack, the order which was reserved on 17.10.2023, was subsequently pronounced on 09.01.2024 after appropriate administrative arrangements were made by the Hon’ble Principal Bench.

5. In view of this precedent, it is requested to kindly take up the matter with the Hon’ble Principal Bench of CAT, New Delhi and request to facilitate the pronouncement of the reserved order in OA No. 407/2020 by the Bench that originally heard the matter, at the earliest.

6. In addition to the above, your kind attention is also invited to another case namely Ashok Kumar vs. Union of India (OA No. 4762/2024) pending before CAT, New Delhi, where a blanket stay has been granted on the conduction of the DPCs for promotions from Group B to Group A. In this regard, it is submitted that the promotions to the post of Assistant Commissioner are made from following three feeder streams:

(i)     Superintendent of Central Excise

(ii)   Superintendent of Customs (Preventive)

(iii)  Appraisers of Customs

7. The promotion is governed by a fixed ratio of 13:2:1. Therefore, the pendency or legal challenge involving one feeder stream does not and should not affect the filling of vacancies for other two streams. Unfortunately, during the hearing in the Ashok Kumar case, this crucial aspect appears not to have been adequately presented resulting in a stay applicable to all streams.

8. Accordingly, it is requested that the departmental counsel in the Ashok Kumar matter may be specifically instructed to approach the Hon’ble Tribunal for partial vacation of the stay in respect of the streams of Superintendent of Central Excise and Superintendent of Customs (Preventive), so that the DPC for the post of Asstt. Commissioner may be convened at least for these streams, which are unrelated to the dispute raised by the petitioner.

9. The Association is very confident that these long-pending matters may be resolved with kind intervention of your goodself, thereby alleviating the undue hardship being faced by thousands of eligible officers for promotion who continue to serve the department with utmost dedication.

Thanking you,

Yours sincerely,

                                                                                                                                                       

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to:

(1)   The Revenue Secretary, North Block, New Delhi.

(2)   The Member (Admn.), CBIC, North Block, New Delhi.

Pay w.e.f. 01.01.96

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

President:                                             Address for communication:                                      Secretary General:

Kajal Kumar Mandal                         Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob. 9957366172       mail Id:aiacegeo2019@gmail.com        Site:cengoindia.blogspot.in       Mob. 9717510598

Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju

Vice Presidents: B C Khatik, K D Venkatraman  (Central) Swapan Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha, Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary: B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey East Zone Coordinator: Debasish Modak

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 30/AIB/P/25                                                                       Dt. 11.04.25

To,

1. The Secretary,                                                         2. The Secretary,

Department of Expenditure, Ministry of Finance,     Department of Revenue, Ministry of Finance,

North Block, New Delhi.                                            North Block, New Delhi.

3. The Chairman,

Central Board of Indirect Tax and Customs,

North Block, New Delhi.

Subject: Implementation of the orders of the Hon’ble High Court of Kolkata in WP.CT 49 of 2025, 74 of 2025 and 75 of 2025 in r/o retrospective implementation of the pay scale.

Sir,

            Kindly refer to the earlier requests of the Association communicating various court orders regarding retrospective implementation of pay scale of Inspectors and Superintendents w.e.f. 01.01.96 to amend OM No. 6/37/98-IC Dt. 21.04.04 of the Department of Expenditure and the orders all Dt. 07.04.25 of the Hon’ble High Court of Kolkata in WP.CT 49,74 & 75 of 2025 (copies enclosed).

2. It is brought to your kind notice with due regards that the pay scale of the Superintendents of Central Excise (now CGST), Superintendents of Customs, Appraisers of Customs and Income Tax Officers was revised to Rs. 7500-12000/- from Rs. 6500-10500/- and also of Inspectors of Central Excise, Preventive Officers of Customs, Examiners of Customs and Income Tax Inspectors to Rs. 6500-10500/- from Rs. 5500-9000/- prospectively w.e.f. 21.04.04, i.e., from the date of the issuance of the order vide OM No. 6/37/98-IC Dt. 21.04.04 of the Department of Expenditure instead of 01.01.96, all officers affected by the OM F. No. 6/37/98-IC Dt. 21.04.04 being similarly placed.

