ORDER (ORAL)
PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:
This application has been preferred to seek the following relief:
"8.1 That the Hon'ble Tribunal be pleased to declare that the applicant is entitled to the enhanced scale of pay of Rs. 6500- 10,500 w.e.f. 01.01.1996 with all consequential benefits including arrear monetary benefits in the light of the order dated 09.01.2024 passed in O.A. No. 21/1089/2019 & Batch cases by the Hon'ble CAT, Hyderabad Bench which has been upheld by the
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Hon'ble High Court for the State of Telengana at Hyderabad order dated 19.08.2024 passed in W.P No.10490 of 2024 and by the Hon'ble Supreme Court vide order dated 28.02.2025 passed in Special Leave Petition (Civil) Diary No. 59005/2024.
8.2 That the Hon'ble Tribunal be pleased to direct the respondents to pay to the applicant the enhanced scale of pay of Rs.6500- 10,500 w.e.f 01.01.1996 with all consequential benefits including arrear monetary benefits.
8.3 Any other reliefs Your Lordships deem fit and proper.
8.4 Costs of the application.
8.5 Any other relief or reliefs as the Hon'ble Tribunal may deem fit and proper, including the cost of the case."
2. The applicant has retired from services as Assistant Commissioner (Retd.), CGST, Customs & Central Excise, Lucknow Zone. He is praying for a direction upon the respondents to extend the benefit of enhanced pay scales of Rs. 6500-10500 in the grade of Inspectors w.e.f. 01.01.1996 as Inspector with all consequential benefits including arrear monetary benefits, in the light of the order dated 09.01.2024 passed by the Hon'ble CAT, Hyderabad Bench in OA No. 21/1089/2019 and batch. The order dated 09.01.2024
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passed by the Hon'ble CAT, Hyderabad Bench in OA No. 21/1089/2019 and batch has been upheld by the Hon'ble High Court of State of Telengana by Order dated 09.08.2024 in Writ Petition No. 10499 of 2024. The SLP (Civil) Diary No. 59005/2024 preferred by the Union of India & Ors. before the Hon'ble Supreme Court has been dismissed vide order dated 28.02.2025.
2. 1. That the Central Board of Indirect Tax & Customs vide letter F, No. A-23011/44/2024-Ad.I A dated 27.08.2025 has instructed to implement Orders of CAT, Chandigarh Bench, CAT Cuttack Bench on 'in personam' basis subject to the condition that zones must ensure that the judgments in the mentioned cases are similar to the judgement/order dated 09.01.2024 passed by CAT Hyderabad Bench and upheld by High Court for the State of Telengana at Hyderabad, against which SLP was dismissed.
2.2. He further submits that similarly situated retired/deceased Inspectors/ Superintendents of CGST and Customs had approached this Tribunal through OA No
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040/00255 2025 for grant of enhanced scale of pay from Rs. 6500-10.500 wef 01.011996 and consequential enhanced scale of pay of Rs. 7500-1200 as Superintendent with arrears. This Tribunal vide order dated 28.08.2025 pleased to dispose of the OA No. 040/00255/2025 with the direction to the respondents to decide on the representations of those applicant and to pass a reasoned and speaking order.
3. Sri. S Nath, learned counsel for the applicant submits that applicant had submitted a representation on 12.01.2006 for grant of enhanced scale of pay of Rs. 6500- 10,500 w.e.f. 01.01.1996 and consequential enhanced scale of pay of Rs. 7500-1200 as Superintendent with arrears which is still pending consideration. And at this stage, it would suffice the purpose of the applicants if the respondents/competent authority be directed to consider the case of the applicants in the light of the order dated 09.01.2024 passed in O.A. No. 21/1089/2019 & Batch cases by the Hon'ble CAT, Hyderabad Bench which has been upheld by the Hon'ble High Court for the State of Telengana
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at Hyderabad order dated 19.08.2024 passed in W.P No.10490 of 2024 and by the Hon'ble Supreme Court vide order dated 28.02.2025 passed in Special Leave Petition (Civil) Diary No. 59005/2024 and also in terms of the Order dated 24.03.2026 passed by this Bench in O.A 90/2026, treating this O.A as part of his representation (Annexure A/12) and dispose of the same within a stipulated period of time.
4. Sri V. K. Bhatra, learned Sr. CGSC for the respondents has no objection to the prayer of the applicants as per rules.
5. Heard the parties.
6. In view of the above, without entering into the merit of the case, we dispose of the O.A with a direction upon the respondents to consider the representation of the applicant dated 12.01.2026 (Annexure A/12) by treating this O.A as part of his representation and consider his case in the light of the abovementioned judgements, after verifying the case of the applicant and communicate his decision by way of a
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reasoned and speaking order within a period of 06 weeks from the date of receipt of copy of this order. If the applicant is also similarly situated, similar benefits should also be granted to him within the said period.
7. Applicant is directed to serve copy of the O.A along with copy of this order to the Respondents within 10 days from the date of receipt of copy of this order.
8. Accordingly, the O.A is disposed of at the admission stage with no order as to costs.
(SANJIV KUMAR) (RAJINDER SINGH DOGRA)
MEMBER (A) MEMBER (J)
SS