Central Administrative Tribunal - Jabalpur
Krishna Kumar Sharma vs M/O Defence on 12 December, 2025
O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application Nos. 200/01154/2018, 200/00973/2023 &
200/1159/2023
Jabalpur, this Friday, the 12th day of December, 2025
HON'BLE JUSTICE SHRI AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Original Application No. 200/01154/2018
1. Shri Krishna Kumar Sharma, S/o S.D. Sharma, D.O.B- 18.10.1957,
D.O R 31.10.2017, Occupation-Ex JWM/OFK /846680, R/o Adhartal,
Jabalpur (M.P)
2. Shri N.P. Choksey, S/o K.R.Choksey, D.O.B- 08.09.1956, D.O.R
30.09.2016 Occupation-, Ex JWM /OFK/846677 R/o Adhartal,
Jabalpur (M.P.)
3. Shri Somnath Sharma, S/o R.R.Sharma, D.O.B- 27.12.1957, D.O.R
31.12.2017, Occupation-Ex JWM /OFK/846670, R/o Ranjhi, Jabalpur
(M.P)
4. ShriNarendra Pal Singh, S/o Amar Singh, D.O.B-26.09.1956,
D.O.R 30.09.2016 Occupation-Ex. JWM/OFK/846679, R/o
MadhanMahal, Jabalpur (M.P)
5. Shri Samar Chakraborty, S/o J.K. Chakraborty, D.O.B- 10.12.1956,
D.O.R 31.12.2016 Occupation-Ex JWM/OFK/ 846678, R/o
Manegaon, Jabalpur (M.P)
6. Shri Shiv NathOjha, S/o Late M.D. Ojha, D.O.B-30.06.1954,
D.O.R 30.06.2014 Occupation-ExJWM/GCF /814282 R/o Adhartal,
Jabalpur (M.P)
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7. Shri S. S. Roy, S/o Late A.S. Roy, D.O.B- 18.08.1955, D.O.R
31.08.2015 Occupation- Ex JWM /GCF/816575, R/o Khamaria,
Jabalpur (M.P)
-Applicants
(By Advocate - Shri Manu V John)
Versus
1. Union of India, Through Secretary, Ministry of Defence,
Department of defence production
2. Director General Ordinance (Coordination & Service), Directorate
of ordinance, 10-A, S.K. Bose Road, Kolkata- 700001
3) General Manager, Ordinance Factory Khamaria Jabalpur -482005
4) General Manager Gun Carriage Factory, Jabalpur -42005
5) Chairman and Managing Director (CMD) CI Munition India
Limited, PLI Ammunution Factory Khadki Pune, Maharashtra -
411003
6) Chairman & Managing Director, Advance Weapons & Equipment
India Ltd, Ordinance Factory Kalpi Road, Kanpur (U.P.) - 208005
- Respondents
(By Advocate - Shri S P Singh)
2. Original Application No. 200/00973/2023
1.Shri T N Tripathi, s/o Late Shri S N Tripathi, D.O.B: - 19.01.1958,
D.O.R: - 31.01.2018 Occupation- Ex-JWM/846266, R/o: - 1190, JP
Nagar, Gandhi Chowk, Adhartal, Jabalpur - 482004
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2. Shri Ram Shankar Dubey, s/o Late RS Dubey, DOB-12.02.1957,
DOR- 28.02.2017, Occupation- Ex-JWM/846265, R/o: - 26, Maitri
Nagar, Maharajpur, Adhartal, Jabalpur M.P.428004
3. Shri A K Dubey, s/o Late Shri B N Dubey, DOB-09.04.1957,
DOR- 30.04.2017, Occupation - Ex-JWM/846261, R/o: - 362, Durga
Colony, Ghamapur, Jabalpur, M.P. - Pin Code- 482002
4. Shri N B Malviya, s/o Late Shri G D Malviyas, DOB-02.02.1955,
DOR- 28.02.2015, Occupation - Ex-JWM/846262, R/o: - 238, Patel
Nagar, Manegaon, Jabalpur, M.P. 482005
5. Shri A A Khan, s/o Late Shri Abdul Samad, DOB-01.07.1958,
