The tribunal found that the applicants failed to establish merit for extending previous grade pay benefits due to subsequent amendments in recruitment rules and previous judgments not applied in their favor.

ORDER

Per: RANJANA SHAHI, JUDICIAL MEMBER

At the request of learned counsels for the parties, OA No. 779/2024, OA No. 777/2024, OA No. 780/2024, OA No. 781/2024 and OA No. 778/2024 are taken up together for disposal as common question of law and facts is involved in the aforesaid matters/OAs.

2. For the sake of convenience, brief facts of OA No. 779/2024 are taken up. The applicant has filed the present Original Application (O.A.) mainly seeking the following reliefs: -

“(i) To command & direct the respondent authorities to extent the Hon'ble Central Administrative Tribunal, Principal Bench Delhi of O.A. No. 3227/2011 and MA No. 2379/2011 in favour of applicant;

(ii) To command & direct the respondent authorities to grant the benefit of pay scale 5200-20200 in a grade pay of Rs. 2400/- in view of the order passed in O.A. No. 3227/2011 and MA No. 2379/2011 by Hon'ble Central Administrative Tribunal, Principal Bench, Delhi from the date of promotion to the post of Plaster Assistants & thereafter extend the benefit of 7% Pay Commission, along with all consequential benefits like pay, perks, arrears along with appropriate interest therein.”

3. The sole ground on which the applicant is seeking the benefit of pay scale of Rs. 5200-20200 in the Grade Pay of Rs. 2400/- is the order dated 19.12.2013 passed by the Principal Bench of this Tribunal at New Delhi, in OA No. 3227/2011 (Brham Pal & Ors. vs. Union of India & Ors.). The applicant has also cited the order dated 21.02.2022 passed by Jabalpur Bench of this Tribunal in OA No. 204/2021 (Deepak Jairaj Kalyane vs. Union of India & Ors.) & connected matters, and the order dated 05.09.2022 passed by the Hon’ble High Court of Madhya Pradesh at Jabalpur in Misc. Petition (M.P) No. 3645/2022 (Joint Director, Head Quarter Office, ESIC & Anr. vs. Rajendra Singh).

4. We have perused the order dated 21.02.2022 passed by Jabalpur Bench of this Tribunal in OA No. 204/2021 - Deepak Jairaj Kalyane (supra); the operative part of the same is reproduced as below: -

“11. In view of the above position, the present applicants are entitled for the same relief as has been granted by the CAT, Principal Bench in OA No. 3227/2011 as the judicial propriety demands that the same relief are to be granted.

12. In view of the above position, the respondents are directed to consider the case of the applicant as per the judgment passed by the Principal Bench of this Tribunal in Original Application No. 3227/2011 from the date of promotion to the post of Plaster Assistants & further give the effect of the same in the pay of Plaster Technician & thereafter extend the benefit of 7™ pay commission, along with all consequential benefits.”

5. We have also gone through the order dated 05.09.2022 passed by the Hon'ble High Court of Madhya Pradesh at Jabalpur in M.P. No. 3645/2022 (Supra) wherein the aforementioned order dated 21.02.2022 passed by Jabalpur Bench of this Tribunal in OA No. 204/2021 - Deepak Jairaj Kalyane (supra) was challenged. The operative part of the aforesaid order dated 05.09.2022 passed by the Hon'ble High Court of Madhya Pradesh at Jabalpur is reproduced as below: -

“7. Since the foundational order of Principal Bench of Tribunal is under challenge before the High Court of Delhi and the same has been made subject to final decision by the High Court of Delhi, this Court declines to enter into merits of the matter and leaves it to the High Court of Delhi to decide the legality and validity of the order of the Principal Bench of Tribunal.”

6. From perusal of the order of Jabalpur Bench of this Tribunal as well as the order of the Hon'ble High Court of Madhya