Central Administrative Tribunal - Delhi
Dr Vijai S Karwasara vs Health And Family Welfare on 9 January, 2025
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Item No. 01 (C-5) O.A. No. 2000/2023
(Suppl.)
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 2000/2023
Reserved on: 12.12.2024
Pronounced on: 09.01.2025
Hon'ble Mr, Manish Garg, Member (J)
Hon'ble Dr. Anand S Khati, Member (A)
1. Dr. Vijai S. Karwasara
S/o Late Sh J S Karwasara
R/o H. No.:F9, Street 14, New Govindpura,
Krishna Nagar P.O., Delhi 110051
Email ID: [email protected]
Aged: around 43 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
2. Naveen Yadav
S/o Sh. Amilal Yadav
R/o Flat No 234, Karishma apartments, IP
Extension, Patparganj, New Delhi 110092
Email ID: [email protected]
Aged: around 39 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
3. Manish Neekhra
S/o Sh. R B. Gupta
R/o G 60, Gaur Green City, Vaibhav Khand,
Indirapuram, Ghaziabad
Email ID: [email protected]
Aged: around 40 years.
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Item No. 01 (C-5) O.A. No. 2000/2023
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Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
4. G Narendra Kumar
S/o Sh. B Gopalakrishnamurthy
R/o 103 Mithila Apartments, 76 Madhu Vihar
Road, IP
Extension, Patparganj, New Delhi-110092
Email ID: [email protected]
Aged: around 42 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
5. Balakumar Mahalingam
S/o Sh. Mahalingam.S
R/o B162, 1st floor, Tagore Garden Extension,
Behind Holy Child School, New Delhi 110025
Email ID: [email protected]
Aged: around 43 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
6. Ganesh Jangalu Nannaware
S/o Sh. Jangalu Mahadu Nannaware
R/o Pharma Apt B3-29, I.P Extension Delhi 110092
Email ID: [email protected]
Aged: around 42 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
7. Arvind Singh Panwar
S/o Late Sh. Narendra Singh Panwar
R/o C-88, Gali No 07, West Vinod Nagar
Email ID: [email protected]
Aged: around 37 years.
Current place of posting:
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Item No. 01 (C-5) O.A. No. 2000/2023
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CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
8. Surender Kumar Kaswan
S/o Sh. Ramswaroop Kaswan
R/o 14/43, T/F, Subhash Nagar, New Delhi-27
Email ID: [email protected]
Aged: around 39 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
9. Baljeet Singh
S/o Sh. Randhir Singh
R/o CDSCO, HQ, COSMETICS DIVISION,FDA
BHAWAN, KOTLA ROAD DELHI 02
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
10. Akash Rama Kondalkar
S/o Sh. Rama Gopalrao Kondalkar
R/o L-302 , Ajanara Integrity,
Rajnagar Extension Ghaziabad
Email ID: [email protected]
Aged: around 38 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
11. Sunitha Seerapu
D/o Sh. Raju. S
R/o 50-6-19/A, Sri Hari Veedhi, Seethammapeta,
Visakhapatnam-530016
Email ID: [email protected]
Aged: around 36 years.
Current place of posting:
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Item No. 01 (C-5) O.A. No. 2000/2023
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CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
12. Vanam Anjaneya Mithra
S/o Sh. Vanam Ramulu
R/o B/482 Hill colony Nagarjuna Sagar, Nalgonda
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO-Hyderabad, SR Nagar, Hyderabad-500038,
Hyderabad
13. V Sooraj
S/o Late Shri K Vijayan
R/o E901, AUNARA Integrity, Raj Nagar Extension
Ghaziabad-201017
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
14.Bidya Sekhar Mishra
D/o Sh. Parikshit Mishra
R/o B-201, Neelkanth Park-2, Ghoda Camp Road,
Shahibuag, Ahmedabad-380004
Email ID: [email protected]
Aged: around 39 years.
Current place of posting:
CDSCO Ahmedabad Zone, Air Cargo Complex,
Rameswar Charrasta, Ahmedabad-380016
15. Fahim Khan
S/o Gayasuddin Khan
R/o Village mahaliya, post Dharmer, Lar Road,
salempur, dist. Deoria
Email ID: [email protected]
Aged: around 41 years.
Current place of posting:
CDSCO, sub zonal office,, Container Corporation of
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India, vill. Sheetalpur, Baddi, Dist. Solan
16.Arun Kumar Prashar
S/o Sh. Dharm Chand Azad
R/o VPO Sarotro, Teh. Baroh Dist. Kangra, HP
Email ID: [email protected]
Aged: around 41 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
17. Nisha Kaushik
D/o Sh. Hari Gopal,
R/o CDSCO Sub-Zone Baddi,
Himachal Pradesh-173205
Email ID: [email protected]
Aged: around 38 years.
Current place of posting:
CDSCO Sub-Zone Baddi, Himachal Pradesh-173205
18. Basant Kumar Yadav
S/o Sh. Jairam Yadav
R/o Block no 106, qtr. No.983, sector-1 CGS colony
antop hills mumbai 400037
Email ID: [email protected]
Aged: around 44 years.
Current place of posting:
CDSCO West Zone Mumbai Office, FDA Bhawan,
GMSD Compound, Mumbai-400008.
19.Dr. Naveen Mehta
S/o Sh. Durgesh Kumar Mehta
R/o Central Drugs Standard Control Organization
Directorate General of Health Services, Ministry of
Health and Family Welfare, Government of India
FDA Bhavan, ITO, Kotla Road, New Delhi - 110002
Email ID: dimn [email protected]
Aged: around 41 years.