DOR- 30.06.2018, Occupation - Ex-JWM/846263, R/o: - H.No. 16,
Behind Old Gohalpur Post Office, Jabalpur- 482002
6. Shri H S Saini, s/o Late Shri A S Saini, DOB- 26.06.1956, DOR-
30.06.2016, Occupation- Ex- JWM/846268, R/o: - 847/17, CM Sahu
Colony, Behind Mahanada, Madan Mahal, Jabalpur, M.P 482001
7. Shri J L Sanodiya, s/o Late Shri K P Sanodiya, DOB-16.07.1957,
DOR- 31.07.2017, Occupation - Ex-JWM/846270, 201, Patel Nagar,
Manegaon, Jabalpur, M.P. 482005
8. Shri R M Dubey, s/o Late Shri S P Dubey, DOB-1.07.1959, DOR-
30.06.2019, Occupation- Ex-JWM/846269, R/o- Divya Homes,
Sainik Society, Jabalpur, M.P. 482001
9. Shri Raja Ram, s/o Late Shri C R Kachhi, DOB-01.07.1958, DOR -
30.06.2018, Occupation - Ex-JWM/846271, R/o: - E/157, Sanjay
Nagar, Ranjhi, Jabalpur - 482005
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10. Shri A K Mukherji, s/o Late Shri S N Mukerji, DOB-25.10.1959,
DOR- 31.10.2019, Occupation - Ex-JWM/846278, R/o: - 54c, Vijay
Nagar, Ranjhi, Jabalpur - 482005
-Applicants
(By Advocate - Shri Manu V John)
Versus
1. Union of India, through, it's Secretary, Ministry of Defence, South
Block, New Delhi, Pincode- 110001
2. Director General of Ordinance, Directorate of Ordinance
(Coordination & service), 10-A, S.K. Bose Road, Kolkata -700001
3. General Manager, Ordinance Factory Khamaria, Jabalpur -482001
- Respondents
(By Advocate - Shri D S Baghel)
3. Original Application No. 200/01159/2023
1. Shri R S Upadhyay, S/o Late Shri S N Upadhyay, D.O.B-
01.07.1959, Occupation- Ex-JWM/902703 R/o Mahakaushal Nagar,
Adhartal, Jabalpur M.P.- 482004
2. Shri Shyamlal Sharma, S/o late Shri R S Sharma,, DOB-
01.07.1959, Occupation- Ex-JWM/902703/055400, R/o Prem Nagar,
Jabalpur -428002
3. Shri Vindhyachal Singh, S/o Late Shri Ramji Singh, A K Dubey,
DOB- 04.11.1959, Occupation - Ex-JWM/902709, R/o Ranjhi
Jabalpur, Pin Code- 482005
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4. Shri Sadanand Singh Yadav, S/o late Shri J S Yadav, DOB-
04.08.1959, Occupation - Ex-JWM/902712, R/o: - Kanchanpur,
Adhartal, Jabalpur M.P. 482004
5. Shri Shyamlal Rahut, S/o Late Shri S N Rahut, DOB-02.07.1959,
Occupation - Ex-JWM/902713, R/o: - Sneh Nagar, Jabalpur - 482002
6. Shri Vijay K. Patel, S/o Late Shri R S Patel, DOB-25.04.1960,
Occupation- Ex- JWM/903001, R/o: - Adhartal Jabalpur 482004
7. Shri G P Shrivas, S/o late Shri B P Shrivas, DOB-18.06.1959,
Occupation - Ex-JWM/ 902711/055480, R/o Civil Lines Jabalpur,
M.P. 482001
8. Shri Sunil K Saini, S/o late Shri R D Saini, DOB-18.01.1961,
Occupation- Ex- JWM/902701/055380, R/o- R/o - Dr Agarwal H.S.S
School, Damoh, M.P 470661
9. Shri Sanjay K Sengupta, S/o Late Shri R K Sengupta, DOB-
12.05.1961, Occupation - Ex-JWM/902710 R/o: - Pachpedi, Jabalpur
-482001
10. Shri V K Bhattacharya, S/o late Shri S N Bhattacharya, DOB-
15.05.1959, Occupation Ex- JWM/902702/055340, R/o: - VFJ
Jabalpur - 482005
11. Shri J S Khandoria, S/o Late Shri K L Khandoria, D.O.B -
