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2025 Supreme(Online)(CAT) 9442
CENTRAL ADMINISTRATIVE TRIBUNAL
Shri Krishna, ACJ, Shri Umesh Gajankush, J
Amrendra Kumar S/o: Lt. Shri Laxmi Narayan Singh, Suraj Bhan S/O Late Shri Ramanand, Mrs. Abha Bhatnagar W/O Ram Prakash Bhatnagar, Suresh Subhana Killekar, Balraj Giasilal Kanojiya S/O Late Giasilal Kanojiya, Smt. Laxmi Sahu W/O Rabindra Kumar Sahu, Smt. Sunitha Pillai D/O Late V. Ayyappan Nair, Mrs. Anjali Phadnis W/O Mr. Kedar Vasant Phadnis, Anthony Steven Victor S/O Anthony Victor, Santoshkumar M Gupta S/O: Shri Munnilal B. Gupta, Smt. Bharti Singh W/O Shri Pawan Kumar Singh, Yogesh Tiwari S/O Satrajit Tiwari, Smt. Rashida N. Khan D/o Dilawar Sheikh, Naresh Golandas Gadpal S/o Golandas Domaji Gadpal, Ajay Kumar Jha S/o: Lt. Tej Narayan Jha, Manohar S. Lakhorkar Son of Shivramji Lakhorkar, Vivek Omprakash Swami S/O late Omprakash Swami, Mahendra Krishna Ahire S/O Late Shri Krishna Mahadeo Ahire, Vishnu B. Deokar S/O Babruvahan Sitaram Deokar, Smt. Hepsiba Yesupadam D/O Late K.G. Sundermurthy, Smt. Malika Mohammad Nisar Shaikh W/o Shri Mohammad Nisar Shaikh, Mrs. Hemlata S. Bhatnagar D/o Late Shri S.P.Bhatnagar – Appellant
Versus
The Union of India, Through the Secretary, Ministry of Defence, Director General of Ordnance, Directorate of Ordnance (Co-ordination & Services) – Respondent
ORIGINAL APPLICATION No.592 OF 2021
For the Appellants/Petitioners: Shri Vishal P. Shirke
For the Respondents: Shri N.K.Rajpurohit
The tribunal ruled on the entitlement to upgraded pay scales for Junior Hindi Translators while allowing further representation for other cadres.
Headnote:The judgment concerns Original Application No.592 of 2021, challenging an order under Section 19 of the Administrative Tribunal Act, 1985. The tribunal was asked to review a refusal to extend higher pay-scales to translators based on earlier recommendations. The court found that the impugned order was limited to Junior Hindi Translators and directed similar benefits as per prior case rulings while allowing representation for other categories. The decision emphasized adherence to past tribunal orders.
| Table of Content |
|---|
| 1. applicants challenge pay scales in respect of translators. (Para 1 , 2) |
| 2. arguments regarding entitlement based on previous orders. (Para 3 , 6) |
| 3. court reflects on past cases regarding pay scale benefits. (Para 8 , 9 , 10 , 12) |
| 4. decision on compliance and representation for unaddressed categories. (Para 13) |
| 5. final order on the original application. (Para 14 , 15) |
ORDER
Per : Shri Krishna, Member (A)
The applicants have filed the present Original Application under Section 19 of the Administrative Tribunal Act , 1985 to challenge the impugned order dated 26.09.2019 (Annexure A-1 collectively) from page Nos.19 and 20 of the OA and prayed for the following reliefs :
“8(a). This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same quash and set aside the decisions of Respondent No. 2 dated 16-09-2019 refusing to extend the benefit of higher pay-scale to the cadre Translators / Official Languages in the Ordnance Factory Board with all consequential benefits.
8(b). This Hon'ble Tribunal may further be pleased to direct the Respondents to fix the pay of the Applicants in the pay- scale of Rs.5500-9000 for Junior Hindi Translator/Junior Translation Officer, Rs. 6500-10500 for Senior Hindi Translator / Sr. Translation Officer and Rs. 7500-12000 for Hindi Officer / Assistant Director of Official Language notionally with effect from 1st January 1996 and actually w.e.f. 1st March 2003 along with arrears of pay and allowances together with interest @ 12% per annum.
8(c). Costs of the application be provided for.
8(d). Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed.”
2. It is the case of the applicants that at the time of recommendations of 5th Central Pay Commission, the Official Language cadre in the Central Secretariat Language Service consisted of following posts :
(i) Junior Hindi Translator : Rs.5,000 – 8,000, (ii) Senior Hindi Translator : Rs.5,500 – 9,500, (iii) Hindi Officer : Rs.6,500 – 10,500 The hierarchical structure of Central Secretariat Official Language Service was also maintained in various other Defence and in particular Ordnance Factories.
2(a). In view of the recommendations of 5th Central Pay Commission, it was decided to upgrade pay scales of Official Language Cadre as follows :
(i) Junior Hindi Translator : Rs.5,000 – 8,000,
(ii) Senior Hindi Translator : Rs.5,500 – 9,500,
(iii) Hindi Officer : Rs.6,500 – 10,500
2(b). By order dated 19.02.2003 issued by Official Language Department in the Ministry of Home Affairs, Presidential sanction was issued for upgradation of pay-scales of the post of Junior Translator and Senior Translator w.e.f. 11.02.2003 as under: -
(i) Junior Hindi Translator : Rs.5,500 – 9,000,
(ii) Senior Hindi Translator : Rs.6,500 – 10,500.
It was specifically directed in the said order that all Ministries / Departments / concerned Offices should take necessary action as per the said order (Annexure A-2).
2(c). In quick succession, Office Memorandum dated 14.07.2003 (Annexure A-3) was issued by the Ministry of Finance, Department of Expenditure conveying approval of the Ministry of Finance for extension of upgraded scale to the Translators
2(d). It appears that Ministry of Defence sent proposal to the Ministry of Finance, Department of Expenditure for applicability of the decision with regard to upgradation of pay-scales in Central Secretariat Official Language Service in the Ministry of Defence. The Ministry of Finance, Department of Expenditure issued order dated 23.07.2004 (Annexure A-4) agreeing to the proposal of Ministry of Defence and granted approval for upgradation of pay- scales of the post of Junior Translator. Senior Translator and Assistant Director (OL) (erstwhile Hindi Officer) in the Armed Forces Headquarters Official Language Service from the pay- scale of Rs.5,000-8,000/- to Rs.5,500-9,000/-, Rs.5,500-9,000/- to Rs.6,500-10,500/- and Rs
