CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH OA No. 310/01045 of 2023 DATED FRIDAY, THE 19^th DAY OF SEPETMBER, TWO THOUSAND AND TWENTY FIVE CORAM :

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

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

M. Dharmaraj (Age 67)

S/o. Mariappan Ad (BD & Tech), Coimbatore (Retired)

Residing at No. 108, North Street No.2 Krishnapuram, Singanallur Post, Coimbatore- 641 005. .....Applicant (Advocate: M/s. M. Mohanarangam)

Versus

1. Union of India Rep by the Secretary Department of Posts Dak Bhavan New Delhi 110001;

2. Chief Postmaster General, Tamilnadu Circle Chennai -600002. ....Respondents (Advocate: Ms. M. Shanthini)

CAV ON : 16.09.2025

O R D E R

(Hon'ble Ms. Veena Kothavale, Member(J)

This OA is filed by the applicant under section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-

nd "(i) call for the records of the 2 Respondent pertaining to his orders in STC/1-6/NF Grade/Dlgs/2021 dated 09.08.2021 and quash and set aside the same, consequent to (ii) direct the Respondents to grant the Grade Pay of Rs 5400 in PB 2 on non-functional basis to the applicant from on the completion of 4 years of regular service in the grade of Rs 4800/- on 26.12.2015 as per the government of India Resolution (A1) and in accordance with the relief granted to the applicants in OA No.1273/2013, and 106/2016 of this Hon'ble Tribunal and implementation orders letter No 2-16/2019 dated 23.10.2019 nd issued by the Respondent No. 2 and implemented by the 2 Respondent vide his memo no STA/34-8617/CAT/13 dated

13.02.2020 with all consequential benefits and refix his pension.

(3) pass such further or other orders as this Hon'ble Tribunal may deem fit and proper in the circumstance of the case.’.

2. Briefly stated, the case of the applicant is that he was initially appointed as Sorting Assistant in RMS CB Division on 18.06.1981 and was subsequently promoted as Inspector of Posts, RMS MA Division, Madurai on 31.08.1994 and thereafter, he was promoted as Assistant Superintendent of Post Offices w.e.f 04.08.2005 and was granted MACP-III in the Grade Pay of Rs.4800/- in PB-II w.e.f. 24.06.2011 which is Group B post. The respondents failed to grant non-functional selection grade in the grade pay of Rs. 5400 in PB 2 to the applicant on the date on which he was eligible on 26/12/2015.

3. It is submitted that as per the GOI Resolution No.1/1/2008-1C, notified by the Government of India in the Gazette of India dated 29-08-2008, Group B officers of Department of Posts, Revenue, etc. are granted grade pay of Rs. 5400 in PB 2. The applicant has completed 4 years of regular service in the grade pay of Rs.4800/- in PB-2 on 26/12/2015. As such, he was thus eligible for grant of Grade Pay of Rs.5400/- from that date.

4. The applicant submits some of the employees who were not granted grade pay of Rs. 5400 in PB-2 or non-functional basis, as per the resolution of GOI, agitated before this tribunal in OA No. 1273/2013 and OA No.106 of 2016 which were allowed by this Tribunal. The respondents challenged order of this tribunal before Hon'ble Madras High Court in W.P.No. 26440/2019 and the same was dismissed by the Madras High Court on 09/09/2019. The said order has been implemented by the respondents vide Memo No. STA/34 -8617/CAT/13 dated 13/02/2020.

5. It is further submitted that now this issue stands settled by several judgements, and in particular, the judgement of the Hon’ble High Court of Madras dated 06/09/2010 passed in W.P No.13225/2010 in the case of M. Subramaniam Vs UOI and the judgement of the Apex Court in C.A No.8883/2017 (arising from SLP (C) No.17576/2017) dismissing the challenge to the judgement of the Hon’ble High Court of Madras in W.P No.13225/2010. The said order has since become final and implemented by the respondents.

6. The applicant submitted his representation to the respondents to grant GP of Rs5400 in PB-2 on non-functional basis as he has completed four years of regular service in GP. Rs.4800 in PB-2 on 26/12/2011, a