The judgment reinforces the principle of equal treatment in pay benefits for similarly situated employees within public service.

ORDER (ORAL)

By Hon’ble Mr. Manish Garg, Member (J)

M.A. No.1354/2026 (Joining Together)

The present M.A. has been filed seeking permission to join together in a single application.

2. For the reasons stated therein, the M.A. is allowed, and the applicants are permitted to pursue the O.A. jointly.

O.A. No. 1031/2026

In the present Original Application (O.A.) filed under Section 19 of the Administrative Tribunals Act , 1985, the applicants seek the following reliefs:-

“(i) That the Hon'ble Tribunal may graciously be pleased to pass an order declaring to the effect that the same action of the respondents not extending the benefits of Hon'ble Tribunal, Hyderabad Bench in the case of B. Udaya Shankara Rao & ors Versus Union of India, decided on 14.9.2015 in OA No. 296/2014 against which the respondent No. 1 had filed WP 31575 and the same was dismissed by Hon'ble High Court of Hyderabad on 6.11.2018. Also, the Hon’ble Supreme Court had dismissed RP(Civil) 2512/2018 pertaining to similar matter on 23.8.2018 and benefit of judgment dated 14.7.2025 in OA No. 4112025 to the applicants is illegal, arbitrary and discriminatory and consequently, pass an order directing the respondents to grant the Non- Functional scale of PB-2 Grade Pay Rs. 54001 and refixation of their pay as per Rule 13 (i) of CCS (RP) Rules, 2008 from the date of completion of 4 years regular service in PB-2 Grade Pay Rs. 48001-, including financial upgradation III ACPIMACP scheme, with all consequential benefits with arrears of difference of pay and allowances with interest as granted to the similarly situated persons vide order dated 08.10.2024, dated 8.12.2025, dated 11.06.2025, dated 03.07.2025, dated 3.12.2025 and dated 16.03.2026.

(ii) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the order dated 03.03.2026 (colly), dated 10.1 0.2025 (Part E) (colly), 15.01.2026, 02.03.2026, 03.03.2026 and 10.03.2026 (colly) (Annex. ).

(iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.”

2. At the outset, learned counsel for the applicant submits that the present application has been filed challenging the action of the respondents in not considering and granting the Grade Pay of Rs. 5400/- in PB-2 on a non-functional basis upon completion of four (04) years of regular service in the Grade Pay of Rs. 4800/-, in terms of Part-C, Section II of the First Schedule to the CCS (Revised Pay) Rules, 2008, along with fixation of pay with increments @ 3% as prescribed under Rule 13 of the said Rules.

3. Learned counsel further submits that the applicant is entitled to the aforesaid benefit in view of the judgment passed by the Hon’ble Tribunal, Hyderabad Bench in B. Udaya Shankara Rao & Ors. vs. Union of India, decided on 14.09.2015 in O.A. No. 296/2014, which has attained finality, as the Writ Petition No. 31575 filed by the respondents was dismissed by the Hon’ble High Court on 06.11.2018, and the Review Petition (Civil) No. 2512/2018 was also dismissed by the Hon’ble Supreme Court on 23.08.2018. It is contended that denial of the said benefit to the applicant is illegal, arbitrary and discriminatory.

4. Learned counsel for the applicant also places reliance upon the decision rendered by a Coordinate Bench of this Tribunal in O.A. No. 4877/2025 titled Surjeet Singh & Ors. vs. Union of India & Ors., decided on 19.12.2025.

5. For the sake of brevity, the relevant portion of the said judgment is reproduced as under:-

“M.A. No.5465/2025

The present M.A. is filed seeking permission of joining together in a single application.

2. For the reasons stated therein, the M.A. No.5465/2025 is allowed.

O.A. No.4877/20