Central Administrative Tribunal - Delhi
C P Meena vs M/O Finance on 7 April, 2025
1
Item No. 60/Court-4
O.A. No. 1707/2019
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No. 1707/2019
Reserved on : 07.03.2025
Pronounced on : 07.04.2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
1. Shri C.P. Meena (Aged about 34 years)
[Former Assistant (Group 'B' Non Gaz Post)
and now SO (Group 'B' Gaz Post)
S/o Shri Chote Lal Meena
Flat-4, C&D Block, Shalimar Bagh
New Delhi-110088.
2. Shri Dharmender Kumar (Aged about 50 years)
[Assistant (Group 'B' Non Gaz Post)
S/o Late Shri Nathu Ram
H-2686, Street No.3, Shadipur Main Bazaar
West Patel Nagar, Delhi-110008.
3. Shri Sanjib Roy (Aged about 45 years)
[Former Assistant (Group 'B' Non Gaz Post)
and now SO (Group 'B' Gaz Post)
S/o Shri Dwijesh Roy
199-H, 1st Floor, Aaram Bagh
New Delhi-110055.
4. Smt. Bibha Roy (Aged about 54 years)
[Assistant (Group 'B' Non Gaz Post)
D/o Late Shri Ram Raj Coudhary
P-23, Q.No. 304, Tatrakshak Vihar
Sector-23, NOIDA-201301.
5. Smt Deepa Singh (Aged About 43 Yrs)
[Assistant (Group 'B' Non Gaz Post]
D/o Raghuvir Singh
M 329 B, Sanjay Nagar, Ghaziabad
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6. Smt Manju (Aged About 53 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now CSO (Group 'A' Gaz Post]
D/o Shri Sehdev
RZ-92, A Block, Gali No I Dabri Extn
Palam Road, New Delhi-45
7. Ms Manisha Chaudhary (Aged About 36 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
and Now SO (Group 'B' Gaz Post)]
Sh. Suresh Chaudhary
House No. 621, Sec -8, Faridabad, Haryana-121006
8. Smt Sudha Rani (Aged About 51 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
W/o Late Shri Surender Singh
C-24, Millennium Apartment
Sector-18, Rohini, Delhi-110 089
9. Shri Subodh Kumar Sharma (Aged About 55 Yrs)
(Assistant (Group 'B' Non Gaz Post))
S/o Late Shri Ram Narayan Sharma
P-15/1, Tatrakshak Vihar, Noida
10. Shri Santosh Kumar (Aged About 54 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Maiku Lal
B-62 Mange Ram Park Budh Vihar, Delhi-110 086
11. Smt Shruti Mishra (Aged About 34 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Late Shri Pranesh Mishra
Lavender 001, Rps Green Valley
Sector-42, Faridabad
12.Shri Yogesh Kumar(Aged About 43 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Shish Pal
A-3/1, Sec 15 Rohini, Delhi-85
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13. Shri Parveen Kumar(Aged About 52 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Ap Sharma
F-2/24, Sector-16 Rohini
New Delhi-110 085
14. Shri Chandan Kumar Chandan(Aged About 35 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Surendra Prasad Singh
B-68A, Old Uttam Nagar
Anand Vihar, Delhi-110 059
15. Shri Gopal Singh (Aged About 43 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Padam Singh
H.No.15, Police Colony, Vikaspuri
New Delhi-110018
16.Shri Samir Kumar Sudan (Aged About 44 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Vijay Kumar Sudan
H.No.-191, Gali No. 3, Ram Nagar
Krishna Nagar, Delhi-110 051
17. Shri Shubhrajit Kuila (Aged About 33 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Bishwa Ranjan Kuila
Dhaka, 242, New Delhi-110 009
18.Smt Nitasha Khanna (Aged About 43 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
D/o Shri B.K. Kapoor
204 Dayanand Vihar, Delhi-110 092
19. Shri Nagender Kumar (Aged About 42 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Jagdish Chand
House No 368, Mohlla Tejpura,
Rewari-123401.
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20. Shri Sanjeev Kumar Chandel (Aged About 53 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Late Shri R.S. Chandel
749, Laxmibai Nagar, New Delhi-110 0 23
21. Shri Dal Chand (Aged About 50 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Bhagwan Sahai
D-16/426, Sector 7
Rohini, Delhi-110085
22. Shri Pawan Kumar Seth (Aged About 41 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Shyam Narayan
P-13/4, Tatrakshak Vihar, Sec 23, Noida
23. Smt Parineeta Jassal (Aged About 51 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Sh Moti Lal
Flat No. 67-D, Pkt-3, Mayur Vihar Ph-I
Delhi-110091
24. Shri Raj Kumar Singh (Aged About 54 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Radhey Shyam Singh
P-23/104, Tatrakshak Vihar, Sec 23, Noida
25. Shri Sanjay Verma (Aged About 46 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri P.S. Verma
4478/10, Jai Mata Market,
Tri Nagar, Delhi-110 035
26. Shri Shashi Bhushan Kumar (Aged About 26 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Ramkrishna Prasad
C-262, C Block, Pandav Nagar, New Delhi-110092
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27. Shri Ram Prakash Dwivedi (Aged About 45 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Nand Kishor Dwivedi
P-23/204, Tatrakshak Vihar, Sector-23, Noida
28. Shri Roshan Lal Chakravarti (Aged About 36 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Shrikant
G-212, Seva Nagar Kotla Market
New Delhi-110 003
29. Shri Fredric Tigga (Aged About 43 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Sh. Bretius Tigga
G1-241, Indira Enclave
Sector 21-D, Faridabad, Haryana
30. Shri Hemant Raghav (Aged About 26 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Sudhir Raghav
83/19, Durgesh Nagar,
Double Phatak, Moradabad-244001
31. Shri Tarun Kumar Bharti (Aged About 32 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Mohan Bind
998 Sector-03, Pushp Vihar
MB Road, New Delhi-110017
32.Shri Rajesh Kumar (Aged About 30 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Mahendra Pal
A-36, DDA Flats, Guru Gobind Singh Kunj
Tagore Garden New Delhi-110027
33. Shri Pratap Singh Chauhan (Aged About 48 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Sabal Singh Chauhan
P-13/10 A-109, Tatrakshak Vihar
Sec 23 Noida
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34. Shri Vijay Kumar (Aged About 46 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Ranvir Singh
Patti Deshwal, Aggrawal Mandi
Tatiri, Disst Baghpat, UP-250601
35. Smt Shruti Bhardwaj (Aged About 30 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
D/o Shri Jai Kishan
C-103 Arya Apartment
Sector 15, Rohini, Delhi 110089
36. Smt Sunita Gairola (Aged About 52 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Late Shri JP Sharma
870, Laxmibai Nagar, New Delhi 110023
37. Shri SK Sinha (Aged About 44 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Late Shri BNP Sinha
Plot No 121,GF-3 Sector 2A
Vaishali, Ghaziabad
38. Shri Amit Dagar (Aged About 35 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Niranjan Singh
1/6194, 4th Floor, Gali No.3,
East Rohtas Nagar, Shahdara, Delhi-110 032
39. Smt Usha Dhoundiyal (Aged About 45 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
D/o Shri Bhola Dutt Sharma
1090 Laxmibai Nagar, New Delh 110023
40. Smt. Vandana Gupta (Aged About 37 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Shri Subhash Chander
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O.A. No. 1707/2019
2569-A/194, Onkar Nagar-A
Tri Nagar, Delhi-110035
41. Shri Gulshan Baa (Aged About 45 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Junas Baa
Qtr No. 523, First Floor
Sarojini Nagar, New Delhi
