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Judgment
PER: MRS. JUSTICE S. SUJATHA, MEMBER (J)
With the consent of the learned counsel appearing for the parties, we have taken the matter for final disposal.
This OA is filed by the applicants seeking the following reliefs:
(i)quash the decision/order No. 532/GLBMC/A/20/11/MISCELLANEOUS/ESTT, 2023 Part-(1), dated 11/12-07-2025 at Annexure: A-3 issued by the III-Respondent, ESIC, in so far as the Applicants are concerned;
and,
(ii)direct the Respondents to fix the grade pay at Rs. 2400 in the Pay Band of Rs. 5200-20200 (Pre-revised pay scale, of Rs. 4000-6000) of the Applicants from the date of the Applicants appointments as CSR/OT/CSSD Assistants with all the consequential benefits;
and,
(ii)direct the Respondents to pay arrears of pay to the Applicants w.e.f. 22-08-2014 or w.e.f. the date of their appointments as CSR/OT/CSSD Assistants, whichever is later, in the interest of justice.
and,
(iv)grant such other relief(s) to the Applicants as this Hon'ble Tribunal deems fit on the facts and circumstances of the case including costs in the interest of justice;
The issue involved herein is squarely covered by the Order of this Tribunal in OA NO. 346/2022 dated 01.02.2024 (Jagadish G. and Ors. vs. Union of India and Ors.) confirmed by Hon’ble High Court of Karnataka in Writ Petition No. 1872/2021 and connected matters (DD 25.09.2020).
The relevant Para of the said order in OA No. 346/2022 reads thus:
“31.The provisional benefits of Grade Pay of Rs. 2400/-for OT Assistants and CSSD/CSR Assistants has been granted by the PB of this Tribunal in OA 2995/2014 dated 19.04.2016, with arrears of pay, if any, from the date of filing of that OA i.e. 22.08.2014, without any interest thereon. On grounds of parity, the applicants in the present OA shall also be eligible for grant of these arrears on provisional basis from the same date i.e. 22.08.2014, without any interest thereon subject to the outcome of WP 18/2015 and other connected Writ Petitions before the Delhi High Court. The applicants shall also give an undertaking to allow recovery of the provisional higher grade pay and pay arrears, if any, paid to them by the respondents, in case the Delhi High Court rules against grant of any higher grade pay to the applicants in WP 18/2015 and other connected cases.”
Accordingly, we dispose of this OA in similar terms.
OA stands disposed of in terms of above.
No order as to costs.