01.07.1954, Occupation - EX-JWM/901578, R/o Ambedkar Colony
Jabalpur - 482001
12. Bharat Singh, S/o Late Shri Ganga Prasad, D.O.B - 26.11.1954,
Occupation - EX-JWM/901319, R/o Shivnagar, Jabalpur -482001
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13. Bhaskaran K, S/o Late Shri Krishnachary, D.O.B - Occupation -
EX-JWM/3036405/901576, R/o - Chembakapallil, Eduanassery,
Kollam, Kerala - 690519
14. Tara Chand Sahu, S/o Late Shri Phool Chand Sahu, D.O.B -
01.04.1953, Occupation - EX-JWM/901579, R/o Adhartal Jabalpur -
482004
15. Bhuwan Chandra Joshi, S/o Late Shri K C Joshi, D.O.B -
07.04.1954, Occupation - EX-JWM/901317, R/o Adhartal Jabalpur -
482004
16. Shankarlal Sharma, S/o late Shri D S Sharma, D.O.B -
10.12.1953, Occupation - EX-JWM/901439, R/o Ghamapur, Jabalpur
-482001
17. Shyam Jeet Patel, S/o Late D P Patel, D.O.B - 10.03.1955,
Occupation - EX-JWM/901752/013495, R/o Ranjhi, Jabalpur -
482005
18. H K Newlay, S/o Late Shri M L Newlay, D.O.B - 15.04.1955,
Occupation - EX-JWM/901605/013487, R/o Adhartal, Jabalpur -
482004
19) Onkar Prasad Vishwakarma, S/o Late Shri L R Vishwakarma,
D.O.B - 28.06.1955, Occupation - EX-JWM/814387, R/o Shobhapur,
Jabalpur - 482005
20) Satish K Pathak, S/o late Shri G P Pathak, D.O.B - 08.06.1959,
Occupation - EX-JWM/859083, R/o Kanchan Vihar, Vijay Nagar,
Jabalpur - 482002
-Applicants
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O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023
(By Advocate - Shri Manu V John)
Versus
1. Union of India, Through, it's Secretary, Ministry of Defence, South
Block, New Delhi, Pincode- 110001
2. Director General of Ordinance, Directorate of Ordinance
(Coordination & service), 10-A, S.K. Bose Road, Kolkata -700001
3. General Manager, Ordinance Factory Khamaria, Jabalpur -482001
4. General Manager, Gun Carriage Factory, Jabalpur - 482001
- Respondents
(By Advocate - Shri S P Singh)
Common Order
By Akhil Kumar Srivastava, JM The applicants in these Original Applications are aggrieved that they have not been granted the benefit of Grade Pay of Rs.5400/-
after rendering four years continuous service in the Grade Pay of Rs.4800/-. Since issue involved in both these Original Applications is identical, we propose to decide these Original Applications by way of a common order.
2. The applicants in these cases are retired JWMs under the respondent department. They have been granted the Grade Pay of Rs.4800/- by virtue of financial upgradation under ACP/MACP scheme. All the applicant have completed four years of service in the Page 7 of 15 VISHAL 2025.12.16 KUSHWAH 15:30:50+05'30' O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023 Grade Pay of Rs.4800/- Grievance of the applicants is that upon completion of four years of service in the Grade Pay of Rs.4800/-, they are entitled to get the Grade Pay of Rs.5400/-, as has been extended to the similarly situated persons working under different Ministries even of the same Ministry.
