Central Administrative Tribunal - Gauhati
Gajen Taye vs Central Silk Board, M/O Textiles on 2 June, 2023
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00286/2019
&
Original Application No.042/00238/2020
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
1. Gojen Taye, Junior Translator (Hindi)
S/o- Late Dighal Taye
R/o- House No. 18, L.K. Path, Habichuck
Chuckfanagar, P.O. & P.S.- Jorhat
Dist.- Jorhat (Assam)
Pin - 785001.
2. Shaik Ramthu Basha
Assistant Director (O.L)
S/o- Late Shaik, Khasim Vali
R/o- House No. 21, Reshamnagar
Guwahati- 781022.
...Applicants in OA.286/2019
By Advocates: Sri M. Chanda, Sri A Deb,
Sri S Z Rahman & Mr B Islam
- Vs-
1. The Union of India
Represented by the Secretary
Government of India, Ministry of
Textiles, Udyog Bhavan, New Delhi.
2. The Chairman,
Central Silk Board
OAs. 286/19 & 238/20
2
6th Floor, BTM Layout, Madiwala
Post, Bangalore - 560068.
3. The Member Secretary,
Central Silk Board, 6th Floor, BTM Layout,
Madiwala Post, Bangalore - 560068.
4. The Assistant Director (A&A),
Central Silk Board, 6th Floor, BTM
Layout, Madiwala Post
Bangalore - 560068.
5. The Director
Muga & Eri Research & Taining
Centre, Jorhat (Assam).
6. The Scientist D & Head
Muga Silkworm Seed Organization
Guwahati- 781022.
...Respondents in OA.286/2019.
By Advocate: Sri B Pathak
Wahengbam Manglem Devi
Senior Translator (Hindi)
W/O L. Iboyaima Singh
At Present- Chingmeirong Nongpok
Poumai Colony, Nearby Tasar Wall
Imphal East- (Manipur State) - 795010.
... Applicant in OA.238/2020
- Vs -
1. The Union of India
Represented by the Secretary
Government of India, Ministry of
Textiles, Udyog Bhavan, New Delhi.
OAs. 286/19 & 238/20
3
2. The Chairman,
Central Silk Board, 6th Floor, BTM Layout,
Madiwala Post, Bangalore - 560068.
3. The Member
Secretary, Central Silk Board
6th Floor, BTM Layout, Madiwala
Post, Bangalore - 560068.
4. The Assistant Director (A&A),
Central Silk Board, 6th Floor, BTM
Layout, Madiwala Post
Bangalore - 560068.
5. The Director
Muga & Eri Research & Taining
Centre, Jorhat (Assam).
6. The Scientist - D
Regional Sericultural Research
Station, Imphal, Manipur.
By Advocate: Sri B Pathak
Date of Hearing: 23.05.2023 Date of Order: .06.2023
ORDER
PER URMITA DATTA SEN, MEMBER (J):
Since both the OAs involve common question of facts and law, they are heard together and being disposed of by this common order.
OAs. 286/19 & 238/20 4
2. As the cause of action and the relief(s) sought for by the two applicants in OA.040/00286/2019 are similar, their prayer for joining together in the said OA is allowed under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987.
3. In OA.040/00286/2019, the applicants are seeking following relief(s):-
"8.a) That the Hon‟ble Tribunal be pleased to declare that the applicants are legally entitled to grade pay of Rs. 4800/- in the relevant pay band instead of grade pay of Rs. 4600/- w.e.f. 01.09.2008 on account of 1st MACP as well as legally entitled to benefit of grade pay of Rs. 5400/- instead of grade pay of Rs. 4800/- from the relevant date of their entitlement on account of 2nd MACP in the light of the decision rendered by the Hon‟ble CAT, Ernakulum Bench in O.A. No. 107/2011 (T.P. Leena Vs. Union of India and Ors.) which was further confirmed by the Hon‟ble High Court of Kerala as well as by the Hon‟ble Supreme Court of India.
