Back
2026 Supreme(Online)(CAT) 6815
CENTRAL ADMINISTRATIVE TRIBUNAL
Suchitto Kumar Das, Administrative Member, Diwakar Singh, Judicial Member
Utpal Ghosh – Appellant
Versus
Union Of India – Respondent
O.A. No. 350/ 182/2026
For the Appellants/Petitioners: B. Chatterjee
For the Respondents: A. Kundu
Employees who have completed four years in a Grade Pay of Rs. 4800/- are entitled to non-functional upgradation to Grade Pay of Rs. 5400/-, regardless of whether they attained the initial Grade Pay through regular promotion or through the ACP/MACP scheme.
Headnote:The case involves a dispute regarding the entitlement of a retired employee to non-functional upgradation to Grade Pay of Rs. 5400/- in PB-2 upon completion of four years of service in Grade Pay of Rs. 4800/-. The applicant sought to quash an order rejecting this benefit, citing the government resolution dated 29.08.2008 and various judicial precedents. The Tribunal determined that the issue was already adjudicated and settled by the High Court, confirming that such benefits cannot be denied based on the source of the Grade Pay (i.e., whether through promotion or ACP/MACP). The main issue was whether non-functional upgradation should be restricted based on the method by which a specific Grade Pay was achieved. The Ratio Decidendi establishes that once a government resolution has been judicially interpreted to cover all similarly situated employees, departmental clarifications cannot override that interpretation. The Tribunal reiterated that an artificial classification within the same class of employees is impermissible under constitutional mandates. The Original Application is allowed, setting aside the impugned order and directing the respondents to grant the benefit of Grade Pay of Rs. 5400/- with consequential pensionary revisions within four months.
| Table of Content |
|---|
| 1. the applicant seeks non-functional upgradation based on length of service in a specific grade. (Para 2) |
| 2. parties contest whether acp/macp service qualifies for non-functional upgrades. (Para 3 , 4) |
| 3. judicial precedent regarding pay parity must be applied uniformly to avoid discrimination. (Para 5 , 6 , 7) |
In the matter of:-
Utpal Ghosh, son of Late
Gangadhar Ghosh, aged about 67
years, Retired Stenographer
Grade-I, Office of the Chief
Postmaster General, West Bengal
Circle, Yogayog Bhawan, Kolkata
700012, residing at Uddipa The
Condoville, Flat 02/0405, 1,
Kashinath Dutta Road, P.O.
Baranagore, P.S. Baranagore,
Kolkata-700036.
......... Applicant
-Versus-
1. Union of India through the
Secretary to the Govt. of India,
Ministry of Communication,
Department of Posts, Dak
Bhawan, Sansad Marg, New
Delhi-110001.
2. The Director General,
Department of Posts, Dak
Bhawan, Sansad Marg, New
Delhi-110001.
3. The Chief Postmaster General,
West Bengal Circle, Yogayog
Bhawan, C.R. Avenue, Kolkata
700012.
.......Respondents
For The Applicant(s): Mr. B. Chatterjee; Counsel
For The Respondent(s): Ms. A. Kundu; Counsel
O R D E R
Per: Mr. Diwakar Singh, Member (J)
The instant Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief(s):-
(a) To quash and set aside the order being No. SFA/P 79/Steno/Legal/Misc./R. Nath Mukhopadhyay dated 19.11.2025 issued by Chief Post Master General, W.B. Circle, Kolkata-12.
b) An order directing the respondent authorities to grant the benefits of Grade Pay of Rs.5400/- in PB 2 to the applicant on completion of 4 years of service by the applicant in the Grade Pay of Rs.4800/- in PB 2 with all consequential monetary benefits including post retirement benefits with interest.
c) To issue Order/Direction in the nature of Mandamus. commanding the respondents to grant the Grade Pay of Rs.5400/- the applicant on completion of four years Service in the Grade Pay of Rs.4800/- and to pay arrears thereof by revising the pensionary benefit of the applicant including Pension along with interest @ 8% per annum from the date of its due till the date of actual payment.
d) An order directing the respondents to produce/cause production of all relevant records.
e) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper.”
FACTS OF THE CASE
2. The applicant is a retired Stenographer Gr-I under the Department of Posts. It is not in dispute that the applicant had been granted the benefit of 3rd MACP carrying the Grade Pay of Rs.4800/- in PB-2 and had completed more than four years of service in the said Grade Pay.
2.1. The applicant states that pursuant to the Resolution dated 29.08.2008 issued by the Government of India upon acceptance of the recommendations of the 6th Central Pay Commission, Group-B officers who completed four years of service in the Grade Pay of Rs.4800/- became entitled to non-functional upgradation to Grade Pay of Rs.5400/- in PB-2.
2.2. The applicant further states that similarly situated employees had approached different Benches of this Tribunal and various High Courts and succeeded in obtaining the said benefit. Particular reliance has been placed upon the judgment of the Hon'ble High Court of Madras in Union of India & Ors. vs. M. Subramaniam and upon orders passed by different Benches of this Tribunal including O.A. No.287 of 2021 (Lucknow Bench), O.A. No. 296 of 2014 (Hyderabad Bench), O.A. No.1595 of 2019 (Kolkata Bench) and O.A. No.1308 of 2021 (Kolkata Bench).
2.3. The applicant accordingly submitted a representation dated 16.01.2020 (Annexure A/8) followed by a reminder dated 19.02.2020 (Annexure A/9) seeking grant of Grade Pay of Rs.5400/- upon completion of four years of service in Grade Pay of Rs.4800/- which was rejected by the respondents vide communication dated 02.03.2020 (Annexure A/10). Thereafter, the applicant had approached this Tribunal in O.A. No. 901 of 2025, whereupon the respondents were