Current place of posting:
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Item No. 01 (C-5) O.A. No. 2000/2023
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CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
20. Sourabh Mittal
S/o Sh. Brij Bhushan Mittal
R/o 121/FF sector 4 wave city NH 24 Ghaziabad
Email ID: [email protected]
Aged: around 36 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002 21.
21. Saurabh Jain
S/o Sh. Rajendra Kumar Jain
R/o K1002 KW Sristi Raj Nagar Extension;
Ghaziabad
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
22. Bikramaditya Chowdhury
S/o Late Sh. Shyamal Chowdhury
R/o [email protected]
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO East Zone, Kyd St., Taltala, Kolkata-
700016.
23. Suniti Choudhary
D/o Sh. Rama Kant Choudhary
R/o Suniti Choudhary, Drugs Inspector, CDSCO,
FDA Bhawan, kotla marg, near Bal Bhawan, New
Delhi-110002
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
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Item No. 01 (C-5) O.A. No. 2000/2023
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CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
24. Hemant M Patil
S/o Late Sh. Madhukar Sonawane
R/o CDSCO-HQ, FDA Bhawan, ITO, Kotla Road,
New Delhi -110002
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
25. Avinash Kumar Yadav
S/o Sh. Lalsa Yadav
R/o G-108, PREET VIHAR, NEW Delhi-110092
Email ID: [email protected]
Aged: around 45 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002.
26. Amol E. Kandekar
S/o Sh. Eknath Kandekar
R/o Dwarka New delhi
Email ID: [email protected]
Aged: around 41 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
27. Deepak Kumar Sehrawat
S/o Sh. R S Sehrawat
R/o H. No. 190/4, near DAV school, Ishwar Colony,
Bawana, Delhi-110039
Email ID: [email protected]
Aged: around 39 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
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Item No. 01 (C-5) O.A. No. 2000/2023
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28. J. Suresh Kumar
S/o Sh. P. Jayaraman
R/o No.33, Mahalakshmi street, East Tambaram,
Chennai- 59.
Email ID: [email protected]
Aged: around 46 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
29. Sandeep Kumar
S/o Sh. Krishan Chander
R/o H. No. 880A/30, Gali No. 2, Vikas Nagar,
Sonipat
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO (NZ), Hapur Road, A- Block, Shastri Nagar,
Ghaziabad-201002, UP
30. Dileep Kumar
S/o Sh. Ram Autar
R/o A 77 lohia nagar ghaziabad
Email ID: [email protected]
Aged: around 43 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
31. Shabeer Ashfaque Abdulla
S/o Kunhabdulla
R/o C2&C3, Okhla vihar, Jamia nagar, Delhi
110025
Email ID: [email protected]
Aged: around 41 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
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32. Haribabu J
S/o Sh. S.C. Janakiraman
R/o E 211, First Floor, Tagore Garden Extension,
New Delhi - 110027
Email ID: [email protected]
Aged: around 42 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
33. Pushpraj Kumar Singh
S/o Sh. Rajendra Bahadur Singh
R/o CDSCO-HQ, FDA Bhawan, Kotla Road, New
Delhi-110002
Email ID: [email protected]
Aged: around 38 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
34. Saurabh Garg
S/o Sh. Naval Kishor Gupta
R/o L-/1005, Gulmohur Garden, Rajnagar
Extension, Ghaziabad, U.P.
Email ID: [email protected]
Aged: around 38 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
35. Bibekananda Behera
S/o Sh. Brundaban Behera
R/o CDSCO-HQ, FDA BHAWAN, KOTLA ROAD,
NEW DELHI 110002
Email ID: [email protected]
Aged: around 38 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
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36. Dr. Kailash Chander Malik
S/o Sh. Raj Kumar Malik
R/o Kitabo Shersingh Villa, A-72, Suncity
Township,
Rewari-123401 Haryana
Email ID: [email protected]
Aged: around 39 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
37. Ketankumar Panchal
S/o Sh. Pravinchandra
R/o N1903 Iscon platinum, Bopal Ahmedabad
Email ID: [email protected]
Aged: around 41 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
38. Ravindra R Shripad
S/o Sh. Ramchandra Shripad
R/o FDC Division, CDSCO HQ, FDA Bhavan, New
Delhi
Email ID: [email protected]
Aged: around 39 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
39. Sudarmathi S
D/o Sh. Subramaniyan
R/o No. 5F, F2, Gandhi Street, Jankiraman Colony
Extension, Arumbakkam, Chennai-600106.
Email ID: [email protected]
Aged: around 36 years.
Current place of posting:
CDSCO-South Zone, Chennai
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(Suppl.)
40. D. Shyamaladevi
D/o Sh. A. Dhandayuthapani
R/o 37 Jothi Venkatachalam Salai Veperi Chennai-
7
Email ID: [email protected]
Aged: around 42 years.
Current place of posting:
CDSCO-South Zone, Chennai
41.A Anbuselvi
D/o Sh. M Ambalam
R/o Plot no. 3, Siram Avanue, 3rd Street, Ramani
Nagar Extn, West Tambsram, Chennai.
Email ID: [email protected]
Aged: around 36 years.
Current place of posting:
CDSCO-South Zone, Chennai
42. Pratyush Kumar
S/o Late Sh. R.S.P. Singh
R/o CDSCO-HQ, FDA BHAWAN, KOTLA ROAD,
NEW DELHI 110002
Email ID: [email protected]
Aged: around 44 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
43. P. Selvaraj
S/o Sh. A. K. Perumal
R/o No. 100, 2C, Sunshine Apartment,
Ganapathy Nagar, 5th Street,
Urapakkam-603210, Tamil Nadu
Email ID: [email protected]
Aged: around 43 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
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44. Mukesh Kumar
s/o. Late Sh. Mahinder Pal
r/o. CDSCO North Zone,
CGO Complex-1, Hapur Chungi,
Ghaziabad, UP.