8.b) That the Ld. Tribunal be pleased to direct the respondents to grant, 1st MACP to the applicant No. 1 in the grade pay of Rs. 4800/- in the relevant pay band instead of grade pay of Rs. 4600/- w.e.f. 01.09.2008, with a further direction upon the respondents to grant benefit of 2nd MACP in the grade pay of Rs. 5400/- in OAs. 286/19 & 238/20 5 the relevant pay band instead of grade pay of Rs. 4800/- w.e.f. 06.03.2015 with all consequential service benefit including arrear monetary benefit with 18% interest per annum in terms of the MACP scheme dated 19.05.2009, issued by the Government of India.
8.c) That the Ld. Tribunal be pleased to direct the respondents to grant 1st MACP to the applicant No. 2 in the grade pay of Rs. 4800/- in the relevant pay band instead of grade pay of Rs. 4600/- w.e.f. 01.09.2008, instead of 22.11.2011, with a further direction upon the respondents to grant benefit of 2 nd MACP in the grade pay Rs. 5400/- in the relevant pay band instead of grade pay of Rs.4800/- w.e.f. 22.11.2011, with all consequential benefit including arrear monetary benefit with 18% interest per annum in terms of the MACP scheme dated 19.05.2009, issued by the Government of India.
8.d) Pass such other order/orders as the Hon‟ble Tribunal deems fit and proper in the interest of justice."
In OA.042/00238/2020, the applicant has made the following prayer:-
"8.a) To declare that the applicants are legally entitled to grade pay of Rs. 4800/- in the relevant pay band instead of grade pay of Rs. 4600/- w.e.f. 01.09.2008 on account of 1st MACP as well as legally entitled to benefit of grade pay of Rs. 5400/- instead of grade pay of Rs. 4800/- from the relevant date of their entitlement on account of 2nd MACP in the light OAs. 286/19 & 238/20 6 of the decision rendered by the Hon‟ble CAT, Ernakulum Bench in O.A. No. 107/2011 (T.P. Leena Vs. Union of India and Ors.) which was further confirmed by the Hon‟ble High Court of Kerala as well as by the Hon‟ble Supreme Court of India;
8.b) To direct the respondents to grant, 1st MACP to the applicant in the grade pay of Rs.4800/- in the relevant pay band instead of grade pay of Rs. 4600/- w.e.f. 01.09.2008, with a further direction upon the respondents to grant benefit of 2nd MACP in the grade pay of Rs. 5400/- in the relevant pay band instead of grade pay of Rs. 4800/- w.e.f. 19.09.2014 with all consequential service benefit including arrear monetary benefit with 18% interest per annum in terms of the MACP scheme dated 19.05.2009, issued by the Government of India; and/or
8.c) Pass such other order/orders as the Hon‟ble Tribunal deems fit and proper in the interest of justice."
4. The facts, in brief, are that the applicant no.1 in OA.040/00286/2019 has been working as Junior Translator in the office of the CMER & TI, Jorhat whereas the applicant no.2 of OA.286/2019 has been working as Assistant Director (OL) in the office of the Muga & Eri Research & Training Centre, Guwahati. On the other hand, applicant in OA.238/2020 has been OAs. 286/19 & 238/20 7 working as Senior Translator in the office of the RSRS, Imphal, Manipur. Applicant no.1 in OA.286/2019 got 1st financial upgradation under ACP in the Pay Scale of R.5500-9000 after completion of 12 years of service w.e.f. 06.03.2007; the applicant no.2 in OA.286/2019 was promoted to the post of Sr. Translator in the Pay Scale of Rs.5500-9000 w.e.f. 22.11.2001, whereas the applicant in OA.238/2020 got the benefit of ACP in the Pay Scale of Rs.5500-9000/- on completion of 12 years of service w.e.f. 19.09.2006.