42. Smt Mamta (Aged About 37 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Shri Raj Kumar
WZ-131B, Naraina, New Delhi-110 028
43. Shri Rajesh Kumar (Aged About 38 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Ravi Bhushan Sharma
B-2/56, Gauri Apartment, Vikram Enclave
Shalimar Garden, Ghaziabad-201005
44. Shri Alok Kumar (Aged About 45 Yrs)
[(Assistant (Group 'B' Non Gaz Post)]
Shri Saryug Prasad Singh
P-23/004, TRV, Sector-23, Noida-201301
Gautambudh Nagar (UP)
45. Smt Renuka Subramanian (Aged About 50 Yrs)
[Former PS (Group 'B' Gaz Post)
And Now PPS (Group 'A' Gaz Post)]
Late Sh GR Mani
279-F, Pocket-2, Mayur Vihar Ph-1,
Delhi-110 091
46. Shri Sohan Singh (Aged About 48 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Shri Hari Singh
H.No. 3221, Gali No.1, Ranjeet Nagar
New Delhi-110 008
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47. Smt Virender Sharma (Aged About 54 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
D/o Late Sh Ajit Singh
BG-5/36-B, Paschim Vihar, New Delhi-110 063
48.Smt Jasbir Kaur (Aged About 52 Yrs)
(Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post))
D/o Shri S. Surjit Singh
7/26, Subhash Nagar, New Delhi
49.Shri Naveen Sachdeva (Aged About 49 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Sh Dharam Dev Sachdeva
J 87-B, Dda Flats, Ashok Vihar, Ph-I,
Delhi-110052
50. Shri Anil Bahl (Aged About 46 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Shri Cc Bahl
H.No. 478, Sector-4, Urban Estate,
Gurgaon-122 001
51. Shri Rajesh Kumar (Aged About 52 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Shri Mahabir Pershad Singhal
Flat No 41 Promise Apartments
'F' Block Vikaspuri New Delhi-110 018
52. Shri Deen Dayal Meena (Aged About 48 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Sh Ramji Lal Meena
E-16/1, Gali No.13, Mandawali, Delhi-110 092
53. Smt Nirmala Hasija (Aged About 48 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
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O.A. No. 1707/2019
D/o Sh C R Batra
Flat No. 142, DDA SFS, Navjeevan Appt,
Pocket-6/3, Near Dashrathpuri Metro Station,
Sec-1A, Dwarka, New Delhi-110045
54. Shri Ravi Ranjan Dayal (Aged About 49 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Late Sh. Shambhu Dayal
R/o P-3/5, Tatrakshak Vihar Sector-23, Noida
55. Smt Mridula Kumari (Aged About 33 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Sh Lalan Bahadur Singh
Qtr No. 80, Type-II, Lancer Road,
Timarpur, Delhi-110 065
56. Smt Nirmala (Aged About 47 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
Late Sh Behari Lal
314, Sector-7, RK Puram, New Delhi-110 022
57. Smt Poonam S Kumar (Aged About 42 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Shri Om Prakash
RZ 18H, Street No. 2, Main Sagar Pur, New Delhi -46
58. Shri Rajesh Kumar (Aged About 43 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Lekh Raj
Η.Νο.519, Pocket 2, Pachim Puri
New Delhi 110063
59. Shri JP Pandey (Aged About 39 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri SB Pandey
P-23/404, Tatrakshak Vihar Sector-23, Noida
60. Shri Uttam Prakash (Aged About 34 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Prakash Rajak
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570 Sector 5 Pushp Vihar
New Delhi-110017
61. Shri Nishant Kumar Gaurav (Aged About 39 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Krishna Kumar Singh
15/8, Tatrakshak Vihar Sec 23 Noida
62. Smt Anita Rawat (Aged About 40 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Late Shri MS Aswal
130-H Pocket A-3, Mayur Vihar
Phase -III, Delhi-110 096
63. Shri Manish Kumar (Aged About 36 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Late Shri Kali Charan Dass
D-35 Green Valley Apartments
Sec 18, Rohini, New Delhi-110 085
64. Shri Virander Singh (Aged About 44 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Govind Singh
House No 18, II Floor Sector 24,
Rohini, New Delhi-110 085
65. Smt Geeta Kapoor (Aged About 45 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Late Shri DD Kapoor
Block No 17, House No 8, Geeta Colony, Delhi-110 031
66. Shri Ajit Kumar (Aged About 36 Yrs)
[PA (Group 'B' Non Gaz Post)
S/o Shri Ramashish Roy
1080, Pocket-3, Lodhi Road Complex, New Delhi-03
67. Shri Pankaj Kumar (Aged About 29 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Pal Singh
House No. 227, Sector-7
Pushp Vihar, New Delhi 110017
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68. Shri Mudit Saxena (Aged About 27 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Satya Prakash Saxena
Moh Papal Tola, Thakudwara,
Dist Moradabad UP-244601
69. Smt Saryu Sharma (Aged About 33 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Dharam Pal Sharma
356 First Floor Front
IP Colony, Faridabad-1211003
70. Ms Manju Joshi (Aged About 26 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Shri Puran Chandra Joshi
112/8, Sector -1 Pushp Vihar,
Saket, New Delhi 110017
71. Ms Ritika Arora (Aged About 28 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Devender Kumar Arora
7/4 Jwala Nagar Shahdara, Delhi-110032
72. Shri Kapil Kumar (Aged About 34 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri Anandpal Singh
Vill Adalpura Taj, Post-Talipura Mafi,
Dist-Amroha (UP)
73. Ms Renu Gulati(Aged About 30 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Devendra Kumar Gulati
House No. 9/963, Gandhi Nagar, New Delhi-110031
74. Smt Monika Malik (Aged About 26 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Vijay Kumar Malik
RZ-283/60-A West Block
Vishnu Garden, New Delhi-110018
75. Shri Mukhraj Marmat (Aged About 38 Yrs)
[PA (Group 'B' Non Gaz Post)
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S/o Dev Pal Meena
RZ-18A/65, Gali No.2,
Veer Nagar, Sagarpur (West) New Delhi-110046
76. Smt Pranna Kumari Minj (Aged About 53 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Late Shri Julius Minj
Qtr No. B4/3 Tatrakshak Vihar,
Panipath Road, Haddo Port Blair-744102
77. Smt Chandra Kanta Toppo (Aged About 52 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
D/o Late Shri Habil Toppo
House No. 63/PBMC, Ward No. 19
Garacharama-II, Post Garacharama
South Andaman-744105
78. Shri P Thrinath (Aged About 48 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Late Shri Hari
Tapubasti, Bambooflat, South Andman-744107
79. Smt P Nirmala (Aged About 45 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Shri PS Perumal,
23/3 DP Street, Lillipur, Haddo, Port Blair-744102
80.Shri KNV Rao (Aged about 48 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Shri K. Rama Rao
Near Sea Shell Hotel Marine Hill
Port Blair-744101.
81. Smt. Asma Bibi (Aged about 41 Yrs.)
[PA (Group 'B' Non Gaz Post)]
D/o Shri AP Hamz
C/o Global Hardware, Ward No.19
Garacharma-744105.
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82.Smt. V Baby Sudha (Aged about 42 Yrs.)
[PA (Group 'B' Non Gaz Post)]
D/o Shri V Bhima Rao
Attampahar, Near Water Tank
Ward No.19, Garacharma-744105.
83.Smt. Sunita Mondal (Aged about 40 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Shri L Rama Rao
Qtr No.B-3/2 TRV, Tatrakshak Vihar
Panipath Road, Haddo
Port Blair-744102.
84.Shri Victor Paridas (Aged about 45 Yrs.)
[PA (Group 'B' Non Gaz Post)]
S/o Late Shri KA Sebastian
Ward No.9, Lamaba Lane
Port Blair-744103.
