Sudhir Kusre & Anr. vs Union Of India & Ors.

By Mallika Arya, AM:-

By means of this Original Application, the applicants have prayed for a direction to the respondents to extend the benefit of G.P. of Rs.5400/-on non-functional basis with effect from the date they completed four years regular service in the grade pay of Rs.4800/- in pursuance of the judgment passed by the Hon'ble Madras High Court affirmed by Hon'ble Supreme Court and followed by this Tribunal in bunch of Original Applications ie. O.A. No. 24/2015 and other connected matters.

The applicants submit that the issue regarding grant of Grade Pay of Rs.5400/- after completion of four years service in the Grade Pay of Rs.4800/-, was agitated by a similarly placed employee (M. Subramaniam Vs. U.O.I & Ors) before the Hon'ble High Court of Madras in W.P. No.13225/2010. The Hon'ble High Court has clarified as to how the four years period is to be counted for the purpose of granting non-functional upgradation to Group-B Officer. The same principle has also been followed by the various Benches of this Tribunal. Learned counsel for the applicants also cited an order dated 13.09.2018 passed by Jabalpur Bench of this Tribunal in OA No. 200/24/2015 Salman Imteyaz Hussaini & Others Vs. U.O.1 & Ors with connected OAs (Annexure A/6) and submits that since the applicants are also similarly placed employees, they have legitimate right to get Grade Pay of Rs.5400/-and the applicants are feeling aggrieved with the action of the respondents in denial of the benefit of up-gradation and have filed the instant original application.

In their reply, the respondents have stated that as per Central Board of Excise & Customs clarification dated 11.02.2009, non-functional to the grade pay of Rs.5400/- in Pay Band-2 can be given on completion of 4 years of regular service in the grade pay of Rs.4800/- in PB-2 (pre-revised scale of Rs.7500-12000) after regular promotion and not on account of financial upgradation due to ACP/MACP. It has also been stated by the respondents that the judgment passed in M. Subramaniam (supra) is a judgment in personam and the Department of Expenditure has clarified that the same cannot be implemented in case of similarly placed officers.

We have heard the learned counsel for the parties.

The case is fully covered by the judgments of Hon'ble Apex Court as well as by the orders passed by this Tribunal referred in the preceding paragraphs. Hence the applicants are also entitled for the same benefit as has been granted to the applicants therein.

Resultantly, this Original Application is allowed and the respondents are directed to grant the Grade Pay of Rs.5400/- to the applicants on non-functional basis with effect from the date they had completed four years of regular service from the date they were granted A.C.P/M.A.C.P in the Grade Pay of Rs.4800/- with all consequential benefits. Since the applicants have already superannuated, the respondents shall grant the benefit of Grade Pay Rs.5400/- to them, if they are similarly placed, from the date of their entitlement with arrears of pay and revise their retiral dues as well as PPO accordingly. The respondents are directed to comply with the above directions within a period of 90 days from the date of receipt of a certified copy of this order.