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IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, MADHU JAIN
Union Of India – Appellant
Versus
Vijai S Karwarsar – Respondent
| Table of Content |
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| 1. challenge to administrative tribunal order. (Para 1) |
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.4
Administrative clarifications cannot diminish statutory entitlements established by resolutions.
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.
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 Tribunal ruled that equal benefits must be granted to all similarly situated employees concerning non-functional grade pay, ensuring compliance with prior judicial decisions.
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....
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