85. Smt. Sandhya Jaya Kumar (Aged about 43 Yrs.)
[PA (Group 'B' Non Gaz Post)]
D/o Late Shri RK Nair
A/6 NK Apartment, Protherapur
Port Blair-744105.
86.Shri Isdore Kachuwa (Aged about 53 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Late Simon Kachuwa
Post & Vill. Ferrargunj
South Andaman, Port Blair-744106.
87. Smt. Daljit Kaur (Aged about 48 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
D/o Shri K Kalyan
MB-174 (Near Primary Health Centre)
Shadipur, Port Blair.
88.Sanjiv Kumar Toni (Aged about 38 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
14
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S/o Yadunandan Das
Charms Height
B4/404, Manda Village
Sawarkarnagar Dist Thane
Titwala (E)-421605
89. Namba Sankara Desai (Aged about 45 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Late Veeraswamy
Block No.141, Qr. No.5291, CPWD Quarters
Antop Hill, Mumbai-400037.
90.Bindhu Anantharaj (Aged about 45 Yrs.)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
W/o P Ananthara
3D/403, Dreams Coop Hsg. Society
LBS Marg, Bhadup (West), Mumbai-400 030.
91. Arijit Chatterjee (Aged about 46 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri SK Chatterjee
2799/207, Sector-3, Kane Nagar
Antop Hill, Mumbai-400037.
92. Smt. Manali P. Dhumde (Aged about 58 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now CSO (Group 'A' Gaz Post)]
W/o Prashant S Dhumde
Ashirwad Bldg., 3/31 Opp. VSNL
Near Kirti College, Dadar
Mumbai-400028.
93. Smt. Thangamani Chaudhary (Aged about 58 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now CSO (Group 'A' Gaz Post)]
D/o Late Sita Ram Chaudhary
Lahudeep Apartment, A Wing
Flat No. 13&14, Pawsay Road
Hanuman Nagar, Katemanavli
Kalyan (E) District Thane.
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94. Smt. Alice Varghese (Aged about 54 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now CSO (Group 'A' Gaz Post)]
D/o P. Varghese
Flat No. 7/301, Vijay Park
Kasarvadavali, GB Road, Thane-400615.
95. Shri MRK Rao (Aged about 52 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o M Anjaneyulu
P-13-04, Defence Colony
Mankhurd, Mumbai-88.
96. Shri MV Paunikar (Aged about 56 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Vitthal Paunikar
Bajaj Prakrutiangan
B/702, Near DSD School
Gauripada, Kalyan (West) Mumbai.
97. Shri AK Misra (Aged about 39 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Shri AP Mishra
C-401, Durga Apartment, Pisavali Road
Near Tata Power, Kalyan (East), Mumbai.
98. Smt. Saramma John (Aged about 48 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
D/o Reji John Mathew
A/403, Raj Sunderam, Shiv Vallabh Marg
Ashokvan, Dahisar (E), Mumbai-68.
99. Smt. Sanjana Prabhu (Aged about 45 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
D/o Govind Babaji Labde
A/102, Kalinga, Link Road, Mulund (W).
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100. Shri Ramadhar Singh (Aged about 54 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Shri Satyapal Singh
36/1332, Sector-7, CGS Colony
Antop Hill, Mumbai-400037.
101. Smt. Binita S Nautiyal (Aged about 48 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
D/o Late Suryaprakash Nautiyal
207/2599, Sector-VI, CGS Colony
Antop Hill, Mumbai-400037.
102. Shri Narsale Vijay Devidasrao (Aged about 34 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Narsaledevidasrao Rambhau
B-204, Yashoda Apartment, Ekta Marg
Opposite Sansare Garden, Maruti Mandir Area
At Post Ratnagiri, Tehsil Ratnagiri
District Ratnagiri (MH)-415639.
103. Smt. Saraladevi Babu (Aged about 53 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
D/o Late Raman Nair
H.No.VIII/867A(1), RG Pai Road
Pandikudymattanchery PO, Cochin-682002.
104. Shri PC Victor (Aged about 48 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Late PV Chummar
CC 12/591K, Bhadri, Arakkaparambu Road
Pandijudy, Ernakulam.
105. Shri Manoj PG (Aged about 49 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
S/o Late PI Gangadharan
Deepaniwas Cochin College Road
Pandikudy, Cochin-682005.
17
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106. Smt. Beena Ashok (Aged about 46 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
D/o Anand Kumar K, H.No. 18/2350-A
Pallichal Road, Thoppumpady
Cochin-682005.
107. Shri Prakash R (Aged about 45 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
S/o Late K Raghavan
Qtr. No.10, Type-III, CGO Complex
Poonkulam Trivandrum-695522.
108. Shri PR Gireesh Kumar (Aged about 45 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
S/o Late PA Raveendran
Qtr.No.10, Type-III, CGO Complex
Poonkulam Trivandrum-695522.
109. Smt. Vijaya Lakshmi K (Aged about 55 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now CSO (Group 'A' Gaz Post)]
D/o Umesh Karkera
D/504, RNA Courtyard, Opp. Sector 8,
Shanti Nagar, Mira Road (E), Thane
110. Smt. Deepali P Deshpande (Aged about 46 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
D/o Prashant Deshpande
House GR. Flr. on Shree-Chandramani SOC
Mahatma Phule Road, Dombivali (W)
111. Shri Sunil C Karve (Aged about 51 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Late Shri Chandrakant K Karve
205, Maahiri Appt., Behind Dhanhari Appt.
Near Mashal Chowk, Nani Daman-396210.
18
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112. Smt. Parinita Chaudhari (Aged about 41 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
D/o Shri Ramesh Chaudhari
103, Vijay Appt., Near RTO Office
Nani Daman-396210.
113. Shri S B Mane (Aged about 59 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Late Baburao R Mane
427/26, Sector-4, Charkop Kandivali
Mumbai-400067.
114. Smt. Asha Yadav (Aged about 55 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
W/o Late Shri RA Yadav
B-302, Paratik Hormony, Road Pali
Kharghar, Sector 20
Navi Mumbai-410219.
115. Smt. V. Ambili (Aged about 44 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
W/o Shri Balasubramanyan
P-6, Bldg. No.17, Room No.5
Shantivan Appt., New Panvel
Navi Mumbai-410206.
116. Bharat Yadav (Aged about 48 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now CSO (Group 'A' Gaz Post)]
S/o Late Jagnarayan Yadav
13/4 GH Type, Sec 20
Gandhinagar, Gujarat.
117. Mantosh Kumar Roy (Aged about 34 Yrs.)
[PA (Group 'B' Non Gaz Post)]
S/o Nathuni Roy
Qtr. No. 32/3, Sector 28, Gandhinagar
Gujarat-382028.
19
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118. Harshad Parmar (Aged about 44 Yrs.)
[FormerPA (Group 'B' Non Gaz Post)
And now PS (Group 'B' Gaz Post)]
S/o Soma Bhai
CGRHQ (NW) Udyog Bhawan,
Gandhinagar, Gujarat-382010.
119. Nilesh Mansata (Aged about 44 Yrs.)
[Former Assistant (Group 'B' Non Gaz Post)
And now SO (Group 'B' Gaz Post)]
S/o Shri Chhotalal J Mansata
133-A, Royal Arcade Society
Opp. Madhwani College, Porbandar, Gujarat.
120. Manish Parek (Aged about 42 Yrs.)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Ashwin Kumar Parekh
B-2, Trilok Krupa Complex, Chhaya Main Road
Near Overhead Tank, Above Aadhar Mall
Chhaya, Porbandar, Gujarat.
