ORDER

Per: Hina P. Shah, Judicial Member The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 for the following reliefs:-

“(i) By an appropriate writ, order or direction the action of respondents not to grant upgraded pay scale of Rs. 5500-9000/-, Rs. 6500-10500- and Rs. 7500-12000/- as ordered by the various CAT and upheld by the Hon’ble Apex Court to similarly situated persons be declared illegal and unjustified.

(ii) By an order or direction respondents may be directed to grant upgraded pay scale and 12% interest there on with all consequential benefits.

(iii) By on order or direction applicant may be allowed to file application.

(iv Any other relief which is found just and proper be passed in favour of the applicant in the interest of justice.”

2(a). Brief facts of the case, as stated by the applicant, are that he was appointed as Senior Hindi Translator by DCIT Bombay’s office letter No. DC/Admn-I/H.T./90 dated 12.06.1990 in the pay scale of Rs. 1640-2900, which was revised to Rs. 5500-

9000 w.e.f. 1.1.1996. Thereafter, he was promoted as Assistant Director (OL) vide CBDT, New Delhi office order No. 15/2002 dated 20.12.2002 and, as such, he joined on that post on 31.12.2002.

(b). The applicant states that the controversy in this case pertains to that similarly situated employees filed OAs in different Benches of this Tribunal that the post till 2003 being held by them were treated at par with the post of Senior Hindi Translator in Central Secretariat Official Language Service (CSOLS) as well as in subordinate offices under the Government of India. However, vide OM dated 14.07.2003, the pay scale of Junior Hindi Translator, Senior Hindi Translator, Assistant Director in CSOLS were revised, upgraded and fixed at Rs. 5500-9000, Rs. 6500-

10500 and Rs. 7500-12000/- respectively. The applicant retired from the post of Asst. Director (OL) on 31.03.2015. The Calcutta Bench of this Tribunal in OA No. 912/2004 and 939/2004 held that the applicants are entitled to be treated at par with Hindi Translators in CSOLS. The said order was challenged before the Hon’ble Calcutta High Court, which has confirmed the order of Calcutta Bench of this Tribunal.

Similar OAs were also filed before Principal Bench, Bombay Bench, and Chandigarh Bench of this Tribunal and the relief has been granted which has been confirmed by the respective Hon’ble High Courts.

Lastly, Union of India filed SLP No. 17419/2009 (Union of India & Ors. vs. Rajesh Kumar Gond and Ors.), which was decided vide order dated 26.07.2013 whereby SLP filed by the Union of India was dismissed and the orders passed by this Tribunal as well as by the Hon’ble High Courts were confirmed. Thereafter, judgments / orders were implemented in various departments of the Government vide order dated 27.11.2008 (Annexure A/5) by giving reference of various Benches of this Tribunal including the judgment of the Hon’ble Apex Court. After implementation of the judgment of the Hon’ble Apex Court, applicant made a representation before retirement and also after retirement on 03.01.2020 & 04.02.2020 through proper channel but the applicant has not been granted upgraded pay scale as has been granted to similarly situated junior and senior employees. The applicant has further stated that he has filed representations to implement the judgment of the Hon’ble Apex Court and thereafter respondent No. 2 directed all Chief Commissioners and Directors of Income Tax Department to implement the order of this Tribunal to avoid contempt proceeding by granting higher pay scale of Rs. 5500-9000, Rs. 6500-

10500 and Rs. 7500-12000 to Jr. Hindi Translators, Sr. Hindi Translators and Assistant Director (OL), respectively. The applicant has also submitted reminders, but the respondents have no