Shri Manabendra Banik & Anr. vs The Union Of India & Ors.

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER:

It has been submitted by learned counsel for the applicants that since the issue involved in this case is identical one, the applicants prayer to join together in a single application may be allowed. Accordingly, M.A No. 169/2026 is allowed. Applicants are allowed to pursue the remedy jointly.

This Original application has been preferred to seek the following relief:

The applicants were working as Superintendent under the respondents. The applicant no. 1 is has retired from the post of Superintendent of the office of the Customs Division, Agartala. The Applicant no. 2 has retired from the post of Inspector of Customs. They have filed this O.A praying for a direction upon the respondents to grant the G.P of Rs. 5400/-in PB-2 as Non-Functional Grade w.e.f. 01.01.2006 that is from the date of their completion of 4 years regular services in the Grade Pay of Rs. 4800/- with all consequential service benefits including arrear monetary benefits.

As per the applicants they are entitled for the benefits in the light of the judgment and order passed by the Hon’ble High Court of Judicature at Madras vide order dated 06.09.2010 in W.P No. 13225 of 2010 (M Subramaniam Vs Union of India & Ors.), which has been upheld by the Hon’ble Supreme Court in Civil Appeal No. (s) 8883 of 2011.

Sri S. Nath, learned counsel for the applicants submits that the issue of grant of GP of Rs. 5400/- in Pay Band— 2 on non-functional basis after four years of regular service in the grade pay of Rs. 4800/- is no more res integra, respondents have already implemented judgment and order passed by the Hon'ble High Court of Judicature at Madras vide order dated 06.09.2010 in W.P No. 13225 of 2010 (M. Subramaniam Vs Union of India & Ors.) for those incumbents who had approached before this Hon'ble Tribunal and other benches of Hon'ble Tribunal and granted G.P of Rs. 5400/- in PB-2 as Non-Functional Grade from the date of their completion of 4 years regular services in the Grade Pay of Rs. 4800/- with all consequential benefits vide CBIT & Custom’s Circular dated 27.04.2022.

The applicants have submitted representations (Annexure A-12 colly) for grant of G.P of Rs. 5400/- in PB-2 as Non-Functional Grade from the date of their completion of 4 years regular services with consequential benefits but to no result. Hence, this O.A.

After arguing for some time, Sri S. Nath, learned counsel for the applicants submits that presently, it would suffice the purpose of the applicants if the Respondent/competent authority be directed to consider their representations Annexure A-12 colly, in the light of the abovementioned judgements treating this O.A as part of their representations and dispose of the same within a stipulated period of time.

Sri S.K. Ghosh, learned Addl. CGSC for the respondents submits that he has no objection if direction is issued to the respondents to consider the representations of the applicants as per Rules.

In view of the above, without entering into the merit of the matter and with the consent of the parties, the O.A is disposed of with a direction upon the competent authority to consider the representations of the applicants at Annexure 12 colly, by treating this O.A as part of it and communicate his decision by way of a reasoned and speaking order within a period of 3 months from the date of receipt of copy of this order.

Applicants are directed to serve copy of the O.A along with copy of this order to the respondents within a week.

Accordingly, the O.A. stands disposed of at the admission stage with no order as to costs. M.A also stands disposed of.