121. Mori Visa M (Aged About 45 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri Mandabhai J Mori
Chhaya Plot, Chhaya Road, Bavisiyu Krupa,
Opp. Dr. Chauhan Clinic, Porbandar, Gujarat
122. Rajesh Jagdish Lade (Aged About 55 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Jagdish Lade
Qtr No P-45/1, Coast Guard Enclave
Okha Port Okha Distt Devbhumi Dwarka
123. Bijeyata Kumari (Aged About 34 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Birendra Kumar
7/31 CGRA Mogappair West, Chennai-600037
124. Vijay Kumar Jha (Aged About 34 Years)
[Former Assistant (Group 'B' Non Gaz Post)
20
Item No. 60/Court-4
O.A. No. 1707/2019
And Now SO (Group 'B' Gaz Post)]
S/o Anand Jha,
Flat No. G-3, Plot C-72 10th Cross Street Hindu Colony
Nanganallur, Chennai-61
125. Anupam Kumar (Aged About 30 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Chhote Lal Quarter No. 61/8, CPWD Quarters
Thirumangalam Chennai
126. A Pushpa Rani (Aged About 50 Years)
[Assistant (Group 'B' Non Gaz Post)]
D/o A Arulanandam
10/9, Ragamalika Cgra Mogappair (W) Chennai
127. N Nusarath Parween (Aged About 43 Years)
[Assistant (Group 'B' Non Gaz Post)]
S/o C Md Nasiruddin
28/A, Ground Floor Thillai Nagar,
3rd Cross Street, Kolathur, Chennai
128. A Lakshmi (Aged About 48 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Late D Shanmugan
Old No 4, New No. 13, Krishna Flat,
Jayaraman Street, Paravanthangal
Chennai-114
129. MN Lalitha (Aged About 47 Years)
[Assistant (Group 'B' Non Gaz Post)
D/o KS Sivakumar
9/170-A G-3 Flat, Ganesh Enclave,
Rajeshwari Nagar, 2nd Street, Pozhichalur, Chennai
130. TN Hemalata (Aged About 44 Years)
[Assistant (Group 'B' Non Gaz Post)]
D/o S Thillainayagam
193, Akshaya Flats, Sree Sayee Nagar, III Main Road,
Virugambakkam, Chennai-600 092
21
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131. M Venkalaramani (Aged About 51 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o AV Mallikarjunan
Sunrise Apartments
H-7/6, Thiruvallur Nagar Second Avenue,
Thiruvanmiyur, Chennai 600041
132. Anuradha Sivakumar (Aged About 47 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
D/o Late A Srinivasan
No 154, Fourth Street
Kamaraj Nagar, Avadi, Chennai 600071
133. P Sumathi (Aged About 46 Years)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
D/o Late PG Purushothaman
No.24 Third Street Anna Nagar
Pattabiram, Chennai 600072
134. PV Raju (Aged About 56 Years)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Late VG Pappy
No.10 LDN Chari Street Ganapathipuram
Chrompet, Chennai 600044
135. Rajalaxmi (Aged About 25 Years)
[PA (Group 'B' Non Gaz Post)]
D/o S Manavazhagan
1/176, 25th Street Muthamizh Nagar
Kodunaigur, Chennaiι 600118
136. Shakti Velu (Aged About 52 Years)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
D/o Late R Thanga Velu
No.35A, Amaze Green Park Arungal Village
Urapakkam-603202
22
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137. M Lakshmi Chitra (Aged About 44 Years)
[PA (Group 'B' Non Gaz Post)]
D/o M Murugan
No.21, I'C' 15th Cross BK Nagar
Yeshwanthpur, Bangalore-560022
138. V Sivasankaram (Aged About 44 Years)
[PA (Group 'B' Non Gaz Post)]
S/o Late PSN Nair
17/9 Chozhan Flat No.2
Odai Street Radhanagar Chrompet
Chennai-600045
139. N Vijay Kumar (Aged About 50 Years)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o Nallipogu Josepη
No.14, Fourth Street Asirvadhapuram,
Demellows Road, Cheνναι 600012
140. K Jeevan (Aged About 54 Years)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
S/o K Ramarao
C-3 Balaji Apartment,
7th Avenue Cross Street
Banu Nagar, Ambuttur, Chennai-600053
141. A Vivekanandan (Aged About 48 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post]
S/o T Arumugam,
Coast Guard District Hq No 16,
Harbour Estate, Tuticorin-628004
142. Sanjay Paswan (Aged About 36 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Tapeshwar Paswan
House No. 7, 4th Cross Street,
Pothigai Nagar, Lawspet,
Puducherry, Pin-605008
23
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143. Vinod Kumar Gupta (Aged About 38 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Vikrama Prasad,
Gomathi Building New CGRA,
Maraikayarpattam Post,
Near Mandapam Camp,
Ramnad Dist, Tamil Nadu.
144. Y Sivakumari (Aged About 45 Years)
[Assistant (Group 'B' Non Gaz Post)]
D/o P Mallikarjun
8-165, A/2, Opposite to Sai Sudha Tower
Rajeev Nagar, Ongole Prakasam Dist, AP.
145. P Rama Krishna (Aged About 47 Years)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o P Appa Rao
D.No.53-25-25 Chaitanya Nagar
Maddilapalem Visakhapatnam,
Andhra Pradesh, Pincode-530013
146. T Vijaya Bhanu (Aged About 42 Years)
[Assistant (Group 'B' Non Gaz Post)]
D/o Late Shri T Appalaraju
D.No.6-14-3, Surya Enclave,
East Point Colony Visakhapatnam,
Andhra Pradesh Pincode-530017
147. Seema Sharma (Aged About 46 Years)
[Assistant (Group 'B' Non Gaz Post)]
D/o Late Shri Rampakash Bagga
C-2/1, Coast Guard Residential Area,
Malkapuram, Visakhapatnam,
Andhra Pradesh Pincode-530011
148. K Suryanarayana (Aged About 45 Years)
[Assistant (Group 'B' Non Gaz Post)]
S/o Yerrinaidu
24
Item No. 60/Court-4
O.A. No. 1707/2019
D.No. 17-25/1, Simhagiri Nagar,
Pendurthy, Visakhapatnam,
Andhra Pradesh-531173
149. S Anuradha (Aged About 41 Years)
[Assistant (Group 'B' Non Gaz Post)]
D/o S Ch Sanyasi Rao
D No. 49-11-7, Lalitha Nagar
Visakhapatnam-530016
150. Yagnapal Challa (Aged About 45 Years)
[PA (Group 'B' Non Gaz Post)]
S/o Ch Raghurama Chandra Moorthy
Ribu Sadan, Bhagavathinada PO,
Thiruvananthapuram, Kerala 6966010
151. IR Ribu (Aged About 40 Years)
[PA (Group 'B' Non Gaz Post)]
S/o Late Ramaswamy NN
Ribu Sadan, Bhagavathinada PO,
Thiruvananthapuram,
Kerala-6966010
152. Shri Arun Kumar (Aged About 37 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Jawahar Singh
AF-59, CPWD Qtr Salt Lake
Sector-1, Kolkata-700064
153. Shri Binay Kumar (Aged About 34 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Surya Deoyadav
AF-57, CPWD Qtr Salt Lake
Sector-1, Kolkata-700064
154. Anu Datta (Aged About 41 Yrs)
[Former PA (Group 'B' Non Gaz Post)
And Now PS (Group 'B' Gaz Post)]
D/o Late Tarun Chandra Dutta
25
Item No. 60/Court-4
O.A. No. 1707/2019
18 A.A.Pai Road, P.O-Belgharia,
Kolkata-700056
155. PK Ghosh (Aged About 40 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Late Prasad Kumar Ghosh
5/1 Babutala Road Dumdum Nagarbazar,
Kolkata-700074
156. Priya Sahu (Aged About 34 Yrs)
[PA (Group 'B' Non Gaz Post)]
D/o Late Jamuna Prasad Sahu
New Jhilmil Park, Tarunsangha Club,
PS Kolkata
157. Shri Alok Kr Roy (Aged About 40 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)
And Now SO (Group 'B' Gaz Post)]
S/o Shri Lagan Deo Roy
Mithapurgouriya Math, Azij Road,
Patna-1, Bihar
158. Smt. Soma Karmakar (Aged About 42 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
D/o Shrinirmalendu Das
Sankhini Apartment, Kamini Block
A/3rd Floor, Haldia Township
Purbamedinipur-721607.
