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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANIL S.KILOR, RAJNISH R.VYAS
Union Of India, Ministry Of Defence, Through The Secretary, Department Of Defence Production – Appellant
Versus
Vidya Vijay Sakhare – Respondent
| Table of Content |
|---|
| 1. eligibility for pay scale adjustments (Para 2 , 3 , 4) |
| 2. opposition to non-functional upgradation claims (Para 5 , 6 , 8) |
| 3. court's agreement with tribunal's standing (Para 9 , 10) |
| 4. no jurisdictional error found (Para 11) |
| 5. final dismissal of the petition (Para 12) |
JUDGMENT :
RAJNISH R. VYAS, J.
1. Heard learned counsel for the petitioners.
2. The petitioners in the present petition are the original respondents whereas the respondents in the present petition are the original applicants.
3. The parties would be referred as they were referred before the Central Administrative Tribunal, Mumbai Bench, Mumbai (for short, ‘Tribunal’). A challenge in this petition is to the judgment passed by the learned Tribunal in Original Application No. 50 of 2024 dated 14/02/2025, by which the learned Tribunal has directed the original respondents to examine each case and grant the original applicants a pay scale of Rs. 5,400/-, if they have completed four years of service in Grade Pay of Rs. 4,800/- and, if they satisfy the other eligibility criteria.
4. The facts of the present case as narrated by the learned Tribunal are as under :-
“3. ……... the applicants are nursing staff of Ordnan
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 ....
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.
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.
The Tribunal ruled that equal benefits must be granted to all similarly situated employees concerning non-functional grade pay, ensuring compliance with prior judicial decisions.
Non-functional scales are not regarded as financial upgradations under the MACP Scheme, affecting eligibility for further benefits.
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