3. It is worth to mention that the said order should have been implemented w.e.f. the date of the implementation of the Central Civil Service, Revised Pay Rules, 1997, i.e., w.e.f. 01.01.96, since when the recommendations of the 5^th Central Pay Commission were implemented and disparity in comparison to other counterparts occurred.        

4. Various courts have already ordered to implement the Department of Expenditure OM No. 6/37/98-IC Dt. 21.04.04 w.e.f. 01.01.96 instead of 21.04.04 in r/o pay scale of Superintendents and Inspectors. Even the SLP Diary No(s). 59005/2024 filed by the UOI on this issue has been dismissed by the Hon’ble Supreme Court on 28.02.25 and the favourable orders from the various Central Administrative Tribunals and High courts are keeping continued regularly.

5. The Hon’ble High Coert of Kolkata like in W.P.C.T. 6 of 2025 ordered specifically in WP.CT 49 of 2025, 74 of 2025 and 75 of 2025 by dismissing the petition filed by UOI as below-

“We find that the present writ proceedings has become infructuous as the petitioner’s entitlement has already been affirmed by the Apex Court as per the proceedings taken note of above.”

6. In these cases, the UOI through its senior counsel admitted as below-

“The identical issue whether Inspectors in the Central Excise & Customs Department would be entitled to benefits of 5th Pay Revision Committee with effect from 01.01.1996 was decided by the Telangana High Court in Writ Petition No.10490 of 2024 in the case of R. Siva Shankara Sastry & Ors. Vs. the Union of India & Ors. The order of the Telangana High Court dated 09.08.2024 passed in the writ proceeding was assailed by the Union of India before the Apex Court. The S.L.P. (Civil) No. 59005 of 2024 has been dismissed on 28.02.2025 by the Apex Court.”

“Since the issue regarding entitlement of the petitioners to grant of benefits of 5th Pay Revision Committee with effect from 01.01.1996 stands settled in the above noted proceedings, nothing remains to be considered in the present proceedings.”

7. Thus, after above admission by the UOI before the Hon’ble High Court, nothing remains further in this case to be decided. Also nothing remains for UOI to wait in it except implementing the order and amend OM No. 6/37/98-IC Dt. 21.04.04 accordingly.

8. No need to submit that any order given by the Apex Court is always called as law of land and equally applicable to similarly circumstanced persons. It is also worth to mention that the court orders related to pay matters are always treated and implemented in rem unless ordered specifically to implement in personam.

9. There already exist so many orders of so many courts including the Hon’ble Supreme Court to give benefit of such matters to all similarly positioned persons. Same has been intended in the National Litigation Policy to minimise the litigations and not to force all equally placed/positioned persons to approach the legal courts on the same matter. The Hon’ble Supreme Court has also ordered to the govt. on various occasions to issue the circular to this effect to minimize the litigations to save the precious time of the Hon’ble courts and not to force the similarly situated persons to approach the courts. It is also worth to mention that it would be direct contempt of the orders of the Hon’ble Supreme Court, if such orders of the Hon’ble Supreme Court are not obeyed and implemented. 

10. In view of above, it is very much requested to kindly implement the OM F. No. 6/37/98-IC Dt. 21.04.04 w.e.f. 01.01.96 at an early date with all consequential benefits and due interest not less than the rate of interest on GPF to all the affected persons without enhancing the number of litigations in the matter by forcing more and more officers to be litigants against the various orders of the Hon’ble Supreme Court to give such benefits to all the equally placed persons.

            Thanking you,

Yours sincerely,

Encl: As above.                                                                                                                                   

(HARPAL SINGH),

Secretary General.

meeting with Chairman

 Friends, had a meeting with our Chairman yesterday on 08.04.25 and discussed the following issues-

1. DPC for the post of Asstt. Commissioner: The status of terribly delayed DPC was brought to his kind notice despite of thousands of posts being vacant and our officers being retired without promotion without any fault on their part for the want of DPC. He told that main reason is Bombay CAT case which they expect to be resolved soon as the CAT has already reserved the order. As soon as order from CAT comes, the picture will be cleared and the steps will be taken in accordance of the order.

2. Cadre Restructuring: The terribly delayed status of the ensuing cadre restructuring was also brough to his kind notice. He told that the same is held up due to the want of regular Revenue Secretary. He was apprised that 2118 temporary posts of Asstt. Commissioner are to be regularised in it otherwise these will  be lapsed in the month of December. He assured to do the needful. However, no details of the cadre restructuring proposal were disclosed by him. 

