ORDER

PER: HON’BLE MRS. SHALINI MISRA, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking therein the following relief:

“To call for the records pertaining to the 1^st respondent order No.38(2)/14/PA-Admn.1/26-106, dated 20.04.2015 and 5th respondentconsequential Order No.39/Admn-1/Rep/GP Rs.5400/-, dated 19.05.2015 holding that the benefit of the judgment of the Hon’ble Central Administrative Tribunal, Madras Bench, in OA.No.966 & 967 of 2009dated 29.12.2010, confirmed by the Hon’ble High Court of Judicature atChennai in W.P.Nos.18611 & 18612 of 2011, dated 19.03.2014 and where the SLP filed by Department was already dismissed by the Apex Court is applicable only to the applicants therein and not extending the same to the applicants herein and declare the same as illegal, arbitrary and violative of Article 14 and 16 of the Constitution of India and the settled law of the land and consequently direct the respondents to step up the Grade Pay of the applicants from Rs.4,800/- to Rs.5,400/- on par with their subordinates from the date their subordinates in Senior Accountants cadre are getting Rs.5,400/- with all consequential arrears of monetary benefits and pass any other order(s) or direction(s) that this Hon’ble Tribunal may deem fit and necessary in the facts and circumstances of the present case and in the interest of justice and equity.”

2. Brief facts of the case are as follows: I. All the applicants belong to the stream of Postal Accounts or to thePostal/RMS Wing. The applicants No.1 to 9, 12 & 19 are Assistant Accounts Officers(AAO), applicants No.10, 15, 17 & 18 are Accounts Officers and applicants No.11, 13, 14 & 16 are Senior Accounts Officers. They were extended the benefits of financial upgradations either of TBOP & BCR or of ACP/MACP. Some of the applicants have already retired. The pay scales of AssistantAccounts Officer as per 6th CPC w.e.f. 01.01.2006 is in Pay Band 2scale of Rs.9300-34,800 + Grade Pay of Rs.4,800 with Gazettedstatus. Pay of all the applicants herein is fixed in this pay scale w.e.f. 01.01.2006 as Assistant Accounts Officer. Their common grievanceis with regard to the Grade Pay of Rs.4,800. II. A Senior Accountant, which is a Group C cadre on the grant of 3rdFinancial Upgradation under MACP Scheme of 2009, i.e. after completion of 30 years of service is being placed in the Grade Payof Rs.5400 in Pay Band 2 Scale of Rs.9300-34800 w.e.f. the date ofoperation of MACP Scheme, i.e. 01.09.2008, whereas an Assistant Accounts Officers like the applicants herein with 30 years of service is only getting Grade Pay of Rs.4800 in PB-2 by treating them as ineligible for 3rd MACP by counting the AAO as 3rd promotion in the hierarchy by referring to Para 28(c) of the MACP Scheme.

Aggrieved by this kind of disparity, the applicants have filed this OA for redressing their common grievance for not getting Rs.5400as Grade Pay in PB 2 scale w.e.f. 01.09.2008, the date from which Senior Accountants have been given the benefit of Grade Pay of Rs.5400 by extending 3rd MACP on account of completion of their 30 years of service as provided under MACP Scheme.

III. As per Recruitment Rules, the post of Assistant Accounts Officer is classified as General Central Service Group B Gazetted Non- ministerial and scale of pay attached to the post in terms of 2001Recruitment Rules is Rs.7450-225-11500. In terms of 6th CPC, the post of Junior Accounts officer and Assistant Accounts Officer came to be merged into one common cadre as Assistant Accounts Officer with PB2 scale + Grade Pay of Rs.4800 with Gazetted status.

IV. All the applicants herein after passing JAO Part I and Part II examinations were either working as JAOs or waiting for their posting as JAOs as on the date of issue of Government Order dated29.08.2008 notifying the CCS(RP) Rules, 2008 in terms of 6th CPC recommendations. The