(Under Circulation)

Central Administrative Tribunal, Allahabad Bench Allahabad ****

This is the 22^nd Day of September, 2025 Misc. Application No.3860/2025 In Review Application No.96/2025 On behalf of Union of India & 2 Others.

………….. Review Applicants In Original Application No.595/2024 Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

Hon’ble Mr. Anjani Nandan Sharan, Member (Administrative)

1. Aditya Narayan Pandey, aged about 65 years, S/o Shri Ram Krishna Pandey, Ex. Junior Works Manager, Ordnance Development Centre, Ordnance Factory, Kalpi Road, Kanpur, R/o H.No. 44 & 45 Barra-5, Kanpur, Pin No.857433 .

2. K.K. Rama Rao, S/o late K. Appana, Ex. Junior Works Manager, Drawing Office, Ordnance Factory, Kalpi Road, Kanpur R/o Plot AC-13, Flat No. 302, Avash Vikash-3, Kalyanpur, Kanpur 857434

3. Mohammad Rafi, S/o late Shakoor Khan, Ex. Junior Works Manager, Drawing Office, Ordnance Factory, Kalpi Road, Kanpur 857435

4. Subhash Chandra Biswal, S/o Shri Indramani Biswal, Ex. Junior Works Manager, Drawing Office, Ordnance Factory, Kalpi Road, Kanpur, Resident of C/o Subhendu Biswal, H.No.A-303, ACE ASPIRE, Sector-1, Techzone-4 (UP ) 857436 ………..Applicants Versus

1. The Union of India, through the Secretary, Directorate of Ordnance (C & S)

10 A, Shaheed Khudiram Bose Road, Kolkata 700001 (WB)

2. Director/Senior General Manager, Ordnance Factory, Kalpi Road, Kanpur (A Unit of Advanced Weapons and Equipment India Limited).

3. Chairman cum Managing Director, Advanced Weapons and Equipment SUSHIL KUMAR India Limited, Ordnance Factory, Kalpi Road, Kanpur 208009 …………..… Respondents

O R D E R

Delivered by Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial)

The present Review Application has been filed by the applicant (respondents in the Original Application) through his counsel Shri Chakrapani Vatsyayan under circulation seeking a review of the order dated 10.02.2025 passed by this Tribunal in Original Application No.595/2024 by which the Original Application was disposed of with the following observation an directions:-

7. It appears that the issue involved 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 also 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.

8. Further, it is quite outrageous that the respondents are ignoring the fact that apart from this Bench, other Benches of this Tribunal have repeatedly directed compliance of the said judgement of M. Subramaniam (supra) by holding that the judgements are to be complied in rem and not to be treated as in personam. Hence, it would be in fitness of things if the respondents in the present OA also consider the case of the applicant and meet out the same treatment as has been given to their other counter parts all over India through judgements of the various Tribunal benches in light of M. Subramaniam (supra). It would be pertinent to note that pay fixation matters, like the one under consideration are governed by uniform policies of the Government and so any judgments on these matters by their very nature are always judgments in rem and cannot be interpreted as judgments in personam by the complying authority.

9. Further, similar observation has also been made by a Coordinate Bench of this Tribunal in Original Application No.714/2020 vide its order dated 03.12.2020. Relevant para of the said order is quoted as under for ready reference :-

10. It is quite outrageous that the respondents are ignoring the fact that apart from this Bench, other Benches of this Tribunal have repeatedly directed compliance of the said judgement of M. Subramaniam (supra) by holding that the judgements are to be complied in rem and not to be treated as in personam. Hence, it would be in fitness of things if the SUSHIL KUMAR respondents in the present OA als