Aged Around 40 years.
Current Place of Posting
CDSCO-NZ, Hapur Road, A-Block, Shastri Nagar,
Ghaziabad-201002, UP.
45. Rahul Panwar
S/o Sh. Surendra Pal Panwar
R/o CDSCO-HQ, FDA BHAWAN, KOTLA ROAD,
NEW DELHI 110002
Email ID: [email protected]
Aged: around 36 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
46. Chandrashekhar Anaji Pawar
(Now Assistant Drug Controller)
S/o Sh. Anaji Pawar
R/o 64, Engineers Estate, Near Mandawali Metro
Station, IP Extension, Parpargaung, New Delhi-
110092
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
47. Dr. Jay Jyoti Roy
(Now Assistant Drug Controller)
S/o Late Sh. Atul Krishna Roy
R/o #318,CR Road Gouranga nagar, post Natagarh
sodepur 24pgs( N) pin 700113
Email ID: [email protected]
Aged: around 40 years.
Current place of posting:
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Item No. 01 (C-5) O.A. No. 2000/2023
(Suppl.)
CDSCO East Zone, Kyt. St., Taltala, Kolkata
700016, WB
48. Dr. Sachin Yadaorao Bhagwate
(Now Assistant Drug Controller)
S/o Sh. Yadaorao Bhagwate
R/o CDSCO WZ MUMBAI
FDA, Bhawan GMSD compound
Mumbai Central, Mumbai 08
Email ID: [email protected]
Aged: around 39 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
49. Kailash Chand Meena
(Now Assistant Drug Controller)
S/o Sh. Gordhan Lal Meena
R/o CDSCO-HQ, FDA Bhawan, ITO, Kotla Road,
New Delhi - 110002
Email ID: [email protected]
Aged: around 43 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002
50. Dinesh Kumar
(Now Assistant Drug Controller)
S/o Sh. J P Meena
R/o First Floor, House no 49, Guru Gobind Singh
Nagar, Dhakoli, Zirakpur 160104
Email ID: dinesh1581@gmail. Com
Aged: around 41 years.
Current place of posting:
CDSCO-HQ, FDA BHAWAN, KOTLA ROAD, NEW
DELHI 110002.
.....Applicants
(Advocate: Mr. Sourabh Ahuja)
Versus
1. 1. Union of India through its Secretary,
14
Item No. 01 (C-5) O.A. No. 2000/2023
(Suppl.)
Ministry of Health and Family Welfare
Govt. of India,
Room No. 156-A,
Nirman Bhawan, C-Wing, New Delhi-110001
Email: [email protected]
2. Drug Controller General of India
Central Drugs Standard Control Organisation
(CDSCO)-HQ, FDA Bhawan, Kotla Road,
New Delhi-110002.
Email:- [email protected]
3. Director Administration (Drugs)
Central Drugs Standard Control Organisation
(CDSCO)-HQ, FDA Bhawan, Kotla Road,
New Delhi-110002.
Email:- [email protected]
4. Director General of Health Service
Ministry of Health and Family Welfare
Govt. of India,
Room No. 446-A, C-Wing, Nirman Bhawan, New
Delhi-110001.
Email: [email protected]
5. The Secretary,
Dept. of Expenditure,
Ministry of Finance,
Govt. of India,
North Block, New Delhi-110001.
Email :- [email protected]
..... Respondents
(Advocates: Mr. Pradeep Kumar Sharma)
15
Item No. 01 (C-5) O.A. No. 2000/2023
(Suppl.)
ORDER
Hon'ble Mr. Manish Garg, Member (J) In the instant Original Applicant, the applicants seek the following relief(s):-
"(a)Quash and set aside Order dated 15.06.2023, Order dated 09.06.2023 and U.O. dated 06.06.2023, whereby the request of the applicants for grant of Non-
Functional Grade Pay of 5400 (PB-2) on completion of 4 years of regular service in the Pre-Revised Grade Pay of Rs. 4800 has been turned down illegally, erroneously and arbitrarily. And
(b) Direct the Respondents to grant Non-Functional Grade Pay of Rs. 5400/- (PB-2) to the Applicants from the respective due dates on completion of 4 years of regular service in the Grade Pay of Rs. 4800/-. And
(c) Accord all the consequential benefits (viz. difference in pay, arrears in terms of TA, DA, HRA etc.) to the Applicants, as admissible under the rules upon grant of Non-functional grade pay of Rs. 5400/-.
(d) Further direct the respondents to pay interest 18% per annum to the applicants on the arrears as there has been deliberate delay cum absolute administrative lethargy on the part of respondents) in granting the above noted benefit to the applicants) as soon as they became eligible for the said benefit and career progression;
(e) Award cost in favour of the Applicants and against the respondents. And/ or
(f) Pass any further order, which this Hon'ble Tribunal may deem fit, just equitable in the facts and circumstances of the case."
2. Learned counsel for the applicants drew our attention to clause (x) (e) of the Ministry of Finance, Department of Expenditure, Resolution dated 29.08.2008, which reads as under:-
16Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.)
"(x) (e) Group B officers of Departments of Posts, Revenue, etc., will be granted Grade Pay of Rs. 5400 in PB-2 on non-functional basis after 4 years of regular service in the grade pay of Rs. 4800 in PB-2."
3. Highlighting the aforesaid clause, learned counsel submitted that the applicants were the direct appointees to the Grade Pay of Rs. 4800/- in PB-2 and they fulfil all eligibility conditions in terms of clause (x) (e), i.e., 4 years of regular service in Grade Pay of Rs. 4800/- in PB-2 for grant of Grade Pay of Rs. 5400 in PB-2 on non-functional basis. However, the case of the applicants have been rejected on the recommendation of Department of Expenditure which is the subject matter of the present OA.
