Group B Postal officers entitled to non-functional grade pay Rs.5400/- in PB-2 after 4 years in Rs.4800/- per 6th CPC Resolution 29.08.2008 para x(e), irrespective of MACP origin or cadre apex claims; 7th CPC clarifications do not override.

O R D E R

Hon’ble Mr. Sudhi Ranjan Mishra, J.M.

The applicant has filed this OA challenging the action of the respondents in not granting the Grade Pay of Rs. 5400/- in PB 2 after completion of 4 years of regular service in Grade Pay of Rs. 4800/- and has prayed for following reliefs:

(a) Admit the Original Application, and

(b) After hearing the counsels for the parties be further pleased to quash the rejection order issued vide letter No. ST/5-14/MACP/2013 dated 07.11.2023 at Annexure A/5 and direct the departmental respondents to grant Grade Pay of Rs. 5400/- in PB 2 after completion of 4 years of regular service in Grade Pay of Rs. 4800/- in PB 2 i.e. w.e.f. 19.07.2021.

(c) Direct the respondents to re-fix the pay and pension of the applicant after granting the Grade Pay of Rs. 5400/- and grant all arrear pay and pension as a consequence of such fixation within a stipulated period in the interest of justice. And/or

(d) Pass any other order(s) as the Hon’ble Tribunal deem just and proper in the interest of justice considering the fact3s and circumstances of the case and allow this OA with costs.

2. The facts of the case as inter alia averred by the applicant in the OA is that he had joined the Department of Posts as Stenographer Gr. III w.e.f. 06.07.1987 in the office of the Postmaster General, Sambalpur Region, Sambalpur and then got promotion to the cadre of Gr. II w.e.f. 28.02.2002. It is submitted that applicant was redesignated to the cadre of Stenographer Gr. II Group B w/e/f/ 01.01.2006 vide respondent no. 2 memo dated 25.10.2013 and placed in Stenographer Gr. I with Grade Pay of Rs. 4200/-. It is submitted that applicant was granted 3rd MACP and placed in the Level 8 of Pay Matrix with Grade pay of Rs. 4800/- vide letter dated 09.10.2017. It is submitted that applicant had completed 4 years of regular service in the Grade Pay of Rs. 48000/- in PB 2 w.e.f. 19.07.2021 and was entitled to grade pay of Rs. 5400/- on non functional basis as per the provision under Sixth Central Pay Commission and accepted vide Resolution dated 29.08.2008. It is submitted that applicant submitted representation dated 17.10.2022, 21.08.2023 and 29.09.2023 citing so4m e identical court cases but the respondents rejected his case stating that those are case specific. Hence the OA.

3. The respondents have filed counter inter alia averring that the entry grade pay of Stenographer is Rs. 2400 and their promotion hierarchy is maximum up to level 8th of 7th CPC i.e. Grade pay of Rs. 4800/-. It is submitted that applicant had reached in pay level 8 i.e. GP Rs. 4800/- which is the apex level of the cadre and he is not entitled for further fixation as there is no higher level than level 8 available for stenographer cadre. It is submitted that in para x (e) of resolution dated 29.08.20008 its mentioned that Group B officers of department of posts, revenue etc will be granted Grade Pay of Rs. 5400/- on non functional basis but the said order was during the period in which the 6th CPC resolution were in force and it was not mandatory to upgrade all posts holding grade pay of Rs. 4800/- to Rs. 5400/- after four years since it was made clear that the non-functional was post specific and not applicable to all posts with similar pay. It is further submitted that Ministry of Finance vide letter dated 10.04.2017 stipulates that with the implementation of Seventh CPC, the concept of Grade 5P ay has been dispensed with and new pay matrix has been approved and that there is no mention of grant of non functional grade pay after completion of 4 years of regular serviced in pre revised grade pay of Rs. 4800/-. Hence the