TIOL-DDT 1052 · Friday, 13 February 2009 · story 2 of 2

Tribunal Members – What is their Pay Status?

The Technical Members of the CESTAT are either former Commissioners or Chief Commissioners in the Customs and Central Excise Departments. When they sacrifice the frills of a field office to take up the difficult task of listening to confusing arguments day in and day out and then passing complex orders, they richly deserve a good salary, at the least.

Now what is the position?

The VI CPC report mentioned as follows:-

7.15.19 The Members of the Tribunal are presently in the pay scale of Rs.22400 -26000. They have demanded the higher pay scale of Rs.24050-26000. The Commission has recommended merger of the pay scales of Rs.22400 -26000 and Rs.24050 -26000 in the revised pay band PB-4 of Rs.39200-67000 along with a grade pay of Rs.13000. This will automatically meet the demand.

So the CESTAT Members wanted to be on par with the CBEC/CBDT Members – fair enough. When Chief Commissioners are joining the CESTAT, they should at least get a small salary hike.

The Government was a little more generous and instead of the suggested scale of Rs. 39200-67000 along with a grade pay of Rs. 13000/- the government sanctioned a separate pay scale of Rs.75500 - (annual increment @ 3%)-80000 designated as HAG+.

But while the Members of CESTAT were asking for a scale equal to that of Member, CBEC; the CBEC Members wanted a higher scale – that of Secretary – Rs. 80,000/- per month.

The Pay Commission had recommended, The Government should consider upgrading the post of Member, CBDT presently in the scale of Rs.24050 -26000 to the revised apex pay band of Rs. 80000 (fixed).

The Government most graciously accepted this suggestion and now Members of the CBEC and CBDT are equal to Secretary to the Government of India and Members of CESTAT and ITAT are again one step below.

When DDT reported about the up-gradation of Members of CBEC and CBDT to the rank of Secretary with a pay of Rs. 80,000/-, we got a mail from one of our prominent Netizens with a question, Now, after the revision, how does a CESTAT member compare with Judge of a High Court in terms of salary?

Let's Compare the scales for some top posts in India.

Sl. No

Post

Scale/Pay (Rs.)

1.

Chief Justice of India

100,000

2.

Judges of the Supreme Court of India

90,000

3.

Cabinet Secretary

90,000

4.

Chief Justices of High Courts

90,000

5.

Judges of High Courts

80,000

6.

Secretaries to Government of India (including Chairmen and Members of the CBDT, CBEC and Railway Boards)

80,000

7.

CESTAT/CBDT Chairmen

80,000

8.

CESTAT/CBDT Members

75,500 – 80,000

9.

Chief Commissioners of Income Tax and CBEC

37,400 –67,000 with a Grade pay of Rs. 12,000.

In this complicated world, it is really difficult to fix salaries and ranks of such senior dignitaries. A few rupees may not make much of a difference, but what really matters is facilities which are so unfairly denied to the Members of CESTAT and ITAT.

The Pay Commission had recommended, The Government should, however, take a view regarding extension of facilities like residential library, stenographic assistance on par with that available to Members of CAT to the Chairman and Members of ITAT.

The Government should seriously consider these proposals.

You have to run very fast if you want to remain where you are. (Alice in Wonderland)