The reasons signed in the impugned orders dated 15.06.2023 and 09.06.2023 are common and the same read as under:-
"Impugned Order dated 15.06.2023 Identical representations of Drugs Inspectors for revision of pay scale for grant of non-functional up- gradation from pre-revised Grade Pay of Rs. 4800/- to Rs. 5400/-i.e. from Level-8 to Level-9 was referred to the Ministry of Health & Family welfare with the approval of DGHS, being the appointing authority in the Grade of Drugs Inspector/ Technical Officer (Group 'B' Gazetted). The matter was examined by D.R. Section, Ministry of Health & Family Welfare in consultation with Integrated Finance Division and referred to the Department of Expenditure for concurrence.
2. It is stated that in the matter DR Section, Ministry of Health and Family Welfare has issued a letter vide no. A. 11014/01/2022-DR dated 09.06.2023 subsequent to decision taken by Department of Expenditure vide their UO No. 17(20/E.III)B/2022 dated 06.06.2023.17
Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.)
3. Department of Expenditure Inter-alia vide their U.O. note dated 06.06.2023has not agreed to the proposal of revision of Pay Scale for grant of non-functional scale from pre-revised grade pay of Rs.4800/- to Rs. 5400/- i.e. from level-8 to level -9 to Drugs Inspector/Technical Officer in CDSCO based on the the undermentioned facts :-
i) As per Notification dated 29th August, 2008 of Department of Expenditure grade pay of Rs.5400 in PB-2 on non-functional basis to group 'B' Officers of Department of Posts, Revenue etc., was provided. This was not applicable to the post of Drugs Inspectors/Technical Officers of CDSCO.
ii) As per SI.NO. II.(2) of Section Il of Part B of CCS(R) Rules, 2008, in respect of office staff working in organizations outside the Secretariat. only Administrative Officer Gr. II/S. Private Secretary/equipment, whose entry grade was Rs.7500-
12000/- were only provided NFSG on completion of four years' service. There was no specific recommendation in this regard in respect, of Drugs Inspectors/ Technical Officers of CDSCO.
iii) No such recommendation as to the grant of GP of Rs.5400 on completion of four years' service in the grade of Rs.4800 was made by 6th Central Pay Commission and 7th Central Pay Commission either in the category of common staff or Ministry/Department - wise recommendations of their report.
4. In view of entire above stated facts, the representations of Drugs Inspector in pursuance of Department of Expenditure U.O. note dated 06.06.2023 have been duly examined and based on the analysis of the same it has been decided that the representations by Drugs Inspectors for grant of Non-functional Scale from Level-8 to Level-9 may not be acceded to and are accordingly disposed of.
5. This issues with the approval of the Competent Authority.
Impugned Order dated 09.06.2023 I am directed to refer to CDSCO's letter no. Z.20021/02/2015-D dated 03.03.2023 on the subject mentioned above and to say that the proposal was examined in consultation with Department of Expenditure (DOE) and DoE vide UO No. 17(20)/E. III(B)/2022 dated 06.06.2023, has informed that the proposal has not been agreed on following grounds:
(i) As per Notification dated 2gh August, 2008 of Department of Expenditure, grade pay of 18 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) Rs.5400 in PB-2 on non-functional basis to Group 'B' Officers of Department of Posts, Revenue etc. was provided. This was not applicable to the post of Drugs Inspectors/Technical Officers of CDSCO.
(ii) As per SI. No. II (2) of Section Il of Part B of CCS(RP) Rules, 2008, in respect of Office staff working in organizations outside the Secretariat, only Administrative Officer Gr.
II/Sr. Private Secretary/equivalent, whose entry grade was Rs.7500-12000/- were only provided NFSG on completion of four years' service. There was no specific recommendation in this regard in respect of Drugs Inspectors/Technical Officers of CDSCO.
(iii) No such recommendation as to the grant of GP of Rs. 5400 on completion of four years' service in the grade of Rs. 4800 was made by Sixth CPC and Seventh CPC either in the category of common staff or Ministry /Department-wise recommendations of their report.
2. Accordingly, it is requested to issue a Speaking Order at the earliest to dispose of the representation of Drugs Inspectors under intimation to this Ministry.
3. Further, it is also requested to intimate the above status of the matter to Sr. Panel Counsel for apprising the same to Ld. CAT (PB), New Delhi in the matter of M.A. No. 2888/2022 in OA No. 1022/2022 titled Dr. Vijai S. Karwasara & Ors. Vs Uol & Ors. regarding grant of non-functional grade pay to Drugs Inspectors in CDSCO.
4. This issues with the approval of competent authority."
3.1. The sum and substance of the arguments made by learned counsel for the applicants is that the definition as contemplated in the official gazette is an inclusive definition and, therefore, it cannot be said that clause cannot be applied to Drug Inspector/Technical Officer.
Learned counsel further reiterated that the applicants are Drug Inspector in CDSCO.
19Item No. 01 (C-5) O.A. No. 2000/2023
(Suppl.)
3.2. Learned counsel highlighted Prashar Bharti's
notification dated 19.01.2018, which reads as under:-
"Subject: Grant of Grade pay of Rs. 5400 in PB-2 on Non functional basis to all Assistant Engineers of AIR & Doordarshan on completion of 4 years of regular service on the post of Assistant Engineer on or after 01.01.2006.
