Upon the merger of JAO and AAO cadres, employees are entitled to pay fixation in the revised pay structure under the 6th CPC, and the department cannot deny such benefits by citing a lack of direct recruitment, as doing so violates Article 14 of the Constitution.

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 quash the Order No. 227/Admn/Per 1/61/Rep. Misc dated 27.05.2025, issued by the respondent no. 3, read with the clarification issued vide order dated 29.09.2022, collectively produced as Annexure-A8,

(ii) 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 29.10.2007 with all consequential benefits and

(iii) 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 to the post of JAO (Junior Accounts Officer) on adhoc basis with effect from 29.10.2007 and on regular basis with effect from 31.12.2008. 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 31.07.2014. 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: 11.12.2024 with a prayer to fix his pay in the pre-revised scale of Rs. 7500-12000/-. In response, the impugned order dated 27.05.2025 (Annexure A8) has been issued denying the said claim. 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 29.10.2007, i.e., the date of adhoc 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 29.10.2007, the date of posting as JAO on adhoc basis; The impugned or