159. K Vijay Kumar (Aged About 48 Yrs)
[Assistant (Group 'B' Non Gaz Post)]
S/o Shri K Chantiyya
PPT Qtr. MA-381, Madhuban
Paradip-754142.
160. Shri Lali Choudhary (Aged About 33 Yrs)
[PA (Group 'B' Non Gaz Post)]
S/o Loungi Choudhary
E-84, Pappankala Phase-II
Dwarka, Sector-3,
New Delhi-110078.
26
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161. Shri Bishnu Prasad Das(Aged About 60 Yrs)
[Former Assistant (Group 'B' Non Gaz Post)]
And now CSO (Group 'A' Gaz Post) (Retd.)
S/o Late K Mohan Das
D-13, Jangpura, New Delhi.
..Applicants
(By Advocate: Mr. Amit Anand)
Versus
1. Union of India
Through its Secretary
Ministry of Finance
(Department of Expenditure)
North Block, New Delhi
2. Secretary
Ministry of Defence
South Block, New Delhi.
3. Director General
Indian Coast Guard
National Stadium Complex
New Delhi.
...Respondents
(By Advocate: Mr. U. Srivastava with Mr. Anoop Kumar)
27
Item No. 60/Court-4
O.A. No. 1707/2019
ORDER
Hon'ble Dr. Anand S. Khati, Member (A) The present O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-
"(i) hold that the OM No.10(10)/E.IIIB/2016 dated 09.01.2019 issued by Respondent No.1 as discriminatory, arbitrary, nonest and set aside/strike down as not binding on the Applicants,
(ii) Direct the Respondents to give to the Applicants (Private Secretaries) Grade pay of Rs. 4800/- in PB-2 and Grade Pay of Rs.5400/- in PB-3 on completion of four years of service as per the provisions of Part-B, Section-II, Serial No. (1) of CCS (RP) Rules, 2008 w.e.f. 01.01.2006 with consequential pay fixation benefits at par with Private Secretaries of CCS/AFHQ and the benefits of arrears accrued as per their respective entitlements;
(iii) direct the Respondents to give to the Applicants (Assistants/Personal Assistants) Grade pay of Rs. 4600/-
in PB-2 as per the provisions of Part-B, Section-II, Serial No. (1) of CCS (RP) Rules, 2008 w.e.f. 01.01.2006 with consequential pay fixation benefits at par with Assistant/Personal Assistant of CCS/AFHQ and the benefits of arrears accrued as per their respective entitlements;
(iv) quash and set aside the order dated 09.01.2019 rejecting the claim of the applicants;
(v) treat the services of the applicants rendered in the pre- revised scale (5th CPC scale) as qualifying service for pay fixation and other consequential benefits pursuant to the quashing of the communication dated 09.01.2019; and
(vi) any other order that this Hon'ble Tribunal may deem fit and proper in the facts of the case."
2. Learned counsel for the applicants submitted that the applicants are working as Assistants, Personal Assistants (PAs) 28 Item No. 60/Court-4 O.A. No. 1707/2019 and Private Secretaries (PSs) under the Respondent No.3 - Indian Coast Guard. He drew historical parity qua Armed Forces and similarly situated persons, and submitted that the applicants are governed by the same Recruitment Rules (RRs) and performing the same nature of duties. In support of his arguments, the learned counsel for the applicants has relied upon the decision rendered by the Hon'ble High Court in W.P.(C) No.116/2013 dated 06.09.2013 in the matter of Sh. Kaushik Paik and Ors.
vs Union of India and Ors.
3. It is the case of the applicants that the feeder cadre has not been granted the pay parity at par with those in AFHQ. Learned counsel for the applicants also submitted that there is an element of direct recruitment for which historical parity has also been pointed out. A detailed synopsis has been placed on record by the learned counsel for the applicants relying upon various case laws, more specifically, the decision rendered by the Hon'ble Supreme Court in Civil Appeal No.1663 of 2016 in the matter of Union of India & Ors. vs D.G.O.F. Employees Association and Anr.
4. Opposing the grant of relief, learned counsel for the respondents, placing reliance upon the counter affidavit, averred that the applicants in the instant O.A. include Indian Coast Guard employees who were holding the post of Assistant, Personal Assistant (PA) and Private Secretary (PS) at the time of 29 Item No. 60/Court-4 O.A. No. 1707/2019 implementation of the 6th Central Pay Commission recommendations on 01.01.2006 and also those who have became Assistant, PA and PS after 01.01.2006. On implementation of 6th CPC recommendations w.e.f. 01.01.2006, the Ministry of Finance (MoF), Department of Expenditure (DoE) had extended the pay structure of grade pay (GP) of Rs. 4800/-, PB-2 and GP of Rs. 5400/- in PB-3 on completion of 04 years of regular service to Private Secretary (PS) and GP of Rs. 4600/- in the PB-2 to Assistants belonging to Central Secretariat Service (CSS), Armed Forces Headquarters Service (AFHQS), Indian Foreign Service 'B' & Railway Board Secretariat Service and Personal Assistants (PAs) in their counterpart Stenographer Services and such organizations/ services which have a historical parity with CSS. A different pay structure have been recommended for the office staff working in organisations outside the Secretariat and, accordingly, the CGDA fixed the pay of the Assistant/PA and SO/PS of Indian Coast Guard in Rs.
4200/- and Rs.4600/- (both in PB-2), respectively. A case was taken up with MoD/MoF for grant of grade pay to SO and PS of Indian Coast Guard at par with their counterparts in AFHQ/CSS, which was turned down by MoF (DoE) vide their U.O. No. 10(2)/E-III(B)/11 dated 14.01.2011 (Annexure R-1).
4.1 He further averred that the Section Officers of Indian Coast Guard approached the Hon'ble Tribunal by filing O.A. No. 30 Item No. 60/Court-4 O.A. No. 1707/2019 3778/2011 seeking redressal of their grievance, which was dismissed vide Order dated 11.10.2012 (Annexure R-2). On appeal of aggrieved Section Officers of Indian Coast Guard, Hon'ble Delhi High Court has granted grade pay to the Section Officers of Indian Coast Guard at par with their counterparts in AFHQ on the basis of historical parity with AFHQ and MoD vide letter CP/0451/KP/271/2015/D(CG) dated 15.05.2015 (Annexure R-3) issued the necessary directives in this regard. Accordingly, the pay of SOs of Indian Coast Guard has been upgraded at par with their counterparts in AFHQ/CSS.
4.2 The case was taken up with MoD on 07.09.2015 for grant of higher Grade Pay to PS, PA & Assistants of Indian Coast Guard at par with their counterparts in AFHQ service on the basis of historical parity. However, the MoD had returned the proposal to CGHQ on 03.09.2019 conveying disagreement of the MoF vide their U.O. No. 10(10)/E.III B/2016 dated 26.08.2019 (Annexure R-4) regarding grant of higher grade pay to PS, PA and Assistants of ICG w.e.f. 01.01.2006 at par with their counterparts in AFHQ.
