Inputs for Defending Court Cases on Grant of Grade Pay of Rs 5400 on Non Functional Basis (NFG) on completion of 4 years in GP Rs 4600
No. 2-25/2019-PCC Government of India Ministry of Communications Department of Posts
Dak Bhawan, Sansad Marg, New Delhi - 110001 Dated 30.08.2022
Sub:- Inputs for defending Court cases on Grant of Grade Pay Rs.5400 on Non Functional basis on completion of 4 years regular service in the Grade Pay Rs. 4800, granted under MACP Scheme, by extending the benefits of Clause 1(x) (e) of Ministry of Finance Resolution dated 29.08.2008 in terms of Judgment dated 06.09.2010 of Hon'ble Madras High Court in Writ Petition No. 13225 of 2010 in the case of M subramaniam
Download DOE Inputs on DOP NFG Case in PDF
This refers to this office letter No.2-26/2021-PCC dated 29/30.11.2021 vide which earlier inputs were provided to defend the Court cases on the issue.
2. The issue was again examined in consultation with the nodal Department, D/o Expenditure, in the context of recent orders dated 02.12.2021 of Hon'ble CAT Bench Hyderabad in the OA No. 506/2021filed by IP & ASP Association. The D/o Expenditure vide their ID Note No. 0(3)/E.III(B)/2018 (Pt.II) dated 18.08.2022 has advised to challenge the order of Hon'ble Tribunal dated 02.12.2021 in OA No.506/2021 before Hon'ble High Court at Hyderabad on the basis of facts and inputs as mentioned in the attached Annexure.
3. It has been observed that many Court cases / Original Applications have been / are being fiIed before various benches of the Hon'ble Tribunal by relying upon the order dated 02.12.2021 of Hon'ble CAT Bench Hyderabad ibid seeking the similar benefits.
4. I am therefore, directed to forward the additional / latest inputs provided by nodal Department, attached herewith, and request you to defend similar & identical cases on the basis of these inputs. A line of compliance may also be appraised to this Directorate.
Notes at page 57-761N of Department of Posts F'No 2-25/2019-PCC. Department of Posts may please refer to their proposal seeking the approval of this Department for extending the benefit of Level-9 on Non Functional basis to all similarly placed Group 'B' Officers IP/ASP cadre of Department of Post in view the order of Hon'ble CAT, Hyderabad Bench dated 02.12.2021 in 0A No. 506/2021.
2. The matter has been examined in this Department and it has been observed that Department of Posts has delayed the matter by almost 06 months for providing information sought by this Department vide ID Note dated 03.02.2022. Further, the matter in Hon'ble Tribunal was not properly defended by the administrative Ministry/Department' Hence, Department of Posts is advised to challenge the Order of Hon'ble Tribunal dated 02.12.2021, in OA No. 506/2021in Hon'ble High court by providing proper facts of the case as annexed herewith.
3. Similar action for filing a reply may be taken in consultation with DoLA in both the contempt cases (i) CP No.210/2022 in OA No. 1907/2021 filed by Kawal jit Singh & 25 ors. and CP No. 211/2022 in oA No. 1953/2021, filed by Sh. Kailash chand and 23 ors., filed in CAT, Principal Bench, New Delhi which have been mentioned in DoP letter dated 16.08.2022
4. This issues with the approval of competent Authority.