5. As per the applicants, pursuant to the recommendation of the 6th CPC, the Department of Expenditure, Ministry of Finance vide Memorandum dated 24.11.2008 followed by subsequent corrigendum vide OM dated 27.11.2008 revised the pay structure of the Official Language Cadre belonging to Central Secretariat Official Language Service (SOLS) as on 01.01.2006 w.e.f. 01.01.2006 as under:-
OAs. 286/19 & 238/20 8 Sl. Designation Recommended Pay Corresponding Grade no. Scale Pay Band Pay 1 Junior Translator Rs.6500-10,500 PB-2 Rs.4200 2 Senior Translator Rs.7450-11,500 PB-2 Rs.4600 3 Assistant Rs.8000-13.500 PB-2 Rs.5400 Director(O.L)
4. Deputy Rs.10,000-13,500 PB-3 Rs.6600 Director(O.L) 5 Joint Director(OL) Rs.12,000-16,500 PB-3 Rs.7600 6 Director (O.L) Rs.14,000-18,300 PB-3 Rs.8700 By the above OMs, it was instructed to all Ministries/Departments of the Government of India to grant the aforesaid revised pay scales to the similarly designated official Language posts existing in the subordinate offices also. Accordingly, vide letters dated 20.09.2020 and 13.10.2010 instructions were issued to place the Sr. Translator (Hindi) in the Grade Pay of Rs.4600/- in Pay Band @ Rs.9300-34800/- and Jr. Translator (Hindi) in the Grade Pay of Rs.4200/- in PB-2 Rs.9300-34800/- w.e.f. 01.01.2006. Consequently, applicant nos. 1 & 2 in OA.286/2019 were placed in the Grade Pay of Rs.4200/- and Rs.4600/- respectively w.e.f. 01.01.2006 whereas the applicant in OA.238/2020 OAs. 286/19 & 238/20 9 was placed in the Grade Pay of Rs.4200/- w.e.f.
01.01.2006. As a result, the financial upgradations or promotion earned earlier by the applicants were revised subsequently.
6. That the Government of India introduced MACP Scheme vide OM dated 19.05.2009 whereby it was decided to grant financial upgradations under the said Scheme at the intervals of 10, 20 and 30 years of continuous service. According to the applicants, applicant no.1 was granted 1st and 2nd financial upgradations in the Grade Pay of Rs.4600/- w.e.f.
01.09.2008 (later on it was changed to 06.03.2007) and in Grade Pay of Rs.4800/- w.e.f. 06.03.2015 respectively, whereas the applicant no.2 was granted 2nd financial upgradation to the Grade pay of Rs.4800/- w.e.f.
22.11.2011 as he had already got promotion to the post of Sr. Translator earlier in the Pay scale of Rs.5500-
9000/- (further revised to Rs.6500-10500/-) with Grade OAs. 286/19 & 238/20 10 Pay of Rs.4600/-. Similarly, applicant in OA.238/2020 was also granted benefits under MACP in the Grade Pay of Rs.4600/- w.e.f. 01.09.2008 (later on changed to as 19.09.2006) and further upgradation under MACP to Grade Pay of Rs.4800/- w.e.f.19.09.2014.
7. In the meantime, the Department of Expenditure, Ministry of Finance vide OM dated 13.11.2009 granted revised Grade Pay of Rs.4600/- in the Pay Band-2 to those posts which existed in the pre- revised scale of Rs.6500-10500 as on 01.01.2006 and which were earlier granted normal replacement Grade Pay of Rs.4200/-. The said order had already been implemented by the Directorate of Economic Science Services, Ministry of Home Affairs, to their staff w.e.f. 01.01.2006 vide OM dated 15.05.2017.
8. According to the applicants, as per the above, OM dated 13.11.2009, all the applicants were entitled to placed first at Grade Pay of Rs.4600/- w.e.f.
OAs. 286/19 & 238/20 11 01.01.2006, and, thereafter at Grade Pay of Rs.4800/- and Rs.5400/-due to financial upgradations under MACP on completion of their respective residency periods. The applicants had also submitted representations but to no avail.
9. Applicants have annexed various decisions of the Court in both the OAs and submitted that similarly situated counterparts of different departments having been denied of revised Grade Pay of Rs.4600/- w.e.f. 01.01.2006, approached various Benches of the Tribunal and their cases were allowed, and that the Full Bench orders of the Ernakulam Bench decided in favour of the similarly situated applicants therein were upheld by the Hon‟ble High Court of Kerala and also the Hon‟ble Supreme Court.
