TO Date: .

.2023
THE _____________________________
CENTRAL GST & CENTRAL EXCISE
______________________ COMMISSIONERATE
_______________________________________
_____________________________________
Sir,

Subject:Request for revision of pay w.e.f. 01.01.1996 in the Post of Inspector from
Rs. 5500-9000 to Rs. 6500-10500 and in the post of Superintendent from
Rs. 6500-10500 to Rs.75000-12000 - Sanction of arrears and revision of
pension -- Reg

Undersigned joined the Customs & Central Excise Department in ______________

Collectorate/ Commissionerate on __________________ as Inspector, subsequently promoted to
the grade of Superintendent on _______________ and have superannuated on the
_____________ from _______________________________,Commissionerate having my PPO No.
___________________ dated __________, would like to submit the following facts for
information and kind consideration

2. Subsequent to the 5th Pay Commission, vide Ministry of Finance O.M. F. No 6/37/98-IC
dated 21.04.2004 with effect from the date of order, i.e. 21.04.2004 prospectively, the scales of
the post of Inspector were revised from the Rs. 5560-9000 to Rs. 6500-10500 and for the post of
Superintendents the scales were revised from the Rs.6500-10500 to Rs.7500- 12000 but the
recommendations of the 5th Pay Commission were made effective from 01.01.1996.

2.1 The above mentioned O.M. was issued by the Govt. as a result of anomaly caused to the
pay scales of cadres of Inspector and Superintendent, i.c., placement in identically placed cadres in
higher scales of pay, specifically stating that the revised pay scale shall take effect from the date of
order i.e. 21.04.2004.

3. The recommendations of 5th Pay Commission, scales of pay recommended by the

Commission should be enforced from the date i.e., 01.01.1996 only. But, in this case, the revised
pay scales were made effective from a later date i.e., 21.04.2004, resulting in financial loss due to
lesser pay and allowances and lesser fixation of pension at the time of retirement.

4. It is submitted that in similar cases i.e., in the Ministry of Railways and other Ministries
where pay was initially fixed in the pay scale of Rs.5500-9000 with effect from 01.01 1996 was
enhanced to the pay scale of Rs. 6500-10,500 on a later date with prospective effect, was re-fixed
in the pay scale of Rs.6500-10500 with effect from 01.01.1996, the date of effect of pay
commission recommendations. Likewise, Hon'ble High Courts and Hon'ble Tribunals have held in a
number of cases that fixation of higher pay scale Le Rs.6500-10500 prospectively from 2004 is
illegal and not proper and ordered fixation of such fixation of higher pay scale should have been

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with effect from 01.01.1996. Extracts of the decisions of Govt of India and Hon'ble Courts in
similar cases are listed below for your kind reference;

SL Order Ref./Passed by Extract of the order/ decisions

No

1 OA No. 763 of 2015 dated “The action/order of the respondents to the extent
03.02.2022 passed by Hon'ble CAT, that it limits the actual benefits of the revised pay
Principal Bench, New Delhi in the scale (6500-10500) by granting the same w.e.f
case of section officers in Postal 19.02.2003 and not from 01.01.1996 is set aside."
Dept "The respondents are directed to grant upgraded
pay scales in question to the applicants w.e.f.
01.01.1996 on actual basis when the
recommendations of 5th CPC became operational."
2 W.P(C) 1523 of 2016 dated Para 21: "Between Accounts cadre employees, to
18.12.2019 of Hon'ble High Court deny some of them the benefit of the revised pay
of Delhi in the case of All India scale from Ist January, 1996 and to grant the others
Railway Accounts Staff Assn same relief would result in discrimination between
equally placed employees. This is not contemplated
or permissible in law..."
Para23: The prayers in the present petition are
allowed and a direction is issued to the Respondents
to grant them the revised pay scale in question from
1st January, 1996 when the recommendations of the
Vth CPC became operational. The order dated 7 th
March, 2003 of the Railway Board to the extent it
limits the actual benefit of the revised pay sca by
granting the same from 2nd February, 2003 and not
from 1" January, 1996, is hereby set aside"
3 O.M. No. 38/86/03-P&PW (A) dt. Vide this order, Govt upgraded the pay scales of
26.04.2004 of Ministry of Section Officers in Railway Accounts Dept from
Personnel, Public Grievances and 5500-9000 to 6500-10500 notionally w.e.f.
Pensions Department of Pension 01.01.1996 and for Asst. Audit Officer from 6500-
and Pensioners' Welfare 10500 to 7450-10500 notionally with effect from
01.01.1996 with actual benefits being made
prospectively from 19.02.03--the date on which this
decision was approved by the Government.

5. It is brought to your kind notice that in respect of above cases, Govt. of India while
upgrading the time scale of pay of posts have issued orders revising the time scale of pay
w.e.f. 01.01.1996 with actual payments made prospectively in many identically placed posts as is
evident from the above. No reason has been cited in the impugned O.M. [dated 21.04.2004 cited

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in para [2] above] for taking a decision at variance from other cases by denying the benefit of pay
fixation from 01.01.1996. The impugned O.M. has affected the pay of Inspectors including me
between 01.01.96 and 21.04.2004 and of those who remained as superintendents during the
same period.

6. It is submitted that this representation pertains to fixation of pay with cause of action
continuing and hence, the question of delay is not involved in this case. The employees of other
Ministries and in one case, of the same ministry were given benefits from 01.01.1996 as submitted
above. Thus, there is a case of discrimination via-a-vis the employees of other departments.

7. It is therefore requested that in the light of the above, orders may please be issued at the
earliest, revising the pay from Rs.5500-9000 to Rs. 6500-10500 w.e.f. 01.01.1996 to 21.04.2004 for
the post of Inspector and revising the pay from Rs. 6500-10500 to Rs. 7500-
12000 from 01.01.1996 to 21.04.2004 for the post of Superintendent on actual basis and thus the
arrears of pay and allowances may please be sanctioned and paid, thereafter my basic pension be
revised accordingly and differential pensionary benefits may please be sanctioned and paid.

Thanking you,

Yours faithfully,
Place: ____________; Date: / /2023

Residence/Address: (XXXXXXXXXXXXXXXXXXXXXXXXX)
__________________________ RETIRED SUPERINTENDENT(FROM _____________)
__________________________ ______________________ COMMISSIONERATE
__________________________ PPO No. _________________ dated ________
Ph: _____________________
Email:- ___________________@___________

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