ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

The applicant has filed the OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief: -

st “(i) To call for the records of the 1 respondent and to declare that the applicant is entitled for the benefits of Grade pay of Rs.5400 in PB2 on Non- Functional basis after 4 years of service in the Grade Pay of Rs.4800 in PB-2 (ii) To quash order in GCCO/CCA/MISC/117/2022-

CFCCA, dated 08.11.2023 (iii) To direct the respondents to grant the benefits of Grade pay of Rs.5400 in PB-2 on Non-functional basis after 4 years of service in the Grade Pay of Rs.4800 in PB-2 to the applicant at the earliest with all consequential benefits and all the pensionary benefits may be calculated reckoning the deemed last pay as the basis and various pensionary benefits worked out accordingly, along with interest at the rate of 12% p.a. from the due date and also the revised PPO issued after revising the extent of pension.

(iv) To issue appropriate directions or orders which this Hon’ble Tribunal deems fit, just and proper in the circumstance of the case to meet the ends of justice and (v) To award costs to the applicant for deliberating dragging the applicant to this Hon’ble Tribunal”

2. Brief facts of the case, as stated by the applicant are as follows:

The applicant worked as Assistant Commissioner of GST & CE, Trichy and retired on 30.06.2020 on attaining superannuation. The applicant submitted a request dated 23.10.2023 for grant of Grade pay of Rs.5400/- on completion of 4 years of regular service in Grade Pay of Rs.4800/- under ACP/MACP Scheme in the light of the judgement of Hon’ble Supreme court in CA.No.8883/2011 filed by one M. Subramaniam. The respondents did not grant the same and rejected the request of the applicant by letter dated 08.11.2023 without any reason or justification. The applicant submits that he is aggrieved by the non-consideration and the resultant denial of grant of the scale pay of non-functional grade GP of Rs.5400 in PB-2 on completion of 4 years of continuous service in the GP of Rs.4800 in PB-2. The applicant submits that this Tribunal in OA Nos 288/2021, 405/2021, 406/2021, order dated 14.06.2022 & 624/2021 and order dated 02.12.2022, directed the respondents to grant non functional Grade Pay of Rs.5400 in PB-2 to the applicant on completion of 4 years of service in GP of Rs.4800 with all consequential benefits including arrears of pay within a period of 3 months from the date of receipt of the copy of the order. The applicant is also similarly placed person. The respondents did not consider the representation of the applicant and the benefits of Grade pay of Rs.5400 in PB2 has not been extended to the applicant and therefore, the applicant is constrained by the circumstance and left with no other remedies is forced to approach this Hon’ble Tribunal by the present OA

3. The learned counsel for the applicant contended that as per the letter in F.No.A-20617/98/2008-Ad.II.A, dated 21.11.2008 conveyed the clarification of the Department of Expenditure that the 4 year period is to be counted with effect from the date on which an officer is placed in the pay scale of Rs.7500-12000 (pre-revised) A-3. Thus, if an officer has completed 4 years in the pay scale, he will be given the Non – functional Up-gradation with effect from 01.01.2006. If an officer completed 4 years in the pay scale on a date after 01.01.2006, he will be given Non- Functional Up-gradation from such date on which he completed 4 years in the pay scale.

4. He further contended that this Tribunal extended this similar benefit to many similarly placed person in the department of the respondents in various cases, and stated that all the judgement are enclosed in the OA. In OA No.1626/2019, vide order dated 01.01.2020, this Tribunal had directed the respondents to grant Non-Functional GP of Rs.5400/- (PB2) to the applicant on completion of 4 years of service in GP of Rs.48