3. Arrears of pay since 01.01.1996: He was apprised about the various court cases coming regularly in the favour of our officers on this issue. It was also brought to his kind notice that the SLP of the Govt. on this issue has already been dismissed by the Hon'ble Supreme Court and nothing remains in it now. He told that matter has been referred to the Expenditure Department and we are waiting for their response to move further in the matter. 

Regards to all.   

AGT of ACs/DCs

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

President:                                             Address for communication:                                      Secretary General:

Kajal Kumar Mandal                         Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob. 9957366172       mail Id:aiacegeo2019@gmail.com        Site:cengoindia.blogspot.in       Mob. 9717510598

Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju

Vice Presidents: B C Khatik, K D Venkatraman  (Central) Swapan Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha, Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary: B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey East Zone Coordinator: Debasish Modak

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 29/AIB/T/25                                                                                 Dt. 09.04.25

To,

The Chairman,

CBIC, North Block,

New Delhi.

Sub: Annual General Transfers of Asstt./Deputy Commissioners.

Sir,

Kindly refer to the recent Annual General Transfer orders of the Asstt./Deputy Commissioners issued vide Office Order No. 68/2025 under F. No. A. 22013/01/2025-Ad. II Dt. 04.04.25 of the CBIC.

 

2. First of all, a lot of thanks for issuing the orders so timely perhaps first time in the history of the CBIC. The Association hopes and requests to get the things continued in the same manner in future too. It is also requested to kindly direct the field formations to issue the AGT orders for Group B and C officers well within the month of March in future and at the earliest this year as already requested to the CBIC by the Association with due justification. 

 

3. But, as far as the AGT transfer orders of Asstt./Deputy Commissioners issued vide above referred order are concerned, many officers having service left of three or less than three years have not been transferred to their requested/home station. As per the policy guidelines, they should have been placed at requested/home station.

 

4. It is a matter of great pains to mention that many officers having more than three years of service left, are enjoying regularly the desired posting since their promotion but other officers on account of having no source or resource are not being transferred to the desired place despite of being fallen under the prescribed criterion as per the policy guidelines.

 

5. It is well pertinent to mention that the policy was framed to avoid such deviations by which concerned officers are able to use their sources and resources under their vested interests to get desired station/zone/posting. There are many names who got favour in the matter of transfer and postings on account of the use of their sources and resources. Any deviation in r/o public interest may be understood but it is never understandable when it is used to favour the officers under their vested interests. The Association is unable to understand under what public interest such officers have been given desired posting by transferring them to the desired station/zone. Such officers have also not been touched in the recent orders issued vide Office Order No. 68/2025 under F. No. A. 22013/01/2025-Ad. II Dt. 04.04.25 referred above. It seems that such persons are above any guidelines and also above the CBIC or Department of Revenue or whole system and thus, nobody can touch them.  

 

6. In view of above, it is requested to kindly issue a rectification order duly following the guidelines and particularly moving those officers to other stations who understand themselves above the system as mentioned above. All grounds including three years or less service left, working spouse, medical of self and parents, deaf & dumb wards, wards studying in Board classes, mentally retarred wards etc. as also mentioned in the policy as well as DOPT guidelines may also kindly be given due consideration.

Thanking you,

Yours sincerely,

                                                                                                                                               

(HARPAL SINGH),

Secretary General.

 

Copy to the Revenue Secretary:

With the request for necessary action.

Loan basis postings

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

President:                                             Address for communication:                                      Secretary General:

Kajal Kumar Mandal                         Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob. 9957366172       mail Id:aiacegeo2019@gmail.com        Site:cengoindia.blogspot.in       Mob. 9717510598

Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju

Vice Presidents: B C Khatik, K D Venkatraman  (Central) Swapan Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha, Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary: B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey East Zone Coordinator: Debasish Modak

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 28/AIB/L/25                                                                       Dt. 09.04.25

To,

The Chairman,

CBIC, North Block,

New Delhi.

Sub: Draft SOP for loan-based transfer of Group ‘B’ (Non-Gazetted) and Group-C officers from one zone to anther zone under CBIC -  Reg.

Sir,

Kindly refer to the letter F.No. A.32012/56/2020-Ad.IIIA-Part dated 20.03.25 of the CBIC whereby inputs/remarks from CCAs are solicited in the matter within a month.

