O R D E R

PER: JUSTICE S. SUJATHA, MEMBER (J)

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“(i) To direct the respondents to fix the pay of the applicant in the pre-revised scale Rs. 7500-250-12000 with the corresponding pay revision in PB-2+Grade Pay of Rs. 4800/- with effect from 01.02.2010, as per his representation dated 06.01.2025, Annexure A7 and extend all consequential benefits accordingly and (ii) Grant such other relief deemed fit, having regard to the facts and circumstances of the case.”

2. Facts in brief as narrated by the applicant are that he being successful in the Junior Accounts Officers Examination, 1993 (Postal) held from 4th-6th July, 1994 got promoted on regular basis to the post of JAO (Junior Accounts Officer) with effect from 01.02.2010. Thereafter, the Department of Posts vide Notification dated 25.06.2009 upgraded the pre-revised pay scale of Junior Accounts Officer and Assistant Accounts Officer (AAO) placing them in a common Pay Band (PB 2 Rs. 9300-34800/-) with Grade Pay of Rs. 4800/- thereby merging the posts of JAOs and AAOs. The applicant retired on attaining the age of superannuation on 31.12.2017. Pursuant to the clarification issued from the office of the Comptroller and Auditor General of India with regard to fixation of pay in the revised pay structure in case of persons promoted as Section Officer and Assistant Accounts Officer between 01.01.2006 and 29.08.2008, the matter was under consideration with the Ministry of Finance. In the meantime, CAT, Ernakulam Bench in OA No. 146/2016 dated 06.07.2023 (K.T. Joseph vs. Union of India and Ors.) held that JAOs on merger of their posts with AAOs are entitled to have their pay fixed in Rs. 7500-12000/- from 21.11.2006, the date of promotion of the applicant therein to JAO. The said order was confirmed by the Hon'ble High Court of Kerala in OP (CAT) No. 184/2023. On further challenge before the Hon'ble Apex Court by the Union of India, SLP (Civil) Diary No. 47100/2024 came to be dismissed. Consequently, the Respondent No. 1 by the Official Memorandum dated 11.04.2025 decided to implement the order of CAT, Ernakulam Bench only in personam to the applicant therein. In such circumstances, the applicant submitted a representation to the Respondent No. 3 dated: 06.01.2025 with a prayer to fix his pay in the pre-revised scale of Rs. 7500-12000/- with effect from 01.02.2010, but of no avail. Hence, this OA.

3. Learned counsel Shri A.R. Holla representing the applicant submitted that having regard to the merger of JAO/AAO, the pay of the applicant requires to be fixed in the upgraded scale of Rs. 7500-12000/- with effect from 01.02.2010, i.e., the date of promotion in the cadre of JAO which merged in the cadre of AAO. Strong reliance is placed on K.T. Joseph, supra. The failure of the respondents to fix the pay of the applicant in terms of K.T. Joseph, supra, interpreting the said judgment as judgment in personam is wholly unjustifiable. Thus, learned counsel submits that the applicant is entitled to refixation of his pay in the revised scale of Rs. 7500-12000/- in PB 2 with Grade Pay of Rs. 4800/- with effect from 01.02.2010; Representation of the applicant ought to have been considered in terms of K.T. Joseph, supra. There being no response, interference of this Tribunal is warranted.

4. Detailed reply statement has been filed on behalf of the respondents. Learned counsel Shri N. Amaresh representing the respondents submitted that the applicant was appointed as JAO on regular basis with effect from 01.02.2010. His pay was duly fixed at Rs. 13270/- + Grade Pay Rs.4800/- with date of next increment on 01.07.2011 in accordance with Rule 13 of the Central Civil Services (Revised Pay) Rules, 2008. Learned counsel further submitted that the cadre of AAO of IP&TAFS Grade B does not have the element of direct recruitment, these provisions (basi