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2025 Supreme(Online)(Ker) 19194

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. V. Jayakumar, J
Union of India and its officers – Appellant
Versus
Sri.Bhanumati Nair – Respondent


Advocates:
For the Appellants/Petitioners: Central Government Standing Counsel
For the Respondents:learned counsel for the respondent/applicant

Table of Content
1. employee's pay and grade pay must be protected during transfers. (Para 2 , 3 , 4)
2. arguments presented by both parties regarding pay fixation. (Para 5 , 6)
3. tribunal's findings support the applicant's claim. (Para 8 , 9)

Feeling aggrieved by the order of the Central Administrative Tribunal in O.A No.799 of 2018 Union of India and its officers preferred this OP(CAT). Facts necessary for the disposal of the OP(CAT) in brief are narrated here under. 2. The respondent/applicant, Sri.Bhanumati Nair, has been appointed as staff nurse in the Employees State Insurance Corporation on 31.12.1991 in ESI Hospital, Basaidarapur, New Delhi in the pay scale of Rs.1400-2600/-. The respondent/appellant was promoted as Nursing Sister in the year 2002. After the implemention of the 6th Central pay commission (CPC) the pay of the respondent/applicant was fixed at Rs.13,160/- in Pay Band-2 with a grade pay of Rs.4,800/- with effect from 01.01.2006. After the completion of 20 years of service the applicant was granted the 2nd financial upgradation under Modified Assured Career Progression (MACP), vide annexure A1 dated 25.02.2012 the pay was fixed at Rs.17,380/- with grade pay of Rs.

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