3. We find that similar issue has already been considered and decided by this Tribunal in Original Application No.200/969/2018 & other connected OAs vide order dated 09.11.2023. The relevant paragraphs of the order dated 09.11.2023 read as under:
"4. The applicants have retired from their services while holding the post of Junior Works Manager and all applicants have been granted the grade pay of Rs.4800/- by virtue of financial upgradation under ACP/MACP scheme. The Government of India has issued a Resolution dated 29.08.2008, accepting the recommendation of the Pay Commission inter alia specifying that the Group-B officers of Department of Post, Revenue etc. will be granted Grade Pay of Rs.5,400/- in PB-2 on non-functional basis after rendering four years regular service in the Grade Pay of Rs.4,800/-.
5. The applicants submit that the issue regarding grant of Grade Pay of Rs.5400/- after completion of four years service in the Grade Pay of Rs.4800/-, was agitated by one similarly placed employee M. Subramaniam before the Hon'ble High Court of Madras in W.P. No.13225/2010 and the Hon'ble High Court has clarified as to how the four years period is to be counted for the purpose of granting nonfuncational upgradation to Group-B Officer. The same principle has also been followed by the various Benches of this Tribunal and since the applicants are also similarly placed employees, they have legitimate right to get Grade Pay of Rs.5400/-, and the applicants are feeling aggrieved Page 8 of 15 VISHAL 2025.12.16 KUSHWAH 15:30:50+05'30' O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023 with the action of the respondents in denial of the benefit of up-gradation in the grade pay of 5,400/-.
6. In their reply, the respondents have stated that all the applicants were holding the post of Junior Works Manager carrying Grade Pay of Rs.4600/- in the Pay Band-2 as per the recommendation of 6th CPC. All the applicants were granted Grade Pay of Rs.4800/- (level-8) as the third upgradation under the ACP/MACP scheme in the post of JWM. There is no provision of granting of non functional upgradation in the grade pay of Rs.5400/- for JWM who got financial upgradation under MACP in the Grade pay of Rs.4800/-. Further it is submitted by the respondents that non functional upgradation to the grade pay of Rs.5400/- in the pay band-2 can be given on completion of four years of regular service in the grade pay of Rs.4800/- in PB-2 after regular promotion and not on account of financial upgradation due to ACP.
7. The applicants have also filed rejoinder to the reply filed by the respondents reiterating their earlier submission. It has been again submitted that the applicants are similarly placed employees to that of M. Subramanian and are entitled for the same benefits. Further applicant in M.A. No.801/2023 has submitted that Principal Bench of this Tribunal has decided the similar issue and all the grounds raised by the respondent herein in the present O.A. have been dealt and has been rejected by Principal Bench in O.A. No.1766/2016 (Pawan Jindal and others vs. Union of India and others) decided on 22.05.2023 wherein judgment of Hon'ble High Court of Delhi in W.P. (C) No.5518/2021 has been referred to and extended the benefits of Grade Pay of Rs.5400/-.
8. Heard learned counsel for the parties and perused the pleadings and the documents available on record.
9. The issue involved in this Original Application is no longer res integra as the same has already been decided by this Tribunal in Original Application No.200/24/2015 and other connected OAs, decided on 13.09.2018. Recently, this Tribunal in Original Application No.200/441/2021 and other connected OAs, while placing reliance on the order passed by the Principal Bench in OA Page 9 of 15 VISHAL 2025.12.16 KUSHWAH 15:30:50+05'30' O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023 No.3768/2018 dated 06.01.2022, has held that the judgment of M. Subramaniam (supra) is to be complied in rem and not to be treated as in personam. The relevant paragraphs of the order dated 11.02.2022 passed in Original Application No.200/441/2021 & other connected OAs, read as under:
"8. It is undisputed fact that the issue regarding grant of Grade Pay of Rs.5400/- in PB-2 on non-functional basis after rendering four years regular service in the Grade Pay of Rs.4,800/- to the Group-B officers of Department of Post, Revenue etc, has already been settled by the Hon'ble High Court of Madras in M. Subramaniam (supra). This Tribunal has also decided the similar issue in Original Application No.24/2015 and other connected Original Applications vide order dated 13.09.2018 in the case of Salman Imteyaz Hussaini & others vs. Union of India & others. The only question for consideration is whether the judgment of Hon'ble High Court of Madras in M. Subramaniam (supra) is a judgment in rem or in personam.