The justification rendered by the MoF for not granting the enhanced grade pay to PS/PA & Assistant of ICG is as under:
"NON-CONCURRENCE FOR GRANT OF ENHANCED PAY TO PS OF ICG
(a) The Section Officers of CGO have been granted higher grade pay with those in AFHQ on the basis of a court pronouncement (Delhi High Court's order dated 06 Sep 2013). Further, the Central Pay Commissions have treated 31 Item No. 60/Court-4 O.A. No. 1707/2019 separately Headquarter Organization and Non-Secretariat Organization. There is a difference in functional relevance of Headquarter Organizations and Non-Secretariat Organization. In addition to it, the pay scale for a particular post does not merely depend upon the recruitment qualifications and recruitment through same examination, but more importantly reflect the nature of functions associated with the post. The above factors are not applicable in this case and as such it is not possible to agree to the proposal.
(b) The non functional scale of Rs.8000-13500 to Private Secretaries (Grade 'A' & 'B' (Merged) of Central Secretariat Stenographer Service (CSSS) and those to Section Officers in CSS were granted vide order No. 1 0/3/2004-CS.II dated 24.06.2005 by DoPT as a part of Cadre restructuring on the basis of recommendations of group of officers. These pay scales are not automatically applicable in other organizations like CGO.
(c) As per Part B of the CCS (RP) Rules, 2008, the SO/PSs equivalent in the Secretariat has been extended the NFSG pay scale in the GP of Rs. 5400/- in PB-3 after completion of 4 years of service. This shall be available only in such of those organization/ services which were on the same level vis-a-vis recruitment/qualification/placement/nature of work etc with CSS/CSSS services like AFHQSS/RBSS and Ministerial/Secretarial posts in Ministries/Departments/ Organizations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC etc. This is as per the recommendations of 6th CPC."
NON-CONCURRENCE FOR GRANT OF ENHANCED PAY TO ASSISTANT, PA OF ICG.
The MoF has remarked that if the proposal of Coast Guard Organisation as regards to grant of grade pay of Rs. 4600/- in PB-2 to Assistants and Personal Assistant (PA) is concurred, it would have wider repercussion. They have further mentioned that similar requests received from Asst/PA of Non-Secretariat Offices have not been agreed to due to the following reasons:
"(i) While the pre-revised pay scale of Rs. 5000-8000, Rs.
5500-9000 and Rs. 6500-10500 has all been merged in the common grade pay of Rs. 4200/- leading to grant of grade pay of Rs. 4200/- to Assistants in Secretarial (Pre-revised pay scale of Rs. 6500-10500) and also to Assistants in field offices (pre-revised pay scale of Rs. 5000-8000 and Rs. 5500-9000), a need was felt based on a larger number of references from administrative Ministries/Departments to upgrade the posts which were in the pre-revised pay scale of Rs. 6500-10500 by granting them the grade of Rs. 4600/-. Based on this, orders were issued vide OM No. 1/1/2008-IC dated 13 Nov 2009 to place the posts which were in the pre- revised pay scale of Rs. 6500-10500 in the grade pay of Rs.
32Item No. 60/Court-4 O.A. No. 1707/2019 4600/-. Accordingly, the posts which were in the pre- revised pay scale of Rs. 6500-10500 were taken out from the group of three pay scales of Rs. 5000-8000, Rs. 5500- 9000 & Rs. 6500-10500, as earlier clubbed in the common grade pay of Rs. 4200/- and placed in a different category corresponding to the pre-revised pay scale of Rs. 7450- 11500 and given grade pay of Rs. 4600/-. This decision is also applicable in the case of field offices in respect of posts which were in the pre-revised pay scale of Rs. 6500-10500 but not in case of those posts which were not in this pre- revised pay scale.
(ii) The recommendations of 6th CPC as contained in the Chapter 3.1 of its report, relating to pay scales for posts in the Headquarters (CSS) and the office staff in field offices, is to be seen in the light of the overall scheme of the recommendations of the 6th CPC not only in Chapter 3.1 but also in the light of the recommendations contained in the Para 2.2.21 (v) where the Commission recommended for merger of pre-revised pay scales of .Rs. 5000-8000, Rs. 5500-9000 and Rs. 6500-10500 in the common GP of Rs. 4200/-. In this Para, the Commission has specifically observed that some posts which presently constitute feeder and promotion grade shall come to lie in an identical grade and, hence, observed that it has given specific recommendations about some categories of these posts in the report.
(iii) Accordingly, if seen in the totality of the factors and circumstances, it emerges that while the pay scales of Rs. 5000-8000 and Rs. 5500-9000 were placed in one category, those of Rs. 6500-10500 & Rs. 7450-11500 were placed in a different category. After the implementation of 6th CPC and as per Department of Expenditure's OM dated 13.11.2009, it is clear that the posts which were in the pre- revised scale of Rs. 6500-10500 and which were granted normal replacement pay structure of Rs. 4200 grade pay are eligible for grant of grade pay of Rs. 4600. Further, as per OM dated 16.11.2009, this dispensation of grade pay of Rs. 4600/- in PB-2 was extended exclusively to Assistants/PAs of all four headquarters i.e. CSS, AFHQ, IFS "B" and Railway Board Secretariat Service and their counterpart Stenographer Services. Therefore, the benefit of the said OMs cannot be extended to the post of Assistants/ PAs in Coast Guard."
5. A sur-rejoinder has also been filed on behalf of the respondents. Learned counsel for the respondents relied upon para 2 of the same, which reads as under:
33Item No. 60/Court-4 O.A. No. 1707/2019 "It is submitted that the answering Respondents admit to averments those are matter of record. It is submitted that the Hon'ble Delhi High Court vide its order dated 06 Sep 2013 has granted enhanced Grade pay to the Section Officers of ICG at par with their counterparts in the AFHQ on the basis of parity. The said order delved into the granting of enhanced Grade pay only to Section Officers of ICG at par with Central Secretariat Services. However, as the PS, PA and Assistant of CGO were not parties in the said court case, the grant of enhanced Grade pay to the applicants cannot be extended automatically to PS, PA and Assistants of CGO."
6. Heard the learned counsel for the respective parties at length and perused the pleadings/judgments placed on record.
7. From a perusal of the record, it is evident that as per the Recruitment Rules, the Section Officers and Private Secretaries in Indian Coast Guard are classified as General Service Group 'B' Gazetted, Ministerial and having historical parity upto the 5th CPC. However, the 6th CPC treated separately the AFHQ and Indian Coast Guard Non-Secretariat Organization regarding issue of grant of enhanced grade pay. Earlier the Section Officers of Coast Guard Organisation filed O.A. No.3778/2011 seeking grant of Grade Pay at par with AFHQ, which was dismissed by this Tribunal vide Order dated 16.10.2012 stating that they are not at par with AFHQ and Coast Guard Organisation is not a Secretarial Organisation. Challenging the aforesaid order of this Tribunal, they approached the Hon'ble High Court of Delhi by filing WP(C) No. 116 of 2013, titled Kaushik Paik & Ors. vs Union of India & Ors.
34Item No. 60/Court-4 O.A. No. 1707/2019
8. While adjudicating the subject issue in WP(C) No.116 of 2013 filed by the Section Officers of Coast Guard Organisation, the Hon'ble High Court of Delhi allowed their claim vide Judgment dated 06.09.2013. For better appreciation, the same is extracted verbatim as below :-
"We have heard learned counsel for the parties.
2. The petitioners had approached the Tribunal for a direction to grant them grade pay of Rs.4800 (PB-2) and Rs.5400/- (PB-3) upon completion of four years as per the provisions of part-B Section II, serial No.1(1) of CCS (RP) Rules, 2008 w.e.f. 1st January, 2006.
The petitioners are working in Indian Coast Guard Organization which was established in the year 1977 by virtue of a decision of the Central Government. The said organisation was to have its own regular composite cadre of civilians for the headquarters and lower formations of employees. Till this end was achieved, the Government was to induct suitable persons on deputation from other Central Government Cadres. The Coast Guard used to resort to direct recruitment in the post of LDC, Assistant and Stenographers, Grade-D.
