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Judgment
PER: MRS. JUSTICE S. SUJATHA, MEMBER (J)
The applicant has filed this original application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
“(a)Call for records of the case from the respondents and on perusal
(b)Quash and set aside the OM F.No.6/37/98-IC dated 21.4.2004 (Annexure A2) and F.No.A-26017/65/2003-Ad.II-A(Pt.) dated 11.5.2004 (Annexure A3) passed by the respondents No.3 and 2 respectively in so far as they restrict the actual benefits from 21.4.2004 and hold and declare that the applicant is entitled to fixation of pay in terms of the revised pay scales with effect from 1.1.1996 on actual basis
c)Quash and set aside the impugned rejection letter CNo.11/25/5/2023-ACCTS-B-NORTH dated 18.07.2025 (Annexure A5) passed by Respondent No.5.
(d)Issue a consequential direction to the respondents to refix the pay of the applicant’s husband in the revised scale of pay of Rs.6500-10500 for the Inspectors and Rs. 7500-12000 for Superintendents from 1.1.1996 on actual basis and further direct the respondents to draw and disburse the arrears of death benefits payable to the applicant from 01.01.1996 to 20.04.2004 and all consequential benefits flowing therefrom with applicable rate of interest till the date of payment.
(e)And grant such other relief/s as this Hon'ble Tribunal deems fit to grant to the applicant in the circumstances of the case including as to costs of this OA in the interests of justice.”
The issue involved herein is no longer res-integra, in view of the order passed by this Tribunal in OAs No.94/2024, 265/2024. 410/2024, 411/2024 and 663/2024, so far as extending the benefits of pay scales from 01.01.1996 notionally and actually from 21.04.2004 as well as the order of the Hon’ble High Court of Karnataka in Writ Petition No.32729/2025 - Shri A.Panduranga Naik and others vs. Union of India represented by Secretary, Ministry of Finance, Department of Revenue, North Block New Delhi and others and connected matters (DD: 22.07.2026), wherein restricting the actual arrears from three years prior to filing of the OAs passed by this Tribunal, is quashed granting the arrears from 21.04.2004..
Learned Counsel appearing for the parties have no objection to dispose of the present OA in similar terms.
In view of the aforesaid, OA stands disposed of, in terms of the order passed by the Hon’ble High Court of Karnataka in Writ Petition No.32729/2025 and allied matters (DD:22.07.2026) cited supra, in so far as the consequential benefits and arrears are concerned and the order of this Tribunal referred to supra, in all other respects.
Resultantly, we pass the following:
O R D E R
The respondents are directed to extend the benefit of upgraded pay scales to the applicant’s husband granted vide OM dated 21.04.2004 (Annexure A2) notionally with effect from 01.01.1996.
The OM dated 21.04.2004 (Annexure A2) issued by the Respondent No.3 insofar as it relates to the effective date of application, is modified. The applicant’s husband is entitled to the benefits flowing from OM dated 21.04.2004 (Annexure A2) notionally with effect from 01.01.1996 and actually from 21.04.2004.
The applicant’s husband is entitled to the benefit of arrears from 21.04.2004 and consequential benefits in pursuance to the revised pay granted from 21.04.2004 with liberty to the applicant to agitate if the respondents grant such benefit from 01.01.1996 to other similarly situated persons.
Compliance shall be made in an expedite manner, in any event not later than 12 weeks from the date of receipt of certified copy of the order.
No order as to costs.