BHAGWAN SHAH SON LATE SH PHAGU SHAH Vs. SECRETARY CENTRAL BOARD OF EXCISE AND CUSTOMS MINISTRY OF FINANCE DEPTT OF REVENUE

JUDGEMENT

(1.) SEVENTEEN applicants in this OA seek direction to respondents to grant them benefit of implementation of recommendations made by Vth Central Pay Commission w.e.f. 01.1.1996 at par with similarly situated persons.

(2.) Factual matrix of case is that Vth Central Pay Commission (hereinafter referred as 'Vth CPC') vide para-66.165, with reference to Central Revenues Control Laboratories, observed as follows:

(3.) APPLICANTS' grievance had been that similarly situated Group-C officials namely, Chemical Assistant Grade-II in the same Laboratory, have been granted upgraded pay scale of Rs. 5000-8000/- w.e.f. 01.1.1996 though their pre-revised pay scale had been 1400-2300/-, which act is consequence to recommendations made by Vth CPC. Similar treatment has not been accorded to applicants. Their representation made to concerned authorities to grant the said scale w.e.f. 01.1.1996 instead of 01.7.2004, remained unconsidered and, therefore, they have no option but to approach this Tribunal. Though Government sanction had been conveyed on 24.8.2001 but applicants were granted benefit only w.e.f. 01.7.2004 and as such there had been undue & enormous delay on the part of respondents, which has harmed applicants' interests. Respondents did not implement their own order, delaying the matter without any justification for which, they cannot be made to suffer. No further promotion avenue is available to Lab. Assistant Grade-II. Category of Lab. Attendant / Lab. Assistant was left out, without any reason, in a discriminatory manner. Our attention was also drawn to order passed by Calcutta Laboratory of Central Revenue Control Laboratory, wherein similarly situated persons were allowed pay scale in terms of Vth CPC's recommendations w.e.f. 01.1.1996.