O R D E R

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial):

PUN MI IT S HKU RM AAR Heard Shri Sachin Upadhyay, learned counsel for the applicants and Shri Chakrapani Vatsyayan, learned counsel for the respondents and with the consent of both the learned counsel for the parties, instant Original Application is being disposed of at the Admission stage itself.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed by the applicants, who are four in numbers for the following reliefs:

(i) To hold and declare that the applicants are entitled to be placed and have their pay fixed in the Non- Functional Grade Pay Scale of Rs. 9300-34800 in Pay Band-II with Grade Pay of Rs.5400/- with all consequential benefits w.e.f. the dates that they completed four years of regular service in the grade pay of Rs.4800/-.

(ii) Issue a suitable time bound order or direction to the respondents to release entire arrears of salary and other emoluments payable to the applicants in consequence of NFG of Rs.5400/- along with reasonable rate of interest.

iii. to award cost of the original application to the Applicants.”

3. The brief facts as narrated in the instant O.A. is that all the applicants while working as Junior Works Manager superannuated from services in different years. The applicant-1 was granted the grade pay of Rs.4800/- on 19.03.2009 and was retired from services on 31.01.2019, The applicant-2 was granted the grade pay of Rs.4800/- on 29.03.2009 and was retired from services on 30.06.2018, The applicant-3 was granted the grade pay of Rs.4800/- on 30.03.2010 and was retired from services on 31.03.2021 and similarly The applicant-4 was granted the grade pay of Rs.4800/- on 01.09.2008 and was retired from services on

31.10.2013.

3.1 Since the applicants were completed four years of regular service in the same grade pay of Rs.4800/- in the year, 19.03.2013, PUNIT KUMAR MISHRA 29.03.2013, 30.03.2014 and 01.09.2012 itself, but they were not granted the benefit of Non-Functional Grade (hereinafter referred as ‘NFG’) in the grade pay of Rs.5400/- on completion of four years of regular service in Grade Pay of Rs.4800/-, the applicants filed a representations before the respondents, which is annexed as Annexure-6 to the Original Application, requesting therein to grant the benefit of Non-Functional Grade of Rs.9300-34800/ in PB-II with grade of Rs.5400 with all consequential benefits, but no heed was paid. Hence, this original application has been filed.

4. Shri Sachin Upadhyay, learned counsel for the applicant submits that now the issue in this Original Application regarding for grant of Non-Functional Grade (NFG) Pay Scale of Rs.9300-34800/- in Pay Band-II with grade of Rs.5400 w.e.f the dates that they had completed four years of regular service in the Grade Pay of Rs.4800/-, is set at rest by the Madras High Court in case of M. Subramaniam Vs. Union of India, which has been upheld by the Apex Court and as such, this Original Application may be disposed of in terms of the aforesaid judgment and order passed by the Madras High Court as well as order dated 09.01.2020 passed by this Tribunal in Original Application No.1005/2019 (Pradeep Kumar & Ors. Vs. Union of India & Ors.).

5. Per contra, Shri Chakrapani Vatsyayan, learned counsel for the respondents submits that the issue involved in this O.A. has already been decided by this Tribunal in O.A. No. 1005/2019, decided on 09.01.2020 as well as High Court of Madras in W.P. No.13225/2010, decided on 06.09.2010, which was affirmed by the Apex Court.

6. We have considered the submissions so raised by the learned counsel for both the parties and perused the records.

PUNIT KUMAR MISHRA

7. It appears that the issue involved in this Original Application regarding regarding for grant of Non-Functional Grade (NFG) Pay Scale of Rs.9300-34800/- in Pay Band-II with grade of Rs.5400 w.e.f the dates that they had completed four years of regular service in the Grad