10. The respondents have contested the claim of the applicants by filing the written statement. According to the respondents, a proposal of pay OAs. 286/19 & 238/20 12 structure approved for Official Language posts of CSOLS and Subordinate Offices of Central Government to Official Language Staff of Central Silk Board was submitted to the Ministry for approval. However, the Ministry had approved to place the post of Senior Translator (Hindi) in the Grade Pay of Rs.4600/- in PB-II w.e.f. 01.01.2006 after having consulted with the Department of Expenditure and advised to fix their pay in the said Pay Band as per their Notification dated 29.08.2008. but in case of Junior Translator (Hindi), Ministry had informed that the post was in the pre- revised Pay Scale of Rs.5000-8000/- and as per Part A of CCS (RP) Rules, 2008, its replacement Pay Scale is PB-II with Grade Pay of Rs.4200/-.
11. According to the respondents, judgments of the CAT/Hon‟ble High Court and Hon‟ble Supreme Court as cited by the applicants are not applicable in the present cases as no instructions from the DoPT to OAs. 286/19 & 238/20 13 extend such pay scales to the Official Language Staff on grant of first financial upgradation and second financial upgradation under MACP Scheme. Respondents have averred that the DoPT vide OM dated 23.03.2020 informed all the Ministries and Departments of Govt of India that the Hon‟ble Supreme Court in Union of India & Ors vs M V Mohanan Nair, SLP(C) 21803/2014 held the Govt. policy that benefits under MACPs are to be granted in the standard hierarchy of Grade Pay/Pay Levels and not in the promotional hierarchy. Respondents have also submitted that in the relevant Recruitment Rules [Central Secretariat Official Language Service (Group „A‟ and Group „B‟), Recruitment Rules, 2015] the pay scales of the Junior Hindi Translator and Senior Hindi Translator have been prescribed as Rs.9300-34800 with Grade Pay of Rs.4200/- and Rs.9,300-34800 with Grade Pay of Rs.4600/- respectively, and therefore, the OAs. 286/19 & 238/20 14 financial upgradations granted to the applicants under MACPs are in order.
12. In the rejoinders filed in both the OAs, the applicants have stated that the issue "whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of OM dated 13.11.2009 or not" has already been decided affirmatively by the Coordinate Bench of Ernakulam Bench of this Tribunal in favour of the applicants therein vide order dated 14.10.2013 in OA.953/2012 & Another and the said decision was upheld by the Hon‟ble High Court of Kerala in its judgment dated 01.04.2015 in OP(CAT) No.142/2014 and also the Hon‟ble Supreme Court. Therefore, the present applicants are also entitled to similar treatment.
13. We have heard Sri M. Chanda, learned counsel for the applicants in both the OAs and Sri B OAs. 286/19 & 238/20 15 Pathak, learned counsel for the respondent nos.2 to 6, perused the materials placed on record.
14. On perusal of the records it appears that the pay scales as revised by the Department of Expenditure, Ministry of Finance vide Memorandum dated 24.11.2008 followed by subsequent corrigendum vide OM dated 27.11.2008 in respect of the Official Language Cadre belonging to Central Secretariat Official Language Service (SOLS) w.e.f. 01.01.2006 have already been implemented in respect of the Official Language Staff of the Central Silk Board also which are evident from the fact that applicant no.1 in OA.286/2019 being Jr. Hindi Translator was granted Grade Pay of Rs.4200/-, applicant no.2 in OA.286/2019 was promoted to the post of Assistant Director (OL) in the Grade Pay of Rs.5400/- and applicant no.1 in OA.238/2020 being Jr. Hindi Translator was granted Grade Pay of Rs.4200/-. However, their grievance OAs. 286/19 & 238/20 16 remains that pursuant to Department of Expenditure, Ministry of Finance OM dated 13.11.2009, the respondents have not revised the pay scale of the applicants in the post of Jr. Translator with Grade Pay of Rs.4600/- w.e.f. 01.01.2006.
15. We have gone through the decisions annexed with the OAs and found that the issue had already been dealt with by the Tribunal which was confirmed by the Hon‟ble High Court and also the Hon‟ble Supreme Court. The Full Bench of the Ernakulam Bench had the occasion to decide the following issue in OA No.953/2012 & 656/2012:-
"Whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of OM dated 13.11.2009 or not."
While deciding the above issue, the Ernakulam Bench vide its order dated 14.10.2013, discussed in detail, the OAs. 286/19 & 238/20 17 order dated 27.09.2011 passed in OA.107/2011 and passed the following orders:-
"15. Thus as already referred, in para-8 of the order, the Division Bench framed the issue as to whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of OM dated 13.11.2009 or not.
