Mass One-Day Fast by Pensioners

To
The Hon’ble President of India
Rashtrapati Bhavan
New Delhi – 110001

Subject: Mass One-Day Fast by Pensioners on 18.05.2026 Before CGST & Customs Offices Nationwide—Urgent Plea for Uniform In Rem Implementation of Court Judgments on Pay Revision of Inspectors & Superintendents of CBIC w.e.f. 01.01.1996, Along with Arrears

Hon’ble Madam,

With utmost reverence and an unshaken faith in your constitutional guardianship of justice, equity, and compassion, we—the retired officers of the Central Board of Indirect Taxes & Customs (CBIC)—submit this earnest, yet deeply anguished representation seeking your immediate and decisive intervention in a matter that has lingered unresolved for decades, inflicting grave injustice upon thousands of elderly pensioners.

This is not merely a representation—it is a solemn appeal for restoration of dignity, equality, and lawful entitlement. We humbly beseech that the long-recognized in rem relief be implemented in full measure on or before 15.05.2026, so that frail and aging pensioners are not compelled to resort to a nationwide peaceful fast on 18.05.2026 in pursuit of justice that has already been judicially affirmed.

1. Background and Legal Position: A Settled Issue, Yet Denied in Practice:

The issue concerns the arbitrary and unequal implementation of judicial pronouncements regarding the revision of pay scales of Inspectors and Superintendents of Central Excise & Customs (now CGST).

It is an incontrovertible legal position—settled repeatedly by the Hon’ble Central Administrative Tribunal (CAT), various Hon’ble High Courts, and the Hon’ble Supreme Court—that the revised pay scales must be implemented with effect from 01.01.1996, not from 21.04.2004. These judgments are unequivocally in rem, laying down binding principles applicable uniformly to all similarly situated officers.

Yet, in defiance of settled law and constitutional morality:

• The Central Board of Direct Taxes (CBDT) has rightfully implemented the benefit in rem for all eligible officers, following judicial directives (Bombay High Court judgment dated 08.12.2023, implemented vide OM dated 27.06.2025).
• Conversely, the CBIC has arbitrarily restricted the same relief only to litigants, treating an in rem judgment as if it were in personam.

This glaring inconsistency has created an indefensible classification within the same Department of Revenue—an act that strikes at the very heart of Article 14 of the Constitution of India, which guarantees equality before law.

1. Human and Administrative Impact: A Crisis of Justice and Compassion:

Judicial Burden and Wasteful Expenditure:
Over 2,500 pensioners have already approached the CAT, and nearly 10,000 more are compelled to follow suit. This avoidable litigation will impose a financial burden exceeding ₹200 crore, in stark contradiction to the National Litigation Policy aimed at minimizing such disputes.

Severe Hardship to Elderly Pensioners:
Out of approximately 25,000 affected officers, nearly 15,000 have retired, and about 10,000 have already passed away—many without witnessing justice. The surviving pensioners, mostly above 70 years, are forced to expend their meagre savings on prolonged litigation, enduring physical suffering and emotional distress.

Humanitarian Tragedy:
Widows and elderly pensioners residing in remote areas face acute financial insecurity and deteriorating health. The denial of rightful dues is not merely an administrative lapse—it is a profound humanitarian failure.

Contradiction of Government Vision:
The continued denial of automatic implementation of judicial relief undermines the Government’s stated commitment to “ease of living” and dignity for senior citizens.

1. Discriminatory Treatment Between CBDT and CBIC:

The unequal application of identical judicial principles by CBDT and CBIC has deeply eroded the confidence of retired CBIC officers in administrative fairness. This disparity is not only unjust—it is constitutionally untenable and morally indefensible.

1. Binding Judicial Precedents Mandating In Rem Relief:

The Hon’ble Supreme Court has unequivocally held:

• In State of Karnataka vs. C. Lalitha [(2006) 2 SCC 747],
• In State of Uttar Pradesh vs. Arvind Kumar Srivastava [(2015) 1 SCC 347],

that once a legal principle is settled, all similarly situated employees must be granted identical relief, and denial to non-litigants constitutes a violation of Article 14.

Further reinforcing this position:

• CAT Principal Bench, New Delhi (O.A. No. 2233/2025, decided on 31.07.2025),
• CAT Kolkata Bench (O.A. No. 350/01154/2025, dated 03.11.2025),
• CAT Chennai Bench,
• ⁠CAT , PB in our own case,

have all directed uniform in rem implementation.

Notably, in the case of All India Pensioners Association of CBIC vs. Union of India, the CAT Principal Bench explicitly directed implementation for all pensioners w.e.f. 01.01.1996 with full arrears.

There remains no ambiguity in law—only a failure in execution.

1. Our Earnest Submissions:

This issue has transcended financial implications; it is now a test of constitutional integrity and administrative conscience.

We most respectfully urge Your Excellency to:

1. Direct the Department of Expenditure to approve uniform in rem implementation of all relevant judicial pronouncements.
2. Instruct CBIC to extend revised pay scales w.e.f. 01.01.1996 to all eligible officers on an actual basis, along with full arrears, without forcing individuals into litigation.
3. Peaceful Democratic Protest: A Call Born of Desperation:

Despite assurances (CBIC letter dated 2.9.25 ), no tangible action has followed. Consequently:

• Pensioners observed a one-day fast on 02.11.2025.
• If justice remains denied, a nationwide peaceful Satyagraha is scheduled on 18.05.2026, involving:
  • Day-long fasting
  • Symbolic ringing of bells at 6:00 PM

This will be a silent, dignified, and non-political expression of constitutional protest by elderly citizens who still repose faith in the justice system and your esteemed office.

1. Conclusion: A Moment for Justice and Compassion:

Hon’ble Madam, your timely intervention can correct a decades-old injustice and restore faith among thousands of retired public servants.

A uniform in rem implementation with arrears from 01.01.1996 will not merely resolve a dispute—it will reaffirm the Republic’s commitment to justice, equality, and compassion.

We earnestly hope that such protest will not become necessary, and that justice—long delayed—will finally be delivered.

With profound respect and unwavering hope,

Yours faithfully,
(Lokanath Mishra)
Chief Adviser
All India Pensioners Association of CBIC
(On behalf of thousands of affected pensioners and family pensioners)

📞 WhatsApp: 9437314941
📧 Email: jailoknathjee@gmail.com

Dated: 26.04.2026

Copy to:

• Hon’ble Finance Minister of India
• Minister of State (DoPT)
• Shri Pankaj Chaudhary, Hon’ble MOS (Department of Expenditure)
• Secretary (Revenue)
• Secretary (Department of Expenditure)
• Chairman, CBIC
• Secretary, DoPT