Senior employees should not earn less than juniors in the same cadre due to financial upgradation anomalies.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:

“a. To quash the impugned order dated 22.10.2013 passed by the Respondent No.2 (Annexure No.1).

b. Issue a mandamus directing the respondents to grant the second financial up-gradation with effect from 01.09.2008 in grade pay Rs. 8840+2000 as pay band and third financial up-gradation with effect from 10.04.2010, 07.04.2010, 16.04.2010, 08.04.2010, 08.04.2010 and 12.09.2010 in grade pay Rs.9510+Rs.2400 as pay band to the applicants when they have completed 30 years satisfactory service according to provision of FR-22(1)(a)(1) and as the respondents have already granted to the above said three Chaukidar namely R.D. Singh Yadav, Raj Wali Prasad and Bhuwal Prasad although they are junior than the applicants.

c. To issue any other suitable and equitable order or direction to the Respondents which the Hon’ble Tribunal may deem fit and proper in the circumstances of the present case.”

2. Brief facts of this case as narrated in the O.A. are that the applicants were appointed as regular Chaukidar in the office of the respondents on 06.04.1980, 07.04.1980, 16.04.1980, 08.04.1980, 08.04.1980 and 12.09.1980 respectively. Similarly, R.D. Singh Yadav, Raj Wali Prasad and Bhuwal Prasad were appointed as Chaukidar in office of the respondents on 21.04.1980, 18.04.1980 and 11.04.1980 respectively and as such the above said three Chaukidars are stated to be junior to the applicants. Central Government issued a new financial up-gradation scheme for the benefit of the government employees i.e. MACP scheme with effect from 01.09.2008. Vide order dated 08.03.2011, respondent No.3 granted the second financial up-gradation said to the above three Chaukidars namely R.D. Singh Yadav, Raj Wali Prasad and Bhuwal Prasad with effect from 01.09.2008 in grade pay of Rs.8840 + Rs.2000 as pay band and third financial up-gradation in grade pay of Rs.9510 + Rs.2400 as pay band when they have completed 30 years of satisfactory service but respondent No.3 vide order dated 08.03.2011 granted the second financial up-gradation to the applicants in grade pay of Rs.8530 + Rs.2000 as pay band with effect from 01.09.2008 and third financial up- gradation in grade pay of Rs.9180 + Rs.2400 as pay band when they have completed 30 years of satisfactory service which are much less than the above said three Chaukidars namely R.D. Singh Yadav, Raj Wali Prasad and Bhuwal Prasad. The applicants filed their grievances before the respondent No.2 through representation dated 21.05.2013 and requested therein that the above said three Chaukidars namely R.D. Singh Yadav, Raj Wali Prasad are junior than the applicants, therefore, second financial up-gradation may be granted to the applicants in grade pay of Rs.8840 + Rs.2000 as pay band with effect from 01.09.2008 and third financial up-gradation in grade pay of Rs.9510 + Rs.2400 as pay band when they have completed 30 years of satisfactory service as they have granted to the above said three Chaukidars vide order dated 08.03.2011 but without response. Then the applicants filed an OA No.1125 of 2013 before this Tribunal for redressal of their grievances. After hearing the parties, the Hon'ble Tribunal disposed of the above said OA vide judgment and order dated 10.09.2013 and directed the respondent No.2 to dispose of the representation of the applicants' dated 21.05.2013 within two months. After receiving the certified copy of the judgment and order dated 10.09.2013 along with covering lett