3. The petitioners have relied upon the hierarchy of posts and a pay structure that existed from time to time in view of recommendations of 3rd, 4th and 5th Pay Commissions. This has been disclosed in the form of tables sharing parity. The same is extracted below for convenience :-
Promotion and Equivalent Equivalent Promotion Feeder Grade in Promotion and and Feeder Grade in CGO Feeder Grade in CSS AFHQ SCSO DS JD ↑ ↑ ↑ CSO US DD ↑ ↑ ↑ SO SO SO ↑ ↑ ↑ Assistant Assistant Assistant ↑ ↑ ↑ UDC UDC UDC ↑ ↑ ↑ LDC LDC LDC 35 Item No. 60/Court-4 O.A. No. 1707/2019
4. The grievance by the petitioners in the proceedings before CAT was that the parity which existed between a Section Officer in the Coast Guard of the two different groups, i.e. PB-2 and PB- 3 with other similarly placed officials in the Central Secretariat Services and Armed Forces Headquarters, was sought to be denied by the respondents. It was argued before the CAT that this denial of parity was arbitrary and not based on any rationale. In support of their submissions, the petitioners relied upon the Recruitment Rules and the staffing pattern in the Coast Guard as compared with the other organisations which contain a similar hierarchy of civilian posts.
5. The Tribunal heard the matter. Since the respondents resisted the petitioner's claim, it relied upon its previous ruling in OA no.143/2004 decided by the Lucknow Bench on 10.10.2011. The following extracts of the Tribunal's order are reproduced below:-
"5. Respondents have also relied upon the order dated 10.10.2011 in OA no.143/2004 decided by the Lucknow Bench of the Central Administrative Tribunal, which held as follows:-
"Parity cannot be claimed merely on the basis that earlier the subject post and the reference category posts were carrying the same scale of pay. The Pay Commission has two functions: to revise the existing pay scale, by recommending revised pay scales corresponding to the pre-
revised pay scales and, secondly, make recommendations for upgrading or downgrading posts resulting in higher pay scales or lower pay scales, depending upon the nature of duties and functions attached to those posts. Thus one of the functions of the pay than what was earlier being enjoyed with reference to their duties and responsibilities, and extend such higher scale to those categories of posts. One post which is considered as having a lesser pay scale may be assigned a higher pay scale and another post which is considered as having a lesser pay scale may be assigned a higher pay scale and another post which is considered to have a proper pay scale may merely be assigned the corresponding revised pay scale but not any higher pay scale. Therefore, the mere fact that at an earlier point of time, two posts were carrying the same pay scale does not mean that after the implementation of revision in pay scales, they should necessarily have the same revised pay scale. The benefit of higher pay scale can only be claimed by establishing that holders of the subject post and holders of reference category posts, discharge duties and functions identical with, or similar to, each 36 Item No. 60/Court-4 O.A. No. 1707/2019 other and that the continuation of disparity is irrational and unjust."
Thereafter, without further examination of materials presented by it, the Tribunal rejected the submissions of the petitioners.
6. Ms. Jyoti Singh, learned senior counsel argues that the staffing pattern, the pay scale and the broad nature of duties and functions of the Section Officer at both levels - who claim the parity in the present case - are identical with those discharged by members of the Secretariat Service at a similar level as well as those in the Armed forces headquarters, placed at a similar level. It was argued that the recommendations of the Pay Commission, contrary to the assertions of the respondents, nowhere states that existing parity must be broken. In support of this argument, learned counsel relied upon the following extracts of the Commission's recommendations :-
"Recommendations:
3.1.9 Accordingly, the Commission recommends up-
gradation of the entry scale of Section Officers in all Secretariat Services (including CCS as well as non participating ministries/ departments/ organizations) to Rs.7500-12000 corresponding to the revised pay band PB 2 of Rs.8700-34800 along with grade pay of Rs.4800. Further, on par with the dispensation already available in CSS, the Section Officers in other Secretariat Offices, which have always had an established parity with CSS/CSSS, shall be extended the scale of Rs.8000-13500 in Group -B corresponding to the revised pay band PB 2 of Rs.8700-34800 along with grade pay of Rs.4800 on completion of four years service in the lower grade. This will ensure full parity between all Secretariat Offices. It is clarified that the pay band PB 2 of Rs.8700-34800 along with the grade pay of Rs.4800 is being recommended for the post of Section Officer in these services solely to maintain the existing relatives which were disturbed when the scale was extended only to the Section Officers in CSS. The grade carrying grade pay of Rs.4800 in pay band PB-2 is, otherwise, not to be treated as a regular grade and should not be extended to any other category of employees. These recommendations shall apply mutatis-mutandis to post of Private Secretary/ equivalent in these services as well. The structure of posts in Secretariat Offices would now be as under:-
37Item No. 60/Court-4 O.A. No. 1707/2019 Post Pre revised Corresponding pay scale revised pay band and grade pay LDC Rs.3050-4590 PB-1 of Rs.4860-
20200 along with
grade pay of Rs.1900
UDC Rs.4000-6000 PB-1 of Rs.4860-
20200 along with
grade pay of Rs.2400
Assistant Rs.6500-10500 PB-2 of Rs.8700-
34800 along with
grade pay of Rs.4200
Section Rs.7500-12000 PB-2 of Rs.8700-
Officer 34800 along with
grade pay of
Rs.4800.
Rs.8000-13500 PB-2 of Rs.8700-
(on completion 34800 along with
of four years) grade pay of
Rs.5400*
(on completion of
four years)
Under Rs.1000-15200 PB-2 of Rs.15600-
Secretary 39100 along with
grade pay of Rs.6100
Deputy Rs.12000-16500 PB-3 of Rs.15600-
Secretary 39100 along with
grade pay of Rs.6600
Director Rs.14300-18300 PB-3 of Rs.15600-
39100 along with
grade pay of Rs.7600
(*This scale shall be available only in such of those organisations/services which have a historical parity with CSS/CSSS. Services like AFHQSS/AFHQSSS/RBSS and Ministerial / Secretarial posts in Ministries/Departments organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSE, etc. would therefore be covered.)"
7. It was submitted that the above extracts of the Pay Commission recommendations in fact establish that existing parity could not be disturbed. In furtherance of the same argument, the learned senior counsel relied upon the extracts of the Rules framed pursuant to the recommendations/and even accepting it, under a proviso Article 309 of the Constitution in 2008. The relevant extract of the Central Civil Services (Revised Pay) Rules, 2008 are as below:-
"REVISED PAY SCALES FOR CERTAIN COMMON
CATEGORIES OF STAFF"
38
Item No. 60/Court-4
O.A. No. 1707/2019
Section I
(i) The revised pay structure mentioned in Column (5) and (6) of this part of the Notification for the posts mentioned in Column (2) have been approved by the Government. The initial fixation as on 1.1.2006 will be done in accordance with Note 2 below Rule 7 of this Notification.
(ii) On account of merger of pre-revised pay scales of Rs.5000- 8000, Rs.5500-9000 and Rs.6500-10500, some posts which presently constitute feeder and promotion grades will come to lie in an identical grade. The specific recommendations about some categories of these posts made by the Pay Commission are included Section II of Part B. As regards other posts, the posts in these three scales should be merged. In case it is not feasible to merge the posts in these pay scales on functional considerations, the posts in the scale of Rs.5000-8000 and Rs.5500-9000 should be merged, with the post in the scale of Rs.6500-10500 being upgraded to the next higher grade in pay band PB-2 i.e. to the grade pay of Rs.4600 corresponding to the pre-revised pay scale of Rs.7450-11500. In case a post already exists in the scale of Rs.7450-11500, the post being upgraded from the scale of Rs.6500-10500 should be merged with the post in the scale of Rs.7450-11500.