Reference is invited to DG-AIR's order NO. 8/9/2016 SIV(B) (Vol.11) / 777 dated 18/12/2017 (copy enclosed) wherein non Functional Upgradation (EFU) in grade pay of Rs. 5400 in PB-2 has been granted to all similarly placed Assistant Engineers w.e.f. 1.1.2006 or on completion of 4 years of regular service in Assistant Engineer Grade, whichever is later.
2. It is informed that the Assistant Engineers of AIR/Doordarshan, who are/were drawing salary from IRLA are squarely covered with the aforesaid order. It is therefore, requested that the same benefit may be granted to all eligible AEs.
3. As regards, Vigilance Clearance in respect of retired Assistant Engineers for grant of Non Functional Upgradation, it may not be insisted upon."
3.3. Further, learned counsel highlighted Ministry of Communications & Information Technology's OM dated 06.08.2015, specifically para 2 of the same, which reads as under:-
"2. The matter has been examined in consultallon with Department of Expenditure and it has been decided to grant grade pay of Rs.5400%- in the Pay Bard - 2 an nonfunctional basis to TES Gp. "B"officers (DoT optee) who have completed 4 years-of regular service in the grade pay of Rs.4800/- as on 01.01.2006 and thereafter subject to the vigilance clearance."
3.4. Learned counsel further contended that the Department of Expenditure is taking different steps altogether and, therefore, the discrimination has been meted out qua the applicants' herein. Further to support 20 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) the applicants' case, learned counsel relied upon RTI reply, which reads as under:-
" With reference to RTI - Cell's V.O. No. 3(24)/09- RTt dated 61 January, 2009; the applicant be informed that decision of the Government vide SI. No.(x) (e) of the Government Resolution dated 29th August, 2008 for placing Group 'B' employees of Departments of Posts, Revenue, etc covers employees of all Ministries/Departments but it does not cover employees of autonomous bodies, etc"
3.5. Learned counsel submitted that the applicants herein are working in a subordinate department of the Ministry of Health and Family Welfare and is not covered within the ambit of the autonomous body, etc. He relies upon the decision of the Hon'ble High Court of Judicature At Madras in the case titled M. Subramaniam v/s Union of India & Ors., in W.P. No. 13225 of 2010 dated 06.09.2010. Relevant paras of the said judgment are reproduced herein:-
"6. It is not in dispute that the Government of India vide its resolution, dated 29.8.2008 granted grade pay of Rs. 5400/- in Pay Bänd 2 on non-functional basis to the Group B Officers of the Department of Posts, Revenue, etc. who completed four years of regular service in the grade pay of Rs. 4800/- in Pay Band 2. According to the petitioner, he has already reached the pay scale of Rs. 7500-250-12000 by way of ACP Scheme on 1.1.2004 which is corresponding to scale of Superintendent of Central Excise (Group B Post) and therefore, on completion of four years, he is entitled to the grade pay of Rs. 54007- with effect from 1.1.2008. In support of his claim, the petitioner also relied upon a clarification issued by the Central Board of Excise and Customs in Letter No. F.NO. A2601/98/2008-ADIIA, dated 21:11.2008 clarifying that the four year period is to be counted from the date von which an officer is placed in the pay scale of Rs. 7500-12000. However/the claim of the petitioner was denied based on. The clarification 21 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) issued by the Central Board of Excise and Customs, dated 11.2.2009, wherein, it was clarified that the officers who got the pre-revised pay scales of Rs. 7500- 12000 (corresponding to grade pay of Rs. 4800) by virtue of financial Upgradation under ACP would not be a entitled to the benefit of further non-functional Upgradation to the pre-revised pay scate of Rs: 8,000 13,500 (Corresponding to grade pay of Rs. 5400) on completion of 4 years in the pre-revised pay scale of Rs. 7500-12000.
7. We are unable to agree with this clarification given by the under secretary to Government of India, since in an earlier Clarification dated 21.11.2004 of the Deputy Secretary to Government of India, it was clarified as to how the 4 years period is to be counted for the purpose of granting non-functional Upgradation to Group-B officer i.e. whether the 4 year period is to be counted with effect from the date on which an officer is placed in the pay scale of Rs. 7500-12000 (pre-revised) or with effect from 1.1.2006, i.e. the date on which the recommendation of the 6th CPC came onto force. I was clarified that the 4 vear period is to be counted with effect from the date on which an officer is placed in the pay scale of Rs. 7500-12000 (pre-revised).
8. Thus, if an officer has completed 4 years on 1.1.2006 or earlier, he will be given the non-functional Upgradation with effect from 1.1.2006 and if the officer completes 4 years on a date after 1.1.2006, he will be given non-functional Upgradation from such date on which he completes 4 year in the pay scale of Rs. 7500- 12000 (pre-revised), since the petitioner admittedly completed 4 years period in the pay scale of Rs. 7500- 12000 as on 1.1.2008, he is entitled to grade pay of Rs. 5400/-. In fact, the Government of India, having accepted the recommendations of the 6th pay Commission, issued a resolution dated 29.8.2008 granting grade pay of Rs. 5400/- to the Group B officers in pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs. 4800/- in pay band 2. Therefore, denial of the same benefit to the petitioner based on the Clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal.
9. Accordingly, the Writ Petition is allowed setting aside the order of the Tribunal, dated 19.04.2010 passed in O.A. No. 167 of 2009. The Respondents are directed to extend the benefit of grade pay of Rs. 5400/- to the petitioner from T.f.2008 as per the resolution dated 29.8.2010. No costs."22
Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.)