9. Learned counsel for the applicants has placed reliance on the orders passed by the Principal Bench of this Tribunal in OA No.3768/2018 decided on 06.01.2022 (Ravi Dutt Shankar & others vs. Union of India & others), which has been filed along with MA No.200/83/2022, wherein it has been held that the judgment of M. Subramaniam (supra) is to be complied in rem and not to be treated as in personam. The relevant pargraphs of the judgment are reproduced below:
"10. We are of the considered view that the issue raised in this OA is no more res integra as the same has already been decided by the Hon'ble High Court of Madras in W.P. (C) No.13225/2010 - M. Subramaniam v. Union of India & Ors., which has also been affirmed by the Hon'ble Supreme Court.
We find from the judgment that the Hon'ble Madras High Court has clarified as to how four years regular service is to be counted for the purpose of granting non-functional upgradation to Group B officer. The Page 10 of 15 VISHAL 2025.12.16 KUSHWAH 15:30:50+05'30' O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023 relevant portion of the judgment of the Hon'ble High Court of Madras is reproduced below for convenience:
6. It is not in dispute that the Government of India vide its resolution, dated 29.8.2008 granted grade pay of 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. 7500-25012000 by way of ACP Scheme on 1.1.2004 which is corresponding to the pay 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. 5400/0 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 F.No.A2601/98/2008-AdIIA, in Letter dated 21.11.2008 clarifying that the four year period is to be counted from the date on 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 issued by the Central Board of Excise & Customs, dated 11.2.2009, wherein, it was clarified that the Officers who got the pre-revised pay-scale of 7500-12000 (corresponding to grade pay of Rs. 4800) by virtue of financial upgradation under ACP would not be entitled to the benefit of further nonfinancial upgradation the pre-revised payscale 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 on 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 year period is to be counted with effect from the date on which an officer is placed in the pay scale of Rs. 7,500- 12000 (Prerevised) or with effect from 1.1.2006, i.e. the date on which the recommendation of the 6th CPC came into force, It was clarified that 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. 7,500-12000 (Pre-revised).Page 11 of 15
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8. Thus if an officer has completed 4 year on 1.1.2006 or earlier, he will be given the nonfunctional upgradation with effect from 1.1.2006 and if the officer completes 4-year 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. 7,500-12000 (prerevised), since the petitioner admittedly completed 4 year period in the pay scale of Rs. 7500-12000 as on 1.1.2008, he is entitled to grade pay of Rs. 5,400/-. In fact, the Government on 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-financial basis after four Group B Officers in pay Band 2 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 19.4.2010 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 1.1.2008 as per the resolution dated 29.8.2010. No costs."
11. The learned counsel for the applicants have demonstrated that the Coordinate Benches of the Tribunal at Madras in OA No.1524/2019 - All India Association of Central Excise Gazetted Executive Officers Association (Chennai Unit) v. Union of India & Ors. and Allahabad Bench in OA No.536/2020 - Suresh Chander Sharma v. Union of India held that the judgment of the Hon'ble Madras High Court in M. Subramaniam (supra) is judgment in rem and passed orders to extend the benefits of the judgments to the applicants therein.
12. Further, the Jabalpur Bench of this Tribunal vide its judgment dated 13.09.2018 was pleased to allow OA No.24/2015 & other connected matters by placing reliance on the judgment passed by the Hon'ble High Court of Page 12 of 15 VISHAL 2025.12.16 KUSHWAH 15:30:50+05'30' O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023 Madras in M. Subramaniam (supra) and the said judgment has also been implemented vide order dated 27.06.2019 (Annexure A-14). It is pertinent to mention here that the respondents vide their office order dated 06.12.2019 have extended the benefit of the judgment of the Hon'ble High Court of Madras in M. Subramaniam (supra )to the applicants in OA No.358/2019 - Shiladitya Maitra & Ors. v. Union of India (Kolkata Bench) vide their office order dated 06.12.2019 (Annexure A15).
