CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH, BENGALURU ORIGINAL APPLICATION NO.170/00312/2024 Order Reserved on: 20.2.2025 Date of Order: 5.3.2025 CORAM:

HON’BLE MR.JUSTICE B.K SHRIVASTAVA, MEMBER (J)

HON’BLE DR. SANJIV KUMAR, MEMBER (A)

A.B.Godse, Age: 62 years, S/o Anand bhaskar Rao, Retired as Assistant Superintendent of Post offices, Vijayapura Division, Vijayapura-586101, Residing at:

No.3318, "Banashankari"

Vidyanagar, Behind SP Compound, Vijayapura-586109. …Applicant (By Advocate Shri.P.Kamalesan)

Vs.

1. Union of India, Through Secretary,, Department of post, Dak Bhavan, New Delhi 110001.

2. Chief Post Master General, Karnataka Circle, Bangalore-560001.

3. Post Master General, N.K. Region, Dharwad-580001.

4. Superintendent of Post offices, Vijayapura Division, Vijayapura-586101 ……Respondents (By Advocate Shri.N.Amaresh for R 1 to 4)

O R D E R

PER: DR. SANJIV KUMAR, MEMBER (A)

This Original Application has been filed under Section 19 of the Administrative Tribunals Act 1985 claiming the following reliefs:

“1. Direct the respondents to grant grade pay of Rs.5400/- to the applicant from19-10- 2015, since the applicant was granted grade pay of Rs.4800/- from 19-10-2011, vide Chief Post Master General, Karnataka Circle, Bangalore-560216 Memo No.STA/1- 21/MACP/July 10 dated: 4-1-2012 Annexure-A2, and eligible to be granted grade pay of Rs.5400/- in accordance with Government of India, Ministry of Finance letter No.1/1/2008/c resolution dated: 29-8-

2008 para 1(x)(e) Annexure A1.

2. Grant any other relief as deemed fit into the facts and circumstances of the case, in the interest of justice and equity. ”

2. These reliefs are claimed on the grounds as mentioned in paragraphs 5(a) to (e) of the Original Application. The brief facts as narrated by the applicant are that the applicant was working as Assistant Superintendent of Post offices (Group 'B'). The applicant was granted grade pay of Rs.4800/- from 19-10-2011. In accordance with the Finance Ministry resolution dated: 29-8-2008, the Group 'B' officers of the Department of Posts, Revenue etc will be granted grade pay of Rs.5400/- in PB2 on a non-functional basis after 4 years of regular service in grade pay of Rs.4800/- in PB2. The Applicant completed four years of regular service in grade pay of Rs.4800/- as of 19-10-2015, and he was eligible to be granted grade pay of Rs.5400/- from that date. The applicant has a legitimate expectation that he will be granted grade pay of Rs.5400/- in accordance with the Finance Ministry Resolution and also by many judicial orders on the subject. Since he was not granted grade pay of Rs.5400/-, the applicant submitted representations on 29-9-2021 and 15-4-2024 to grant him grade pay of Rs.5400/-. The applicant submits that non- grant of grade pay of Rs.5400/- is arbitrary, illegal and in violation of judicial orders. Hence the applicant has approached this Tribunal seeking the afore-mentioned reliefs.

3. On notice, the respondents have filed their reply statement. No rejoinder has been filed thereafter.

4. The case came up for final hearing on 20.2.2025. Shri P.Kamalesan for the applicant and Shri N.Amaresh for the respondents were present and heard.

5. We have carefully gone through the entire records and considered the rival contention.

6. As there was a delay of more than 3130 days in filing the O.A., the applicant has filed an M.A. No.321/2024 for condoning the delay. As the matter relates to pay fixation and as per various judicial pronouncements and their interpretations, the M.A. has been allowed on 10.01.2025 and the delay in filing the O.A. is condoned.

7. The main contention of the applicant is that his case is covered by the judgment passed by this Tribunal in O.A No.170/206/2024 dated 20.12.2024.

8. As we have examined and compared the facts of this present case with that of OA No. 170/206/2024, we find that the fact of this O.A has similarities with the facts of the case in O.A No.206/2024 except that in the present case, the applicant was to be