CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH O.A. No.310/01144 of 2021 DATED WEDNESDAY, THE 19 ^TH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

A C. Seshadri, Steno Grade I All India Radio No.7, Kamarajar Salai Mylapore, Chennai-4.

..........Applicant (Advocate: M/s. Paul & Paul )

Vs.

1. Union of India, Rep. by Secretary, Ministry of Information and Broadcasting, 'A' wing. Shastri Bhavan, New Delhi-110001;

2. The Director General, All India Radio Akashvani Bhavan, Parliament Street, New Delhi-110001;

3. The Deputy Director (Admin)

All India Radio, Akashvani Bhavan, Parliament Street, New Delhi-110001;

4. The Deputy Director General (Engg.)/HOO, All India Radio, Chennai-600 004. …...Respondents (Advocate: Mr. M. Kishore Kumar, SPC)

O R D E R (Hon'ble Ms. Veena Kothavale, Member(J)

Applicant has filed this Original Application seeking to set aside the order nd passed by the 2 Respondent in 24/4/2021/-S.VI/128 dated 05.08.2021 and nd consequently to direct the 2 Respondent to grant the Non-Functional Upgradation to the applicant in the Grade Pay of Rs. 5400/- from the date of completion of four years of service in the Grade Pay of Rs. 4800/- i.e., 11.06.2020 and also to pay arrears along with the interest of 9% from 11.06.2020.

2. Applicant states that he was appointed as Steno Grade 'D/ Steno Grade III on 11.06.1986 under the CSSS Cadre in All India Radio, stationed at New Delhi, thereafter on 08.02.1988, he was transferred to subordinate office of AIR. Chennai. Applicant was granted 1^st Financial Upgradation under ACP Scheme in the pay scale of Rs.5000-8000 in the year 1999. Subsequently, he was promoted as Grade II in the year 2000. Further he was granted 2^nd Financial Upgradation under MACP Scheme in the pre revised Scale of Rs.5500 with a Grade Pay of Rs.4600/- in the year 2008. Thereafter, as per News Service Division of All India Radio's (Cadre Controlling Authority) instructions, Grade II and Grade I were merged and re-designated as Steno Grade I with retrospective effect from 01.01.2006 in the year 2014. Now the applicant is working as Steno Grade I in AIR, Chennai. Applicant was granted the 3^rd financial upgradation under MACP Scheme with effect from 11.06.2016 vide Directorate's order No.2/2/2015/S-VI/257 dated 14.12.2017 and is now in the grade pay of Rs.4800/- (Non-functional).

th

3. Applicant further states that the 6 Pay Commission had recommended for grant of grade pay of Rs.5400/- to officials who have completed 4 years of service in the grade pay of Rs.4800/-. The above recommendation was accepted by the Government of India in its resolution No. 1/1/2008 dated 29^th August 2008. In Part B of the CCS (Revised Pay) Rules, 2008, which came into force from 01.01.2006, it has been provided that the office staffs namely Administrative Officer Grade - II/ Steno Gr. II / Private Secretary/equivalent in the pay scale of 7500-12000 with the Grade Pay of Rs.4800/-, working in organizations outside the Secretariat, are eligible to avail the Grade Pay of Rs. 5400/- after completion of four years of service in the Grade Pay of Rs.4800/-. As the applicant is now in the grade pay of Rs.4800/- (Non- functional), equivalent to the pay of Sr. Private Secretary, he comes well within the recommendation of Pay Commission as he is drawing the pay equivalent to that of Sr. Private Secretary and hence, the judgement of the Hon'ble CAT, Principal Bench in O.A. No. 953 of 2013 is applicable to him. As the applicant has completed 4 years in the grade pay of Rs.4800/- on 11.06.2020, he is entitled for the non-functional Grade Pay of Rs. 5400/- with effect from 11.06.2020 as per the resolution passed by the (1^st respondent) Govt. of India and the CCS (Revised Pay) Rules, 2008.

4. Applicant further states that the question of granting the non-functional financial upgradation in the grade pay of Rs.5400/- to the employees who have reached the grade pay of Rs. 4800/- by wa