3.6. Learned counsel submitted that the decision in M. Subramaniam v/s Union of India & Ors., (supra), is identical to the facts of the present case and has been implemented by Department of Revenue, Ministry of Finance vide order dated 31.10.2018. Learned counsel also relied upon para nos. 16 & 19 of the decision rendered in the case of Sunil Kumar Rai v/s Union of India & Ors., decided by the Hon'ble High Court of Delhi in W.P. (C) 5518/2021 dated 14.03.2023, which read as under:-
"16. The respondents have averred that Para-7,4.13 (iv)
(b) has to be read in consonance with Para JP (V) theref. We find that Pira 7.4.13 (iv) (a) relates to filling of posts in Levels 6&7 through promotion as well as through LDC to Level 8 leis only the Clause Para-7.4.13
(iv) (b) which speaks of non functional upgradation to Level 9 Further, the afore-noted extracts of Seventh Pay Commission in Para-7.4.13 (1) specifically note in respect of Subordinate Engineering Cadres that in terms of recommendations of the Sixth Pay Commission, the Grade Pay in the Engineering cadre shall be based upon the qualification. The aforesaid position is not disputed. Also, by virtue of recommendations of the Sixth Pay Commission vide Resolution dated 29.08.2008 by the Ministry of Finance, Non Functional Grade Pay of Rs.5,400 has been directed to be given to different cadres. But the respondents in contravention of aforesaid Resolution dated 29.08.2008, vide communication dated 17.02.2009, restricted grant of Non-Functional Grade Pay of Rs.5400 to the post of Senior Private Secretary only. In our opinion, the competent authority concerned did not consider that though the scale of Assistant Engineer and Chief Draughtsman is fixed at Grade Pay of R$.4,600, however, upon implementation of Modified Assured Career Progression Scheme ('MACP') on completion of 10, 20 and 30 years of service respectively, the next Grade Pay of Rs.4,600/- is Rs.4,800/- (Level-8) and after completion of four years in Level-8, the incumbent becomes eligible for grant of Non Functional Grade Pay of Rs.5,400/- (Level-9). The plea of respondents that because the entry level pay of petitioners is not in the Grade Pay of Rs.4,800, therefore, they are not entitled to Non Functional Grade 23 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) Pay of Rs.5,400 cannot be accepted. Whether entry to the Grade pay of Rs.4,800 is by promotion or by direct recruitment, the condition precedent for grant of Non Functional Grade Pay of Rs.5,400 is that the incumbent should have completed four years in the Grade Pay of Rs. 4,800/-.
19. The High Court of Madras in M. Subramaniam (Supra), dealt with a case wherein it was held that once a clarification vide letter dated 21.11.2004 by the Deputy Secretary to the Government of India has been given with regard to how period of four years has to be counted to the officer, it is held that the four years period is to be counted with effect from the date when an officer is plaged in the pay scale of Rs.7,500-12,000 (pre-revised). The said judgment was challenged by the Government of India in Civil Appeal No 8883/2011 and the same was dismissed vide decision dated 10.10.2017 and thereby, the decision of the Madras High Court attained finality, The Supreme Court held that the Grade Pay of Rs.5,400/- has to be granted as per the CCS (RP) Rules, 2008 and as per Government of India;
Resolution on the subject, on completion of four years of continuous service in GP of Rs. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)], irrespective of whether the GP of Rs. 4800 [Rs. 7500-12000 (pre-revised)] was gained by way of promotion or ACP/MACP."
3.7 He further referred to the decision rendered by co-
ordinate Bench of this Tribunal in O.A. No. 1766/2016 dated 22.05.2023. Para 9 of the same is reproduced herein:-
"9. Now, the applicants herein are employees of Directorate General of Quality Assurance (DGQA), which is an organization under the Ministry of Defence. The petitioners before the Hon'ble High Court of Delhi in the aforequoted W.P.(C) were employees of BRO which too is an organization under the control of the Ministry of Defence. But the petitioners before the Hon'ble High Court of Delhi included Assistant Engineers. The present applicants too are Assistant Engineers. If employees of one organization of the same department and Ministry have been extended the benefit, how could the same be denied to similar employees of the same Ministry/Department could not be justified. Moreover, we notice that this Tribunal while passing the order in O.A. No. 3768/2018 had given a clear direction that the said judgment should be 24 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) applied in rem and not to be considered in personam. Therefore, once such a judgment was on record, the respondents were obliged to consider the application of the same on similarly placed employees instead of pushing them into avoidable litigation. We reiterate that the judgment of the Hon'ble High Court, relevant extracts of which have been quoted above, leaves no further scope to take a view which could be divergent because the issue and principles at stake are identical."
3.8. He further relied upon the observation made in O.A. No. 506/2021 dated 02.12.2021. Paras V to VIII of the same are reproduced herein:-
"V. In respect of the 7i CPC, the accepted recommendations are as follows:
"Analysis and Recommendations:
11.8.21 The Commission has noted that the VI CPC placed Inspector (Posts) at par with Inspectors of CBDI/CBEC. Subsequently, the Inspectors of CBDT/CBEC were elevated to GP Rs.4600. The Commission has further noted that Inspector (Posts) and Inspectors of CBDT/CBEC are recruited through the same combined graduate level examination. The Commission, therefore, recommends that Inspector (Posts) who are presently in the GP Rs.4200 should be upgraded to GP Rs.4600/-. With this upgradation, Inspector (Posts) shall come to lie in an identical grade pay as that of their promotion posts of Assistant Superintendent of Posts (ASPOs).
A higher grade would thus need to be extended to ASPOs. Accordingly, the Commission recommends that the promotional post of ASPOs be placed in the next higher GP 4800 and further, the post of Superintendent (Posts), which is presently in the GP Rs.4800, be moved up to GP Rs.5400 (PB-2). The recommendation was to increase the grade pay of Inspectors to Rs.4600/-, ASPs to Rs.4800/- and Superintendent of Posts to Rs.5400/-. Nowhere, has 7*h CPC denied the grant of grade pay of Rs.5400/- for rendering 4 years' service in GP of Rs.4800/-, as per 6"
CPC recommendations. Usually, Pay Commissions do not deny the benefits granted in the previous Commission.25
Item No. 01 (C-5) O.A. No. 2000/2023
(Suppl.)
