Junior Hindi Translators in pre-revised Rs.5500-9000 scale not entitled to Grade Pay Rs.4600/- w.e.f.01.01.2006 under 6th CPC/OMs dt.24.11.2008 & 13.11.2009, as pre-condition requires Rs.6500-10500 scale; Courts cannot interfere in expert-determined pay fixation sans explicit sanction.

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

This OA has been filed by the applicant seeking the following reliefs:-

“1) To call for the records on the file Office Order No. PF/185/FN dated 29.06.2018 passed by R2 and his order in letter No. PF/185/FN dated 31.12.2018 of R2 and quash the same as illegal; and

2) To direct the respondents to grant to the applicant the benefit of pay structure in PB 2 (Rs.9300-34,800) + G.P Rs.4600/-w.e.f. 01.01.2006 and the consequential first financial up-gradations under MACP Scheme, in PB 2 (Rs.9300-34,800) + G.P Rs.4800/- w.e.f. 01.01.2008 the second financial up-gradation in PB 3 (Rs. 9300-34,800) + G.P Rs.5400/- w.e.f. 14.09.2015; and/ Or

3) To pass any other order or direction or grant any other relief, in the circumstances of the case and thus render justice.”

2. The brief facts of the case as submitted by the applicant, are as follows :-

2.1. The applicant was working as Junior Hindi Translator (JHT), under 2^nd respondent department w.e.f. 14.09.1995 and he retired voluntarily on 21.08.2017. He is aggrieved by the denial of pay structure in PB 2 (Rs. 9300-34,600) + G.P Rs.4600/- w.e.f. 01.01.2006 in terms of OM dt. 13.11.2009 and the consequential first financial upgradation under MACP Scheme, in PB 2 (Rs.9300-34,800) + G.P Rs.4800/- w.e.f 01.09.2008 and the second financial upgradation in PB 2 (Rs. 9300-34,800) + G.P Rs. 5400/- w.e.f. 14.09.2015.

2.2. The applicant submits that he is a similarly placed employee like T.P Leena, who was granted the above benefit by CAT-Ernakulam Bench in the T.P Leena's case vide order dt. 27.09.2011, which has been confirmed by Hon'ble High Court of Kerala vide order dt. 21.06.2012 and also by the Hon’ble Supreme Court vide order dt. 15.10.2012. The same benefit was extended to similarly placed JHTs by this Bench, in OA No. 856/2014 vide order dt. 22.08.2016, which was confirmed by the Hon'ble Madras High Court vide order dt. 14.12.2017 in WP No. 15943/2017 and in OA No. 1459/2015 vide order dt. 23.11.2016 which was also confirmed by the Hon'ble Madras High Court in W.P No. 28491 of 2017 and W.P No.5050 of 2018 vide order dt. 24.07.2019.

2.3. The applicant’s representation seeking the similar benefit was rejected by the impugned order dt. 31.12.2018. Aggrieved, the applicant has filed this OA seeking the aforesaid relief.

3.1. The respondents have filed their reply opposing the relief prayed by the applicant. It is contended that that as per the Ministry of Finance, Department of Expenditure, Implementation Cell, Office Memorandum dt. 24.11.2008, the pay scale of Junior Hindi Translator of Rs.6500-10500/- with corresponding Grade Pay of Rs 4200/- (PB-2) has already been granted with effect from 01.01.2006 after the implementation of the 6^th Pay Commission. The pay scale of Rs. 7450-11500/- with corresponding Grade Pay of Rs. 4600/- (PB-2) is recommended for Senior Hindi Translator only. As per the ΟΜ dt. 13.11.2009 issued by the Ministry of Finance, Department of Expenditure, Implementation Cell, which has been misinterpreted by the applicant, clearly states that the pay scales of Rs.5000- 8000/-, Rs. 5500-9000/- and Rs. 6500-10500/- had been merged and replaced by the revised pay structure of Grade Pay of Rs.4200/- in PB-2. Vide para 2.2.21(v) of its Report, the Commission recommended that on account of the merger of these 3 scales, some posts which constituted feeder and promotion grades would come to lie in an identical grade. The Commission gave specific recommendations in its Report granting higher grade pay of Rs. 4600/- to some ca