2. First of all, thanks for initiating the redressal of the grievances of the group B cadre including physical disability, working spouse, medical issues etc., although after a long gap of more than half a decade since closure of Inter Commissionerate Transfers vide CBIC circular dated 20.09.18.  

3. But it is pertinent to mention with due regards that Group B, Gazetted Officers, i.e., Superintendent/Appraiser have been excluded from the draft SOP. The inclusion of Group B Gazetted officers in it is necessary due to the following reasons:

(i) Group B Gazetted officers with working spouse are also in dire need of loan basis postings to enable them to live with spouse to lead smooth life by looking after the family responsibilities alongwith looking after the official work smoothly and peacefully.

(ii) As the policy of transfer is under consideration for spouse cases at Inspector level and below, it is not understood what would happen once officer gets promoted as Superintendent, weather the officer has to be separated from the spouse and family on promotion and choose between spouse/family and promotion. So, the Group B Gazetted officers should also be posted with working spouse at par with Group A officers as also provided in DOPT guidelines. It is also necessary to avoid the unwarranted litigations.

(iii) In such cases, no vigilance clearance is required. Nothing such also mentioned in DOPT guidelines to post husband and wife on the same station. Neither any such condition is mentioned regarding the officers with physical disability or medical issues or any other ground.

4. It is believed that it would have been better if the Group B Gazetted officers, i.e., Superintendent cadre would not have been excluded from loan basis postings, especially when there is policy for transfer on such grounds either available or under consideration for all the employees of the CBIC from top to bottom except Group B Gazetted officers.

5. In view of above, it is requested to kindly include the Group B Gazetted officers also in the loan basis postings to formulate the due guidelines.

Thanking you,

Yours sincerely,

                                                                                                                                                                        

(HARPAL SINGH),

                                                                                                                                               Secretary General. 

Retrospectivity of pay scale

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

President:                                             Address for communication:                                      Secretary General:

Kajal Kumar Mandal                         Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob. 9957366172       mail Id:aiacegeo2019@gmail.com        Site:cengoindia.blogspot.in       Mob. 9717510598

Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju

Vice Presidents: B C Khatik, K D Venkatraman  (Central) Swapan Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha, Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary: B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey East Zone Coordinator: Debasish Modak

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 25/AIB/P/25                                                                       Dt. 01.04.25

COURT MATTER

To,

1. The Secretary,                                                         2. The Secretary,

Department of Expenditure, Ministry of Finance,     Department of Revenue, Ministry of Finance,

North Block, New Delhi.                                            North Block, New Delhi.

3. The Chairman,

Central Board of Indirect Tax and Customs,

North Block, New Delhi.

Subject: Implementation of the order of the Hon’ble Central Administrative Tribunal, Chandigarh Bench in OA No. 237 of 2024 in r/o retrospective implementation of the pay scale.

Sir,

            Kindly refer to the earlier requests of the Association communicating various court orders regarding retrospective implementation of pay scale of Inspectors and Superintendents w.e.f. 01.01.96 to amend OM No. 6/37/98-IC Dt. 21.04.04 of the Department of Expenditure and the order Dt. 05.03.25 of the Hon’ble Central Administrative Tribunal, Chandigarh Bench in OA No. 237 of 2024 (copy enclosed). Now, there is already a long row of court orders on this issue to implement the OM w.e.f. 01.01.96.  

2. It is submitted with due regards that the pay scale of the Superintendents of Central Excise (now CGST), Superintendents of Customs, Appraisers of Customs and Income Tax Officers was revised to Rs. 7500-12000/- from Rs. 6500-10500/- and also of Inspectors of Central Excise, Preventive Officers of Customs, Examiners of Customs and Income Tax Inspectors to Rs. 6500-10500/- from Rs. 5500-9000/- prospectively w.e.f. 21.04.04, i.e., from the date of the issuance of the OM No. 6/37/98-IC Dt. 21.04.04 of the Department of Expenditure instead of 01.01.96. Needless to say that all officers affected by the OM F. No. 6/37/98-IC Dt. 21.04.04 are similarly placed.

3. It is worth to mention that the said order should have been implemented w.e.f. the date of the implementation of the Central Civil Service, Revised Pay Rules, 1997, i.e., w.e.f. 01.01.96, since when the recommendations of the 5^th Central Pay Commission were implemented and disparity in comparison to other counterparts occurred.        