13. From the above it is clear that the impugned orders qua the applicants cannot sustain in the eyes of law. As such, we are satisfied that the applicants are similarly situated with M. Subramaniam (supra) and are required to be extended the benefit of the said judgment.
14. During the course of the argument, Shri Ahuja, learned counsel for the applicants brought to our notice that the Civil Appeal No.(s)8883 of 2011 filed before the Hon'ble Supreme Court at the hands of the department, has been dismissed vide order dated 10.10.2017.
15. The respondents in their reply have taken the stand for not granting Grade Pay of Rs.5400/- to the applicants in PB-2 on non-functional basis after four years of regular service in the Grade Pay of Rs.4800/- in PB-2, which has undoubtedly been considered by the Hon'ble High Court of Madras in M. Subramaniam (supra). Furthermore, the Civil Appeal No.(s)8883 of 2011 filed before the Hon'ble Supreme Court by the respondent-Department has also been dismissed on 10.10.2017 and the said verdict of Hon'ble High Court of Madras has become final. Once the decision of the Hon'ble High Court of Madras in M. Subramaniam (supra) has attained finality, the respondents cannot deny the benefit of the same to the applicants before us, who are similarly placed. We, therefore, hold that the applicants herein also entitled for similar benefits, as has been extended to M. Subramaniam (supra).
16. Resultantly, for the foregoing reasons, this OA succeeds and is accordingly allowed. The respondents are directed to grant the Grade Pay of Rs.5400/- to the applicants on non-functional basis with effect from the date(s) they had completed four years of regular service in the Grade Pay of Rs.4800/- with all Page 13 of 15 VISHAL 2025.12.16 KUSHWAH 15:30:50+05'30' O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023 consequential benefits, within a period of 90 days from the date of receipt of a certified copy of this order.
17. We also notice that the respondents are ignoring the fact that apart from this Bench, other Benches of the Tribunal have repeatedly directed compliance of the said judgment of M. Subramaniam (supra) holding that the judgment is to be complied in rem and not to be treated as in personam. We, therefore, hold that the said judgment is not in personam and benefit of the same is required to be extended to all similarly situated persons including the applicants before us, to avoid needless litigation in future."
10. Further we have also gone through the order passed by Principal Bench of this Tribunal in Pawan Jindal's case where the judgment of Hon'ble High Court of Delhi has been referred therein it has been held that "...... in our considered opinion the petitioners, who have completed four years of service in Grade Pay of Rs.4800/- either by promotion or by ACP/MACP, are entitled to get benefit of Non Functional Upgradation scale of Rs.5400/- .....".
11. In view of the aforesaid, this Tribunal is of the view that the instant case is fully covered by the orders passed by this Tribunal in the aforesaid Original Applications and the applicants are also entitled for the same benefit as has been granted to the applicants therein. Resultantly, this Original Application is allowed and the respondents are directed to grant the Grade Pay of Rs.5400/- to the applicants on non-functional basis with effect from the date they had completed four years of regular service in the Grade Pay of Rs.4800/- with all consequential benefits, within a period of 90 days from the date of receipt of a certified copy of this order. However, they will not be entitled for any interest. No order as to costs."
4. In view of the settled legal position, we are of the considered view that being similarly situated, the present applicants are also entitled for the same benefit as has been extended to the applicants in the O.A mentioned above. Accordingly, we allow these Original Page 14 of 15 VISHAL 2025.12.16 KUSHWAH 15:30:50+05'30' O.A.No. 200/01154/2018, O.A.No. 200/00973/2023 & O.A. No. 200/01159/2023 Applications and direct the respondents to grant the Grade Pay of Rs.5400/- to the applicants on nonfunctional basis w.e.f. the date they had completed four years of regular service in the Grade Pay of Rs.4800/- with all consequential benefits, within a period of 90 days from the date of receipt of a copy of this order. However, they will not be entitled for any interest. No order as to costs.
(Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
VK/-
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