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Judgment
As Per: Hon’ble Mr. Ajay Pratap Singh, Member (J)
Heard the parties.
By way of the present O.A. filed under Section 19 of the Administrative Tribunals Act, 1985, the applicants are seeking the following reliefs (as extracted from the O.A.) as under:-
“(i)That the Hon'ble Tribunal may graciously be pleased to pass an order declaring to the effect that inaction on the part of the respondents not finalizing the case of the applicants/Assistants of MES for revision of their pay scale at par with similarly situated persons working in other department of Ministry of Defence i.e. Navy, Ordnance factories etc. is totally illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents to revise the pay scale of the Assistants/applicants at par with the similarly situated persons in Grade Pay of Rs. 4600/- w.e..f. 01.01.1996/1.1.2006 or from the date of their appointment which ever is later by way of extending the benefit of judgment passed by the Hon'ble Supreme court judgment dated 27.7.2022 in Civil Appeal No. 4940/2022 and judgment dt. 9.11.2023 in SLP No. 7003 of 2015 which was converted into Civil Appeal No. 1663/2016 with all the consequential benefits including arrears of difference of pay and allowances.
(ii)Declare that the Assistants in the MES are identically placed as that of Assistants in the Central Secretariat / AFHQ / Indian Navy, DGOF.
(iii)Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.”
Learned counsel appearing for the applicant much emphasized that vide order dated 09.09.2026 and 29.09.2026, the respondents were directed to seek instructions in the matter as respondents have already examined the issue and recommendations of Military Engineering Services (MES) (Annexure A-6). It has been stated that in view of above justification, it is recommended that AAO/Steno of MES be granted pay scale of Level 7 as granted to ASO of CSS cadre.
Mr. Yogesh Sharma, learned counsel appearing for the applicants also stated that issue involved in the present case is squarely covered by the judgment of the Hon’ble Supreme Court in case of All India Naval Clerks Association & Ors. vs. Union of India & Ors. decided on 27.07.2022 and followed in case of All India Naval Clerks Association & Ors. vs. Flag Officer Commanding-in-Chief & Ors. in O.A./314/2010 (Ernakulam Bench) vide order dated 21.10.2011.
So also in the case of similarly placed applicants of the same department in O.A./180/00108/2023 titled T R Mohanakrishnan & Ors. vs. Ministry of Defence & Ors. vide order dated 05.03.2026 and the respondents are in process of taking decision as evident from communication dated 24.12.2025 (Annexure A-10) and further submits that applicant would be satisfied if a direction is issued to competent authority amongst the respondents to consider the case of the applicants in light of settled legal position and communication dated 24.12.2025 (Annexure A-10), as evident from communication dated 24.12.2025 (Annexure A-10) issued from the Office of Engineer-in-Chief’s Branch, MES, New Delhi, the matter has already been taken up with Ministry of Defence and stated to have been under consideration.
Learned counsel appearing for the respondents pleads no instructions in the matter in spite of orders dated 09.09.2026 and 29.09.2026.
Heard. We have considered the matter. We deem it just and proper that principles of natural justice would be met and applicants are also seeking direction to consider their pending representation of June, 2026 (Annexure A-1 colly) in light of judgment of the Hon’ble Supreme Court in case of All India Naval Clerks Association & Ors. vs. Union of India & Ors. decided on 27.07.2022, All India Naval Clerks Association & Ors. vs. Flag Officer Commanding-in-Chief & Ors. in O.A./314/2010 (Ernakulam Bench) vide order dated 21.10.2011 and T R Mohanakrishnan & Ors. vs. Ministry of Defence & Ors. vide order dated 05.03.2026 and in light of communication dated 24.12.2025 (Annexure A-10) issued from the Office of Engineer-in-Chief’s Branch, MES, New Delhi, by taking a final decision in the matter within a period of four weeks from the date of receipt of a certified copy of the order passed today and communicate the same to the applicants at earliest possible date.
In view whereof, present O.A. stands disposed of in above indicated terms.
There shall be no order as to costs.