(iii) Posts in the scale of Rs.6500-10500 carrying minimum qualification of either Degree in Engineering or a Degree in Law should also be upgraded and placed in the scale of Rs.7450- 11500 corresponding to the revised pay band PB-2 of Rs.9300- 34800 along with grade pay of Rs.4600.
(iv) Posts of scientific staff in the scale of Rs.6500-10500 carrying minimum qualification of engineering degree or a post- graduate degree should also be upgraded and placed in the scale of Rs.7450-11500 corresponding to the revised pay band PB-2 of Rs.9300-34800 along with grade pay of Rs.4600.
(v) Upgradation as in (ii) above may be done in consultation with Department of Expenditure, Ministry of Finance. Regarding (iii) and (iv) above, upgradation may be done by the Ministries concerned in consultation with their Integrated Finance.
39Item No. 60/Court-4 O.A. No. 1707/2019
8. Learned counsel for the respondent submitted that the findings of CAT are un-exceptionable. It was argued that the Pay Commission recommendations, to maintain a difference in the pay band of those working in Secretariat services as compared with those in non-Secretariat services was real and consequently, Coast Guard officials working above the post of Assistant, cannot claim parity of pay scales with similar level of officials in the Secretariat Services as a matter of right. It was emphasised that mere historical parity could not efface existing disparities, wherever they were found. The learned counsel submitted in this regard the Pay Commission was alive to all the circumstances and had taken into account representations of 40 Item No. 60/Court-4 O.A. No. 1707/2019 concerned parties as well as the existing Rules before recommending that those working in non-Secretariat Services should not be given parity with those working in the Secretariat services.
9. This Court has carefully considered the submissions. It is evident from the relevant extracts of the Pay Commission's recommendations that even though the subsequent portion of its report (paragraphs i.e. 3.1.14 onwards) do mention that historical parity need not necessarily be protected yet the fact remains that the earlier portions i.e. para 3.1.9,which has been extracted in previously in this judgment, - had specifically carved out the services such as the Coast Guard as exceptions and maintained the pre existing parity with members of the Central Secretariat services and those in the armed forces headquarters. That this recommendation was indeed acted upon and Rules were appropriately amended to preserve the parity recommended by the Pay Commission, is evident from the Recruitment Rules 2008, Extracts of the CSS (Revised Pay) Rules, 2008 - made effective from 1st January, 2006 - clause (v) along with table extracted earlier, - lend force to the petitioner's submission that in fact parity which existed has been preserved under the Rules. Such being the case, the respondent's contention, which found favour in the impugned order, is unsupportable in law.
10. In addition to the above reasons, the Court also notices that the respondents position is further assailable by the fact that other non secretariat organisations such as Central Information Commission, Planning Commission, Central Reserve Police Force, Central Election Commission and the CAT itself had shown the readiness/willingness to provide for higher pay scales as has been sought for by the petitioners in this case. Indeed, similar officials, employees above the rank and status of 'Assistant including Section Officers' are not members of any Secretariat Services. In those organisations, the employees who do receive such higher pay (sought for by the petitioners here) are also equally members of non-secretariat services. The petitioners therefore cannot be discriminated. For this reason, the position taken by the respondent is found to be arbitrary.
11. In view of the above discussion, this Court is of the opinion that the impugned order of the CAT cannot be sustained and it is accordingly, set aside. The directions sought for by the petitioners in OA no.143/2004 are granted. The respondents are directed to make consequent orders of pay fixation and release the difference of pay and emoluments to the petitioners within six weeks from today. The writ petition is allowed in these terms. No order as to costs."
9. From a perusal of the above Judgment, it is evident that the Hon'ble High Court had examined the issue in great detail and 41 Item No. 60/Court-4 O.A. No. 1707/2019 rejected the contention of the respondents that the employees of Non-Secretariat Organisation cannot be given parity with those working in Secretariat Services, which was further affirmed by the Apex Court vide Order dated 03.03.2014 in Special Leave to Appeal (Civil) CC 3402/2014 filed by the respondents and also implemented by the respondents vide letter No.CP/0451/KP/271/2015/D(CG) dated 15.05.2015 (Annexure R-3) granting higher Grade Pay to the Section Officers of Indian Coast Guard at par with those in AFHQ/CSS with arrears w.e.f.
01.01.2006.
10. The applicants have also heavily relied upon the decision rendered by the Hon'ble Supreme Court in Civil Appeal No.1663 of 2016 preferred by the Respondents - Union of India and Others in the case of D.G.O.F. Employees Association & Anr. (supra) assailing the order dated 14.10.2014 passed by the Hon'ble High Court of Delhi, wherein while dismissing the appeal, the Apex Court held as under:
"13. Further, what was also taken into consideration by the High Court is the historical similarity in pay scales which existed prior to the recommendations in the Sixth CPC. Such historical similarity which had existed was taken note and, in that light, the pay scale which was applicable was taken into consideration and had accordingly arrived at the conclusion that the employees in the headquarters of the Ordnance Factories being similarly placed cannot be discriminated. Therefore, such consideration in the instant case would fall within the parameters as permitted by this Court. Also, in the present circumstance, the High Court has adverted to the fact situation and has thereby rectified the pay anomaly. In fact, the question of parity with regard to the pay scale to the Assistants in the lower formations in the Indian Navy with 42 Item No. 60/Court-4 O.A. No. 1707/2019 that of the Assistants in CSS was held as discriminatory and violative of Article 14 of the Constitution by this Court in the case of All India Naval Clerks Association and Others vs. Union of India and Others in Civil Appeal arising out of Special Leave Petition (Civil) No.29204 of 2019 dated 27.07.2022.
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 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."
11. Indubitably, the post of Private Secretary in Indian Coast Guard is analogous to the post of Section Officer having same scale of pay and there is no difference in nature of work to those in AFHQ/CSS and parity of pay scales was maintained since 3rd Central Pay Commission. This fact that the Coast Guard Civilian Services had the historical parity with those of AFHQ/CSS has also been endorsed by the Hon'ble High Court of Delhi in the aforesaid Judgment dated 06.09.2013 in the case of Sh.
Kaushik Paik & Ors. (supra). Keeping in view the categorical 43 Item No. 60/Court-4 O.A. No. 1707/2019 finding of the Hon'ble High Court in the aforesaid case, which has been affirmed by the Hon'ble Supreme Court, the present O.A. being squarely covered by the said Judgment, deserves to be allowed.
12. Accordingly, for the reasons discussed hereinabove, we allow the O.A. and quash the impugned order dated 09.01.2019.
It is held that the Private Secretaries in Indian Coast Guard shall be entitled for Grade Pay of Rs.4800/- in PB-2 and Grade Pay of Rs.5400/- in PB-3 on completion of 4 years service; and the feeder posts of Assistant and Personal Assistant shall be entitled for Grade Pay of Rs.4600/- in PB-2 w.e.f. 01.01.2006, at par with those in AFHQ/CSS, with other consequential benefits. The respondents are directed to pass appropriate orders regarding re-
fixation of pay of the applicants w.e.f. 01.01.2006, after satisfying other requirements/conditions under the Rules. However, following the decision of the Hon'ble Apex Court in the case of Union of India and others vs. Tarsem Singh, (2008) 8 SCC 648, the amount of arrears payable to the applicants shall be restricted from three years prior to the date of filing of this O.A., i.e. 28.05.2019. The respondents are further directed to release all admissible arrears accrued to the applicants within a period of three months from the date of receipt of a certified copy of this 44 Item No. 60/Court-4 O.A. No. 1707/2019 order. However, it is made clear that they shall not be entitled to any interest on such amount of arrears.
13. Pending MAs, if any, also stands disposed of. There shall be no order as to costs.
(Dr. Anand S. Khati) (Manish Garg)
Member (A) Member (J)
/jyoti/