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Judgment
L. Narasimha Reddy, J
Since both these OAs are identical in nature, they are disposed of through a common order.
In these OAs, the applicants challenged the office order dated 30.08.2018, which pertains to the grant of pay scale of DSP (Rs. 8000-13400) from the due date of promotion.
The applicants contend that initially they joined the Central Bureau of Investigation, and on its bifurcation they became the employees of National Crime Records Bureau, and though their counterparts in the CBI are drawing a particular pay scale, they have been denied the said benefit.
The OAs were argued at some length on 09.08.2016. It was noticed that Ernakulam Bench of this Tribunal dealt with this very issue in OA No.596/2013 and through its order dated 17.11.2015, granted the relief as prayed for. It was also stated that the judgment in the said OA was challenged in a Writ Petition bearing OP(CAT) No.167/2016 (Z) before the Kerala High Court, and on 16.06.2016, the order in the OA was stayed by the High Court. Taking note of these facts, the OAs were adjourned sine die.
We have taken up the matters since the OAs are very old and on the file of the Tribunal.
It is not in dispute that the applicants herein stand on the same footing as those in OA No.596/2013 on the file of Ernakulam Bench of CAT. Therefore, they are entitled to be granted the same relief. It is different matter that the reliefs so granted would be subject to the outcome of the writ petition which is now pending in the Kerala High Court.
We, therefore, allow the OAs, as prayed for, in terms of the order passed in OA No.596/2013 on the file of Ernakulam Bench of CAT. However, the relief so granted need not be extended to the applicants immediately, and their actual entitlement would depend upon the outcome of the OP (CAT) No.167/2016 pending in the Kerala High Court. There shall be no order as to costs.
All ancillary applications stand disposed of.