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2025 Supreme(Online)(CAT) 11850

CENTRAL ADMINISTRATIVE TRIBUNAL
Dinesh Kumar – Appellant
Versus
Central Research Institute Kasauli – Respondent
O.A./564/2024



CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH Circuit Bench at Shimla, the 24 t h day of September, 2025 CORAM:

HON’BLE MR. RAMESH SINGH THAKUR, MEMBER (J)

HON’BLE MRS. ANJALI BHAWRA, MEMBER (A)

1. Dinesh Kumar s/o Sh. Roshan Lal, aged 46 years, 2. Baldev s/o Late Sh. Gian Ram, aged 53 years, 3. Narender Singh-II s/o Late Sh.Khazan Singh, aged 54 years, 4. Ravinder Singh s/o Sh. Kewal Ram, aged 53 years, 5. Naresh Kumar-I s/o Sh. Kirpa Ram, aged 46 years, 6. Hans Raj s/o Sh. Moti Sagar, aged 58 years, 7. Yoginder Singh s/o Late Sh. Roshan Lal, aged 43 years, 8. Sanjay Kumar s/o Sh. Dharam Singh, aged 49 years, 9. Kumari Upasana w/o Sh. Sumit, aged 28 years, 10. Joginder Singh s/o Late Sh. Ami Chand, aged 46 years, 11. Anil s/o Late Sh. Jit Singh, aged 43 years, 12. Ramesh s/o Sh. Mahender, aged 29 years, 13. Durga Dass s/o Late Sh. Hari Ram, aged 52 years All the applicants are working as Laboratory Assistant i n t he o ffice o f Director, Central Research Institute, Kasauli, District S olan, H imachal Pradesh. Pin 173204 (Group-C employees)

...Applicants (By Advocate: Mr. K.B. Sharma)

VERSUS

1. Union of India through the Secretary to Government o f I ndia, Ministry of Health & Family Welfare, Nirman Bhawan, N ew D elhi. P in

110011.

2. Director General of Health Services, Ministry o f H ealth & F amily Welfares, Nirman Bhawan, New Delhi. Pin 110011.

3. Director, Central Research Institute, Kasauli, District S olan, H imachal Pradesh. Pin 173204.

4. Pay a nd Accounts Officer, Ministry of Health & F amily W elfare, 2 2 Sham Nath Marg, Delhi-110054.

…Respondents (By Advocate: Mr. Nand Lal Thakur)

O R D E R

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. The present Original Application filed under S ection 1 9 o f t he Administrative Tribunals Act, 1985 is preferred a gainst t he o rders Annexure A-1(Colly), to the extent, while promoting t he a pplicants a s Laboratory Assistants, they have been placed in L evel-3 o f P ay M atrix meant for un-revised pay scale of Rs. 3200-4900/- i nstead o f p roper pay s cale of Rs. 4000-6000/- in Level-4 of pay Matrix. T he a pplicants have sought reliefs as under:

“a) Quash the orders dated 25.10.2023, 11.05.2023, 0 9.11.2022, 29.04.2023, 10.11.2023,12.12.2023, 29.12.2023, 0 8.04.2024, 2 4.04.2024, (Annexure A-1 Colly) to the extent, while promoting t he a pplicants a s Laboratory Assistants, they have been placed in Level 3 o f P ay M atrix meant for un-revised pay scale of Rs. 3200-4900/- i nstead o f p roper p ay scale of Rs. 4000-6000/- in level-4 of Pay Matrix.

b) Issue of directions to the respondents to grant the a pplicants t he p roper grade pay of Rs. 2400/- (level-IV) in Pay Matrix, meant f or e rstwhile p ay scale of Rs. 4000-6000/- instead of Rs. 2000/- meant f or u nrevised p ay scale of Rs. 3200-4900, in the pay band of Rs. 5200-20,200 a nd i n l evel 4 , in view of judicial pronouncements in the case of Kesar S ingh & O rs. v s Union of India and Ors, as upheld by the Hon'ble H.P. H igh C ourt i n C WP No. 327 of 2004 decided on 22.4.2009, Shyam Lal Bhardwaj & O rs v s U nion of India and Others, Ο.Α. No. 594/HP/2005 titled as Anil K umar & O thers v s Union of India and Others, decided on 14.02.2011 and l astly S hiv N arain & Others vs Union of India and Others, Ο.Λ.Νο. 63/0039/2016 d ecided o n 03.01.2017 from due date i.e. date of their promotion a s L aboratory Assistants, with all consequential benefits of arrears o f p ay a nd a llowances with interest @ 9% per annum from the date of amount b ecame d ue t o t he actual date of payment, more so when this Hon'ble T ribunal h as a lready held in O..A No. 611-HP-2005 decided on 01.02.2006, t hat c ategory o f applicants is entitled to benefit of decision in the c ase o f K esar S ingh (supra), who were granted scale of Rs. 4000-6000/-, a nd t his s cale w as granted to the applicants as well as non applicants a nd o nce t his i ssue stands settled in the Court of law, non-grant of scale b y r espondents i s illegal and they are trying to uns

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