4. Various courts have already ordered to implement the Department of Expenditure OM No. 6/37/98-IC Dt. 21.04.04 w.e.f. 01.01.96 instead of 21.04.04 in r/o pay scale of Superintendents and Inspectors. Even the SLP Diary No(s). 59005/2024 filed by the UOI on this issue has been dismissed by the Hon’ble Supreme Court on 28.02.25.

5. The Hon’ble Central Administrative Tribunal, Chandigarh Bench in OA No. 237 of 2024 quashed the OM Dt. 21.04.04 ordering to grant the benefit of upgraded pay scale w.e.f. 01.01.96 with all consequential benefits of fixation of pay /pension and arrears thereof. The Hon’ble Tribunal was pleased to order the same in the OA No. 207/2022 also. Now after a long row of court orders, nothing remains further in this case except to implement the upgraded pay scale w.e.f. 01.01.96.

6. Your kind attention is also invited to the order Dt. 09.09.24 given by the Hon’ble Supreme Court in Petition for Special Leave to Appeal (C) No. 2944/2024 in which the Hon’ble Apex Court directed as below-

“4. We agree with the views taken by the learned Central Administrative Tribunal that the respondents/employees were discriminated in the matter of grant of benefit of Fifth Central Pay Commission and the High Court has rightly held that in order to bring them on parity with the other similarly circumstances employees, they were entitled to the revised pay scale with effect from 01.01.1996.

5. We direct the petitioner(s) to clear the arrears within a period of six months from today.” 

7. No need to submit that any order given by the Apex Court is always called as law of land and equally applicable to similarly circumstanced persons. It is also worth to mention that the court orders related to pay matters are always treated and implemented in rem unless ordered specifically to implement in personam.

8. There already exist so many orders of so many courts including the Hon’ble Supreme Court to give benefit of such matters to all similarly positioned persons. Same has been intended in the National Litigation Policy to minimise the litigations and not to force all equally placed/positioned persons to approach the legal courts on the same matter. The Hon’ble Supreme Court has also ordered the govt. on various occasions to issue the circular to this effect to minimize the litigations to save the precious time of the Hon’ble courts and not to force the similarly situated persons to approach the courts. It is also worth to mention that it will be direct contempt of the orders of the Hon’ble Supreme Court, if such orders of the Hon’ble Supreme Court are not obeyed. 

9. The issue of extension of benefits granted by the courts including Apex Court in service matters to similarly situated persons has been settled in various cases including the following-

(i) In the case of State of Karnataka v. C. Lalita (2006) 2 SCC 747, it was held that service jurisprudence evolved by the courts from time to time postulates that all persons similarly situated should be treated similarly. Only because one person has approached the court would not mean that persons similarly situated should be treated differently.

(ii) In the judgment given by the full Bench of Central Administrative Tribunal, Bangalore in the case of C. S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541 of 1991), it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. This principle has been upheld by the Hon’ble Supreme Court in this case as well as in numerous other orders like G. C. Ghosh v. UOI, [(1992) 19 ATC 94 (SC)] dt. 20.07.98; K. I. Shepherd v. UOI [(JT 1987 (3) SC 600)]; Abid Hussain v. UOI [(JT 1987 (1) SC 147], Order dt. 17.10.14 in the Civil Appeal No. 9849 of 2014 in the matter of State of Uttar Pradesh & Ors v. Arvind Kumar Srivastava & Ors, SLP No. 77457/2017 filed against the order dt. 23.03.17 given by the Hon’ble High Court of Delhi in WP No. 2634/2017, Order dt. 08.12.21 in Civil Appeal No(s). 5966, 5967, 5968 and 5969 of 2021 etc.

10. In view of above, it is very much requested to kindly implement the upgraded pay scale w.e.f. 01.01.96 with all consequential benefits of fixation of pay/pension and arrears thereoff and also due interest not less than the rate of interest on GPF to all the affected persons without enhancing the number of litigations in the matter by forcing more and more officers to be litigants against the various orders of the Hon’ble Supreme Court to give such benefits to all the equally placed persons.

            Thanking you,

Yours sincerely,

Encl: As above.                                                                                                                                  

(HARPAL SINGH),

Secretary General.