Applicants granted liberty to submit detailed representations for pay scale parity consideration per Supreme Court judgment, without merits adjudication.

ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this OA, the applicants are seeking the following relief:

“……......to direct the respondents no 2 to 9 inaction of the respondents in not disposing of the representations made by the applicants on 05.10.2023 and 16.11.2023 and 6.01.2024 to the respondents and not taking steps for implementing the Supreme court Judgment please to passed in SLP.No.29204/2019 dated 27.07.2022, as illegal and unconstitutional violative of article 14,16 of the Constitution of India and consequently direct the respondents 1 to 9 for granting the pay scale to the applicants presently enjoyed by the Assistants in CSS and other lower formations to the Assistants in the Navy after implementation of Hon'ble Supreme court judgment in SLP.NO.29204/2019 S dated 27.07.2022, otherwise it will put to irreparable loss and hardship to the applicants and pass such other appropriate order or orders may this Hon'ble Tribunal deems fit and proper in the circumstances of the case and in the interest of justice.”

2. When the matter is taken up for consideration, the learned counsel for the applicants submits that, the applicants submitted their request to extend the benefit of pay scale, which has been confirmed by the Hon’ble Supreme Court as the applicants are similarly situated. So far, there has been no response on the part of the respondents. Hence, the applicants approached this Tribunal and prayed for the aforesaid relief.

3. Mr. D. Satyaveer, learned Senior Panel Counsel appeared on behalf of the respondents, opposed the relief, and stated that applicants have submitted their representations, but they have to submit their details as to how they are eligible and entitled to such a plea. However, the applicants have not given such details. They being fence sitters, as well as their claim is barred by limitation. Hence, the request of the applicants cannot be accepted by this court.

4. In view of the submissions made by the learned counsel for the parties, without going into the merits, with limited relief, the applicants are granted liberty to submit their detailed comprehensive representations by giving their details of service individually to the competent authority among the respondents, within two weeks from the date of receipt of the order. Thereupon, competent authority is directed to consider the same in accordance with the policy, rules in vogue as well as following the observations of the Hon’ble Supreme Court in various aspects within four months thereafter. The OA is disposed of. No order as to costs.