Administrative clarifications cannot diminish statutory entitlements established by resolutions.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition has been filed by the petitioners, challenging the Order dated 09.01.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the, ‘Tribunal’) in O.A. No.2000/2023, titled Dr.Vijai S. Karwasara & Ors. v. Union of India through its Secretary, Ministry of Health and Family Welfare & Ors., allowing the O.A. filed by the respondents herein with the following direction:

“7.1. In view of the above, the OA is allowed, the impugned orders dated 9.6.2023 and 15.6.2023 are liable to be quashed and set aside. Accordingly, in our considered opinion the applicants, who have completed four years of service in Grade pay of Rs.4,800, are entitled to get benefit of Non Functional Up gradation Scale of Rs.5,400/-. Consequently, respondents shall pass necessary orders to this effect within eight weeks from date of receipt of certified copy of this order.”

2. To give a brief background of the facts in which the present petition arises, the respondents were working as Drugs Inspectors, which is a Group ‘B’ post in the Grade Pay of Rs.4800/- ,with the Central Drugs Standard Control Organisation (in short, ‘CDSCO’). They claimed grant of Non-Functional Upgradation (in short, ‘NFU’) from the Grade Pay of Rs.4,800/- to the Grade Pay of Rs.5,400/-, relying upon the Resolution No. 1/1/2008-I C dated 29.08.2008 issued by the Department of Expenditure, Ministry of Finance.

3. The learned Tribunal, by way of its Impugned Order, has held that the respondents were entitled to the same having completed four years of regular service in Level-8 at the Grade Pay Rs.4,800/-.

4. The learned counsel for the petitioners, however, placing reliance on a Clarification dated 06.06.2023 issued by the Department of Expenditure, Ministry of Finance, submits that it had been clarified that the NFU is not payable to Officers at the post of Drug Inspectors/Technical Officers in the CDSCO, as it is applicable only to Group ‘B’ Officers of Department of Posts, Revenue, etc.

5. We are unable to find any merit in the above contention of the learned counsel for the petitioners.

6. The learned Tribunal, in passing the Impugned Order, has placed reliance, inter alia, on the Judgment of the Madras High Court in W.P. (C) No. 13225/2010 dated 06.09.2010 titled M. Subramaniam v. Union of India & Ors., wherein it has been held as under:

“ 6. It is not in dispute that the Government of India vide its resolution, dated 29.8.2008 granted grade pay of Officers of the Department of Posts, Revenue, etc. who completed four years of regular service in the grade pay of Rs. 4800/- in Pay Band 2. According to the petitioner, he has already reached the pay scale of Rs. 7500-250- 12000 by way of ACP Scheme on 1.1.2004 which is corresponding to the pay scale of Superintendent of Central Excise (Group B Post) and therefore, on completion of four year, he is entitled to the grade pay of Rs. 5400/0 with effect from 1.1.2008. In support of his claim, the petitioner also relied upon a clarification issued by the Central Board of Excise and Customs in Letter F.No.A2601/98/2008-AdIIA, dated 21.11.2008 clarifying that the four year period is to be counted from the date on which an officer is placed in the pay scale of Rs. 7500- 12000. However, the claim of the petitioner was denied based on the clarification issued by the Central Board of Excise & Customs, dated 11.2.2009, wherein, it was clarified that the Officers who got the prerevised pay-scale of 7500-12000 (corresponding to grade pay of Rs. 4800) by virtue of financial up gradation under ACP would not be entitled to the benefit of further non-financial up gradation the prerevised pay-scale of Rs. 8,000-13,500 (corresponding to grade pay of Rs. 5400) on completion of 4 years in the Pre-revised pay scale of Rs. 7500-12000.

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8. Thus if an officer has completed 4 year on 1.1.2006 or earlier, he