VI. It is amusing to note that MOF has clarified vide
letter dt. 10.04.2017 in consultation with DOE that relief sought can be granted, as under:
"The matter has been examined in consultation with Department of Expenditure. Implementation Cell, 7th CPC, Department of Expenditure has vide ID Note N. 30-1/17(v)/2016-IC(Pt.I) dated 08.03.2017 clarified that the 7th CPC in Para 11.18.63 recommended only normal replacement pay level for Superintendents of Central Excise/ Customs and Appraisers of CBC. Accordingly, non- functional upgradation (after 4 years of regular service) of Superintendents of Central Excise/ Customs and Appraisers of CBEC introduced on the basis of oh CPC recommendation will continue under the 7ih CPC regime by replacing the pay structure of Pay Band and Grade Pays with the corresponding Pay Levels/ Cells in Pay Matrix."
Though the above order was issued with reference to the Superintendents of Central Excise/ Customs and Appraisers of CBEC, but the principle stipulated applies to all the departments of the Central Government where this issue has to be attended to.
VII. Delving a little deeper into the subject, it would be evident that paras 11.12.139 & 11.12.140, as reproduced hereunder are more specific in granting the relief in question to the Postal and Accounts Officers.
Para 11.12.139 "The Commission notes that non-functional upgradation from GP 4800 to GP 5400 (PB-3, on completion of four years of service, has been accorded to a number of posts by the Government in 2008 viz., Delhi and Andaman and Nicobar Islands Civil Service, Delhi and Andaman Nicobar Islands Police Service, Officers of the Central Secretariat Service and those of Central Secretariat Stenographers Service as well as other similarly placed Headquarters Services. This has also been extended to Group B Officers of the Departments of Posts and Revenue. While extending this benefit, officers in GP 4800, both in Headquarters and in the field formations of these two organizations have been covered. In 2015, this benefit was also extended to Sections Officers in the Indian Coast Guard."
Para 11.12.140 "The Commission is therefore of the view that there is no justification for excluding officers in the organized accounting Departments who are at GP 4800 from this dispensation. It therefore recommends that all officers in organized accounts 26 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) cadres (in the Indian Audit and Accounts Department, Defence Accounts Department, Indian Civil Accounts Organization, Railways, Post and Telecommunications) who are in GP 4800 should be upgraded, on completion of four years to GP 5400 (PB-2) viz., Pay Level 9, in the pay matrix." Applying the judicial pronouncements and CPC recommendations cited, the applicants 1 to 3 who worked in the grade pay of Rs.4800/- from 01.01.2016 are eligible for grade pay of Rs.5400 from 01.01.2020 onwards. There can be no iota of doubt in this regard. VIII. It is also not out of place to state that respondents have granted the relief to similarly placed personnel before implementing 7th CPC recommendations. As brought out supra, there is no observation of the 7th CPC negating the grant of grade pay of Rs.5400/- after being in grade pay of Rs.4800/-, as recommended by 6" CPC and accepted by Govemment of India. In fact, a quick glance of CCS (RP) Rules, 2016 would reveal that there is no rule repealing the clause of grant of higher grade pay of Rs.5400/- as provided for in CCS (RP) Rules, 2008. In the absence of such repealing provision, DOE has no jurisdiction under the rules to reject the relief sought."
3.9. He also relies upon the decision made by the co-
ordinate Bench of this Tribunal in O.A. No. 2436/2022 dated 28.11.2024, with respect to ASO, wherein on the analogy of M. Subramaniam v/s Union of India & Ors., (supra), the relief(s) was granted to the applicants.
4. Opposing the grant of relief(s), learned counsel for the respondents relied upon the averments made in the counter affidavit. He emphasized that in the case of the applicants the issue is with regard to counting of four years' period and from which date it has to be counted. He further relied upon the OM dated 06.06.2023. He specifically relied upon para 10 of the decision rendered by this 27 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) Tribunal in O.A. No. 632/2010 titled Rohtas Sharma v/s Union of India & Ors., which reads as under:-
"10. Per contra, the respondents, while denying the contentions of the applicants, have submitted in their counter that the applicants are working as Private Secretaries in the offices of the Chief Controller of Accounts, and they do not belong to CSSS Cadre but belong to Departmentalized Accounts Cadre and were drawing pay in the scale of Rs.6500-10500 w.e.f. 01.01.1996 on the basis of the implementation of 5th Central Pay Commission's recommendations. The 6th Central Pay Commission recommended higher pay scale for the Private Secretaries of Central Secretariat Stenographers Service (CSSS, in short) in chapter 3.1.9 of their report. The Government of India vide its Notification dated 29.08.2008 implemented the said recommendations. As per Part-B Section II of the said Notification dated 29.08.2008, the pay scale of Private Secretaries of the office staff in Secretariat was upgraded from Rs.6500-10500 to Rs.7500-12000 w.e.f 01.01.2006 and were placed in Pay Band 2, i.e., Rs.9300-34800 with grade pay of Rs.4800/- and on completion of 4 years service, the Grade Pay of Rs.5400 would be given. It is clearly mentioned therein that "this scale shall be available only in such of those organizations/services which have had a historical parity with CSS/CSSS Services like AFHOSS/ AFHQSS/ RBSS and Ministerial/ Secretarial posts in Ministries/ Departments organizations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC etc. would therefore be covered". Further, as per Part-B Section-II II of the Notification dated 29.08.2008 the Stenographer Gr.Il/ equivalent of the Office Staff working in organizations outside the Secretariat will be fixed in Pay Band-2 i.e. Rs.9300-34800 with Grade Pay of Rs.4200/- Jin accordance with the recommendations of 6th Pay Commission report at para 3.1.14). The Sr. Private Secretary has been placed in Pay Band-2 with Grade Pay of Rs.4800/- and on completion of four years they will remain in Pay Band-2 i.e., Rs.9300-34800 but their Grade Pay will be enhanced to Rs.5400/-• Accordingly, the pay of the applicants were fixed in the corresponding pay scale and Grade Pay as provided in Part A, Section-1 of the CCS (Revised Pay) Rules, 2008 vide O.M. dated 23.09.2008. The applicants cannot claim parity with the Central Secretariat Stenographers Service as they are in different cadre. The applicants never had historical parity with CSSS Cadre as is evident from Annexure Al of the application. The Private Secretaries of the C&AG were drawing higher pay scale prior to the implementation of the 28 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) recommendations of the 6th Pay Commission whereas the said scale was not granted to the applicants."
