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 eligible employees.

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 Ordnance Factory Hospital of Ordnance Factory Bhandara and Ordnance Factory Ambajhari, working in Group A / Group B posts. The applicants had individually represented to respondent No.3 to extend the benefit of non-functional upgradation to Grade Pay of Rs.5,400/- (PB-2) on completion of service of four years in Grade Pay of Rs.4,800/- in terms of Government of India's OM dated 29.08.2008.

3(a). That the Government of India introduced the Modified Assured Career Progression Scheme (MACP) which has permitted the next higher Grade Pay on completion of 10, 20 and 30 years of service w.e.f. 01.09.2008. Accordingly, the applicants have been granted financial upgradation under MACP scheme in Grade Pay of Rs.4,800/- on different dates starting from 01.09.2008.

3(b). As per the Government Resolution No. 1/1/2008-IC dated 29.08.2008 (Annexure A-2) issued by Ministry of Finance, all Group ‘B' Officers of Department of Posts, Revenue etc. will be granted Grade Pay of Rs.5,400/- in PB-2 on non-functional basis after four years of regular service in the Grade Pay of Rs.4,800/- in PB-2.

3(c). The above-said Resolution dated 29.08.2008 issued by Ministry of Finance speaks about grant of Non-functional Grade Pay of Rs.5,400/- to different cadres under the 6^th CPC. Subsequently, the recommendation of the 6^th CPC with regard to grant of Non-functional Upgradation to the Grade Pay of Rs.5,400/- stood extended to the 7^th CPC as Level 9.

3(d). The applicants have duly completed four years of regular service in Grade Pay of Rs.4,800/- and became eligible for grant of non-functional upgradation to Grade Pay of Rs.5,400/- in terms of the Government Resolution dated 29.08.2008. In this connection, Annexure A-3 is a chart showing the date of entitlement of applicants to non- functional upgradation to Grade Pay of Rs.5,400/-. The applicants, therefore, made individual but identical representations to respondent no. 3. Annexure A-4 is a copy of bunch of representations identically made by applicants.

3(e). In response to the representations made by the applicants, the respondent No.3 gave the applicants a stereo-typed reply intimating the applicants that vide MOD ID dated 19.07.2023 and DoO (C&S) letter dated 18.08.2023, it is clarified that "the instruction issued by MOF vide their order dated 27.04.2022 are applicable to the cadre under Central Board of Indirect Taxes and Customs and not applicable to DoO (C&S) and no general instructions has been issued by DoP&T to implement the said order".

5. The aforesaid case of the original applicants was opposed by the original respondents on the ground that the applicants were not entitled for the reliefs for grant of non-functional up gradation in the Grade Pay of Rs. 5,400/- and same was in respect of Group ‘B’ Officer of Department of Posts, R