CAT Order - Grant of Grade Pay of Rs.5400 after rendering four years of service in the Grade Pay of Rs.4800 (ASPs in Postal Department) | CAT Delhi Principal Bench dated 21.01.2022
O R D E R (ORAL) Hon’ble Mr. R.N. Singh, Member (J) : In the present OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants are aggrieved by the action/order of the respondents, vide which, the respondents have not granted the Grade Pay of Rs.5400 in PB-2 to the applicants on non-functional basis after 4 years of regular service in the Grade Pay of Rs.4800 in terms of Part-C, Section-II of the 1st Schedule of CCS (RP) Rules, 2008 along with fixation of pay with increments @ 3% as prescribed in Rule 13 of CCS (RP) Rules, 2008 by way of extending the benefits of judgment passed by the Hyderabad Bench of the Tribunal in the case of B.Udaya Shankara Rao & Ors. Versus Union of India decided on 14.09.2015 in OA No.296/2014 against which the respondent No.1 has filed WP No.31575 and the same was dismissed by the
Hon’ble High Court of Hyderabad on 06.11.2018 and the Hon’ble Supreme Court is stated to have dismissed the RP (Civil) 2512/2018 regarding same matter on 23.08.2018. 2. Learned counsel for the applicants submits that denying the aforesaid benefits, the respondents have passed an order dated 08.06.2021 (Annexure-A/1). In the aforesaid
background, the applicants have prayed for the following relief(s) : “(i) That the Hon’ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 8.6.2021 (Annexure.A/1), declaring to the effect that the same is illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents to grant the Non-Functional scale of PB-2+GP Rs.5400/- and refixation of their pay as per Rule 13(i) of CCS (RP) Rules, 2008 from the date of completion of 4 years service in PB2+ GP Rs.4800/- including financial upgradation in ACP/MACP scheme, with all consequential benefits with arrears of difference of pay and allowances with revision of retirement benefits with arrears and interest.
(ii) Any other relief which the Hon’ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.” 3. Pursuant to notice, the respondents have filed counter reply. The learned counsel for the applicants has waived his right to file rejoinder rather the applicants have filed MA No.3619/2021 praying therein for disposal of the OA in the light of the judgment of the Hyderabad Bench of the Tribunal dated 02.12.2021 (Annexure-M/1 of the MA). The applicants in support of their claim have further relied upon the order/judgment dated 11.10.2021 of the Jodhpur Bench
of this Tribunal in OA No.290/00177/2021 (Annexure-M/2 of the MA). 4. Though the respondents have filed counter affidavit, however, the learned counsel for respondents does not dispute that the order dated 08.06.2021 (Annexure-A/1), which has been impugned in the present OA, has already been quashed by the Hyderabad Bench of this Tribunal in its order dated 02.12.2021 (Annexure-M/1 of the MA) and identical issue has also been decided by the Jodhpur Bench of this Tribunal vide order/judgment dated 11.10.2021 (Annexure-M/2). 5. We have heard the learned counsels for the parties and perused the pleadings on record.
6. With the consent of the learned counsels for the parties, the matter has been taken up for final disposal. In the present OA, the applicants are retired employees of Postal Department, who were appointed on the post of Postal Assistant/Sorting Assistant and had further been promoted to the post of Inspector Posts on the basis of Limited Departmental Competitive Examination (LDCE), which is a
Non-Gazetted Group ‘B’ post. The applicants were further promoted to the post of Assistant Superintendent of Posts/Superintendent of Posts or equivalent posts etc. as per their eligibility. This fact has not been disputed by the respondents. A recognized Association of Inspectors and Assistant, Superintendents, Posts along with a few aggrieved persons approached the Hyderabad Bench of this Tribunal vide OA No.021/00506/2021 titled All India Association of Inspectors and Assistant, Superintendents, Posts, CHQ and Ors. Vs. UOI and Ors, challenging denial of grant of Grade Pay of Rs.5400 after rendering four years of service in the Grade Pay of Rs.4800.
The Tribunal after considering various judicial pronouncements and also taking into consideration other relevant details/instructions and rules on the subject, passed an order dated 02.12.2021. Paras XII and XIII of the said order/judgment dated 02.12.2021 read as under :- “XII. It is interesting to note that some employees in the respondents organization have been granted the relief in consultation with DOE, as admitted by the respondents, in their letter dt. 08.06.2021. Further, the Central Excise Department has for similarly placed employees granted the relief. Further, the orders of the superior judicial fora granting similar relief have been implemented as expounded in the paras supra. Denying the same to the applicants is discriminatory, arbitrary, irrational and
illegal. It is a clear infringement of Article 14 of the Constitution. XIII. Therefore, in view of the orders of the superior judicial fora, as well as the 6th/7th CPC recommendations/ rules being in favour of the applicants, the ID note of DOE dated 13.04.2021 lacks legal sanctity. Therefore, the same along with consequential letter of DOP dt. 08.06.2021 are quashed and set aside. Consequently, respondents are directed to grant the grade pay of Rs.5400 to the applicants from the date they are eligible with consequential benefits thereof. We also make it clear that the judgment is rendered in rem so that other similarly placed employees are not compelled to knock the doors of the Tribunal. Time calendared to implement the verdict is three months from the date of receipt of this order.”
7. From the aforesaid, it is evident that the order dated 08.06.2021, impugned in the present OA has already been quashed by this Tribunal. 8. In view of the fact that the order/judgment dated 02.12.2021 under reference is a judgment subsequent to the order/judgment dated 11.10.2021 (Annexure-M/2 of the MA, we do not find it necessary to incorporate the findings and the directions therein. 9. Once the applicants are identically placed and the very impugned order has already been quashed by the Hyderabad
Bench of this Tribunal vide order/judgment dated 02.12.2021 referred to hereinabove. For parity, we hereby direct that the impugned order dated 08.06.2021 shall stand quashed qua the applicants as well in the present OA. Any order consequential to the impugned order dated 08.06.2021 shall also stand quashed. The applicants shall be entitled for grant of Grade Pay of Rs.5400/- from the date they have become eligible with all consequential benefits. The respondents are directed to pass an order in view of the above and release the consequential benefits within twelve weeks from the date of receipt of a copy of this order.
10. The OA is allowed with aforesaid orders/directions, however, in the facts and circumstances, there shall be no order as to costs. Pending MA No.3619/2021 shall also stand disposed of. (R.N. Singh) (A.K. Bishnoi) Member (J) Member (A
CAT Order for Grant of Rs 5400 GP after 4 years of Service in 4800 GP PDF
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