5. Heard learned counsels for the parties and perused the records.
6. ANALYSIS:
6.1. In CIVIL APPEAL NO.1663 OF 2016 -Union of India & Ors. Vs D.G.O.F. Employees Association and Anr. decided on 9.11.2023, the upgradation of the pay scales of Assistant and Personal Assistants of Ordnance Factory Board, Headquarters as had been given to similarly placed employees of Central Secretariat Service ('CSS' for short) and equivalent posts in Armed Force Headquarters Civil Service ('AFHCS' for short) Cadre, New Delhi and similar other cadres was in question. The Hon'ble Apex Court observed as under :-
"14. As noted by the High Court, it is evident that parity of pay scales vis-à-vis LDCs, UDCs, Assistants/PAs and Stenographers, was maintained even prior to 01.01.1986 under the Third Central Pay Commission recommendations (for the period of 01.01.1973 to 31.03.1985). This parity was continued in the Fourth Central Pay Commission recommendations (with effect from 01.01.1986 to 31.12.1995) and the Fifth Central Pay Commission recommendations (for the period 01.01.1996 to 14.09.2006). The post of Assistants, PAs and Stenographers is governed by Director General Ordnance Factories Headquarters Civil Service Rules, 1977.
15. Be that as it may, in the present facts the perusal of the judgment passed by the High Court impugned herein would indicate that the High Court having kept 29 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) in view the legal, as well as the factual aspects, has not proceeded in a manner so as to equate two sets of employees in different organizations. But, keeping in view the recommendation of the Pay Commission and the applicability of the pay scales recommended to similarly placed employees employed in the headquarters and on noticing discrimination despite historical similarity has merely rectified the error, which does not call for interference.
16. In view of the above, the appeal being devoid of merit, stands dismissed with no order as to costs. "
6.2 The Hon'ble Supreme Court's decision in Purshottam Lal Vs. Union of India 1973 (1) SLR 633 observed that if the recommendations of the Pay Commission were accepted, then the same have to be applied in rem and implementation qua some employees would amount to violation of Articles 14 & 16 of the Constitution of India.
Accordingly, the recommendation mentioned in Para 7.4.13
(iv) (b) requires "completion of four years in Level 8" has been confirmed by the Supreme Court in Union of India & Ors. Vs. M. Subramaniam, CA 8883 of 2011.
6.3. The applicants herein stand on better footing as they have been appointed directly in PB-2. There is no denial of the fact that as per the recommendation mentioned in Para 7.4.13 (iv) (b) requires "completion of four years in Level 8"
is required and the same stands fulfilled.
6.4. The denial of the claim of Drug Inspectors on three conditions as mentioned in impugned office orders dated 15.06.2023 and 09.06.2023 by department of expenditure 30 Item No. 01 (C-5) O.A. No. 2000/2023 (Suppl.) is not only arbitrary but also discriminatory in nature and dehors the recommendation mentioned in Para 7.4.13 (iv)
(b) requires "completion of four years in Level 8". No plausible explanation is coming forth except what has been stated hereinabove. It is unacceptable that the benefit of grant of Non Functional Grade Pay of Rs.5,400/-
recommended under the Sixth Pay Commission, which has been followed in the Seventh Pay Commission was never considered for the Drug Inspectors working in subordinate office of the Ministry. Moreover, the distinction sought to be made between two sets of persons within same Ministry i.e one at head office and one at subordinate office is artificial without any justification defeating the very purpose and intent of policy maker's in implementation of recommendation's of Pay Commission. One cannot obviate from the fact that one of the primary objective of the Pay Commission is also to remove anomaly and disparities in the matter of pay scale. Once the applicants fulfill the eligible conditions, the benefits cannot be denied thereto.
No functional difference or any material has been placed on record by the respondents to arrive and come to conclusion that the nature of duties and work performed by applicants is not the same as that in parent department/ Headquarters.
31Item No. 01 (C-5) O.A. No. 2000/2023
(Suppl.)
7. CONCLUSION:
7.1. In view of the above, the OA is allowed , the impugned orders dated 9.6.2023 and 15.6.2023 are liable to be quashed and set aside. Accordingly, in our considered opinion the applicants, who have completed four years of service in Grade pay of Rs.4,800, are entitled to get benefit of Non Functional Up gradation Scale of Rs.5,400/-.
Consequently, respondents shall pass necessary orders to this effect within eight weeks from date of receipt of certified copy of this order.
7.2 All pending applications shall stand disposed of. No costs.
(Dr. Anand S Khati) (Manish Garg)
Member (A) Member(J)
/aks/