Applicants entitled to Grade Pay of Rs.5400 after four years in Grade Pay of Rs.4800 as per established precedent.

ORDER

By Akhil Kumar Srivastava, Member (J).

The applicants in these Original Applications are aggrieved that they have not been granted the benefit of Grade Pay of Rs.5400/- after rendering four years continuous service in the Grade Pay of Rs.4800/-. Since issue involved in both these Original Applications is identical, we propose to decide both these OAs by way of a common order.

2. The applicants in these cases are serving/retired JWMs of Ordnance Factory Khamaria and Vehicle Factory. They have been granted the Grade Pay of Rs.4800/- by virtue of financial upgradation under ACP/MACP scheme. All the applicant have completed four years of service in the Grade Pay of Rs.4800/- Grievance of the applicants is that upon completion of four years of service in the Grade Pay of Rs.4800/-, they are entitled to get the Grade Pay of Rs.5400/-, as has been extended to the similarly situated persons working under different Ministries even of the same Ministry.

3. We find that similar issue has already been considered and decided by this Tribunal in Original Application No.200/969/2018 & other connected OAs vide order dated 09.11.2023. The relevant paragraphs of the order dated 09.11.2023 read as under:

“4. The applicants have retired from their services while holding the post of Junior Works Manager and all applicants have been granted the grade pay of Rs.4800/- by virtue of financial upgradation under ACP/MACP scheme. The Government of India has issued a Resolution dated 29.08.2008, accepting the recommendation of the Pay Commission inter alia specifying that the Group-B officers of Department of Post, Revenue etc. will be granted Grade Pay of Rs.5,400/- in PB-2 on non-functional basis after rendering four years regular service in the Grade Pay of Rs.4,800/-.

5. The applicants submit that the issue regarding grant of Grade Pay of Rs.5400/- after completion of four years service in the Grade Pay of Rs.4800/-, was agitated by one similarly placed employee M. Subramaniam before the Hon’ble High Court of Madras in W.P. No.13225/2010 and the Hon’ble High Court has clarified as to how the four years period is to be counted for the purpose of granting nonfuncational upgradation to Group-B Officer. The same principle has also been followed by the various Benches of this Tribunal and since the applicants are also similarly placed employees, they have legitimate right to get Grade Pay of Rs.5400/-, and the applicants are feeling aggrieved with the action of the respondents in denial of the benefit of up-gradation in the grade pay of 5,400/-.

6. In their reply, the respondents have stated that all the applicants were holding the post of Junior Works Manager carrying Grade Pay of Rs.4600/- in the Pay Band-2 as per the recommendation of 6th CPC. All the applicants were granted Grade Pay of Rs.4800/- (level-8) as the third upgradation under the ACP/MACP scheme in the post of JWM. There is no provision of granting of non functional upgradation in the grade pay of Rs.5400/- for JWM who got financial upgradation under MACP in the Grade pay of Rs.4800/-. Further it is submitted by the respondents that non functional upgradation to the grade pay of Rs.5400/- in the pay band-2 can be given on completion of four years of regular service in the grade pay of Rs.4800/- in PB-2 after regular promotion and not on account of financial upgradation due to ACP.

7. The applicants have also filed rejoinder to the reply filed by the respondents reiterating their earlier submission. It has been again submitted that the applicants are similarly placed employees to that of M. Subramanian and are entitled for the same benefits. Further applicant in M.A. No.801/2023 has submitted that Principal Bench of this Tribunal has decided the similar issue and all the grounds raised by the respondent herein in the present O.A. have been dealt and has been rejected by Principal Bench in O.A. No.1766/2016 (Pawan