The Tribunal ruled that equal benefits must be granted to all similarly situated employees concerning non-functional grade pay, ensuring compliance with prior judicial decisions.

ORDER (ORAL)

PER: SURESH KUMAR BATRA, MEMBER (J):

The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:-

“(i). That the record of the case be called for; in the interest of justice.

(ii). That the impugned Establishment Order No. 07/2010 dated 29.05.2020 to the extent the applicant listed at serial No. 59 therein, has been given Non-Functional Grade Pay (NFGP) in the grade pay of Rs. 5400/- w.e.f. 17.12.2018 (Annexure A-1/A) be quashed and set-aside, in the interest of justice, and consequently the respondents be directed to grant the applicant Non-Functional Grade Pay (NFGP) w.e.f. 06.02.2017 in terms of law laid down vide Judgment dated 06.09.2010 passed by the Hon'ble High Court of Madras in case of M. Subramanian vs. Union of India & others annexed as Annexure A-4 upheld vide A-5 & A-6 and A-7 upheld vide A-8 and office implementing office orders annexed as Annexure A-9, 11 & 12.

(iii). That the respondents be directed to decide the representation dated 30.07.2021 of applicant Annexure A-1, in a time bound manner, and grant the applicant Non-Functional Grade (NFG) in the Grade Pay of Rs. 5400/- w.e.f. 18.08.2008 i.e. on completion of 4 years of regular service in the Grade Pay of Rs, 4800/- in PB-2 (Rs. 7500-12000 pre-revised), in terms of decision of the Government of India dated 21.11.2008 and Judgment dated 06.09.2010 passed by the Hon'ble High Court of Madras in case of M. Subramanian vs. Union of India & others (Annexure A-4) upheld by the Hon'ble Supreme Court vide Judgement dated 10.10.2017 and 23.08.2018 (A-5 & A-6) and office_implementing office orders dated 25.09.2018, 13.12.2019 and 19.04.2022annexed as Annexure A-9, 11 & 12, in the interest of justice.

(iv). That the action of the respondents in granting the claim / benefit involved in the present case i.e. Non-Functional Grade Pay (NFGP) to the grade pay of Rs. 5400 i.e. on completion of 4 years of service in the grade of Rs. 4,800/-, only to those employees who are filing the Court cases, as is evident from the implementing Office Order dated 25.09.2018, 13.12.2019 and 19.04.2022 (Annexure A-9, 11 & 12) be declared arbitrary, illegal, discriminatory and against the rules and law and violative of Article 14 of the Constitution of India and quashed and set-aside, in the interest of justice.

(v). That the applicant be held entitled to all consequential benefits and reliefs i.e. from the due date including the arrears, in the interest of justice.

(vi). That this Hon'ble Tribunal may also pass any other order in favour of the applicant which it may deem fit in the light of peculiar facts and circumstances of the case.

(vii). That the cost of the application may also be awarded in favour of the applicant.”

2. The facts of the case in nutshell, are that the applicant joined the respondent department as Lower Division Clerk (LDC) on 20.08.1993. Thereafter, she was directly recruited as Upper Division Clerk (UDC) on 01.03.1995. Thereafter, she was promoted as Inspector (adhoc) on 18.12.2002 and got regularised on 24.01.2003. She was granted 2^nd Financial Upgradation under MACP Scheme w.e.f. 07.02.2013 vide order dated 22.12.2016 in the Grade Pay of Rs. 4,800/- in pay scale 9300-34800. The applicant was further promoted to the post of Superintendent (adhoc) on 17.12.2014 and got regularized on 23.01.2017.

3. It is submitted that vide order dated 29.05.2020, the respondents granted Non-functional Grade Pay of Rs. 5400/- w.e.f. 17.12.2018 (Annexure A-1/A) to the applicant. The name of the applicant is listed at S. No. 59 in the order whereas the applicant is entitled to the same w.e.f. 06.02.2017, the date she completed four years of regular service in the Grade Pay of Rs. 4,800/- in t