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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V. KAMESWAR RAO, T.M.NADAF
Union Of India – Appellant
Versus
M.V.S.S.Ganeshwar – Respondent
| Table of Content |
|---|
| 1. challenge to grade pay denial based on service. (Para 2 , 3) |
| 2. arguments regarding financial upgradation rules. (Para 4 , 5) |
| 3. court's justification for tribunal's decision. (Para 6 , 7 , 8) |
| 4. clarifications on financial upgradation applicability. (Para 9 , 10) |
| 5. petition dismissed; order upheld. (Para 11) |
ORDER :
V. KAMESWAR RAO, J.
The present petition has been filed by the Union of India represented by the Central Public Works Department and its functionaries challenging the order dated 24.09.2024 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru in Original Application No.170/00461/2023, whereby the Tribunal has allowed the OA filed by the respondent by stating as under:
“10. From the aforesaid rulings it is clear that the stance of the respondents - Union of India and others, that non-functional Grade Pay of Rs.5400/- would not be granted to such of those officers who had got Rs.5400/- on upgradation under ACP scheme was negated by the Hon'ble Courts. In such circumstances, the respondents denying the claim of the applicant on the same ground is unjustifiable. Accordingly, the matter calls for interference by this Tribunal. Hence we pass
The court affirmed that government employees are entitled to Grade Pay based on accumulated service years, consistent with prior judicial decisions, despite classifications of functional and non-func....
Applicants entitled to Grade Pay of Rs.5400 after four years in Grade Pay of Rs.4800 as per established precedent.
Nursing staff completing four years in Grade Pay of Rs. 4,800/- are entitled to non-functional upgradation to Rs. 5,400/- as per applicable government resolutions, ensuring similar treatment for all ....
Eligibility for Non-Functional Upgradation in Grade Pay applies uniformly to all officers in Grade Pay Rs.4800 after four years of service, despite distinctions in agreements or financial upgrades.
Employees are entitled to financial upgradation under the MACP scheme based on their service length, regardless of subsequent restructuring of their positions.
Group B postal employees entitled to non-functional Grade Pay Rs. 5400/- after 4 years in Rs. 4800/- per 6th CPC Resolution, uniformly applicable.
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