16. Thus, the Division Bench observed in para-15, that it is erroneous to contend in the absence of a declaration by the Coordinate Bench, that it had decided or explain the issue of granting the grade pay of Rs.4600/- to JHT in OA No. 107/11 and again the Division Bench observed in para-17 of the order that the facts and issues being different, the OAs are not similar and the reliance of the applicants on the decision in OA No. 107/2011 or 675/2005 is misplaced.
Thus, when the opinion of the Division Bench was that the issue with regard to the applicability of grade pay of Rs.4600/- to JHTs on the basis of OM dated 13.11.2009 was not decided in OA 107/2011 and when the issue raised in the present OAs 656/2012 and 953/2012 is different, that is applicability of the same (whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of OM dated 13.11.2009 or not ), the Hon'ble Division Bench could have taken a view.
17. In the judgment in OA 107/2011, para-11 would show that the pay scale of Rs.7450 - 11,500 is replaced by the Revised pay scale (PB-
OAs. 286/19 & 238/20 18
2) of Rs.9300-34,800/- with a grade pay of Rs.4600/- ie with reference to the JHTs. In para-
12 of the same judgment it was observed by the Division Bench, that "And since, the grade pay the applicant was drawing was Rs.4600/- ......." In para-14 of the same judgment the Division Bench observed that "It is at a very late stage ie w.e.f. 01.01.2006 that the pay scale of Junior Hindi Translator was revised to Rs.7450- 11,500/- and the grade pay attached to the same is Rs.4600/- as per the aforesaid First Schedule"
18. Thus, in OA 107/2011 there is specific finding with regard to JHTs grade pay being Rs.4600/-. No doubt as observed by the Hon'ble Division Bench in OAs 656/2012 and 953/2012, in OA 107/2011 there was no substantial focus on the question of JHTs being entitled for the grade pay of Rs.4600/- and as observed that question was not the bone of contention, but still there was finding to the extent that JHTs are entitled for Grade Pay of Rs.4600/- with effect from 1-1- 2006.
19. The above decision of the Division Bench in OA 107/2011 was confirmed by the Hon'ble High Court of Kerala in OP(CAT) No. 467/2012. In the concluding portion of para-5 of the judgment, the Hon'ble High Court observed that "As per Annexure A5 office memorandum dated 13.11.2009, the pay scale of Rs.6500- 10500 with grade pay of Rs.4200/- was revised to 7450-11500 w.e.f. 1.1.2006 and the grade pay was enhanced to Rs.4600/-" In para-11 of the judgment the Hon'ble High Court observed that the contention of the petitioner was that the Tribunal ought not to have found that the pay scale of Junior Hindi Translator was revised to Rs.7450-11500 w.e.f. 1.1.2006 because the said OAs. 286/19 & 238/20 19 scale is attached to the post of Senior Hindi Translator and not to the post of Junior Hindi Translator. That since the grade pay of Rs.4600/- is attached to the post of Senior Hindi Translator, the Tribunal ought to have found that the respondent who is Junior Hindi Translator was only be treated as continuing in the very initial grade pay of Rs.4200/- instead of the grade pay of Rs.4600/-.
Thus the contention that the JHT was entitled to grade pay of Rs.4600/- was raised before the Hon'ble High Court while dealing with the writ petition No. OP(CAT) No.467/2012 against the order in OA 107/2011 and it has to be accepted that the question was considered and confirmed by the Hon'ble High Court.
20. In the paragraph-11, of its judgment in O.P. (CAT) 467/2012 the Hon'ble High Court observed that, essentially the contentions of the petitioner would reveal that according to them, paragraph-5 of the OM dated 13.11.2009 is not applicable to the respondent. Thus, the issue raised as per para-8 in the order in OA Nos.656/2012 & 953/2012 to which at the cost of repetition we would refer again whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of the OM dated 13.11.2009 or not was considered specifically in the judgment of the Hon'ble High Court in OP(CAT) No. 467/2012 against the order in OA 107/2011.
21. Thus it has to be accepted that the question, as to whether the JHTs are entitled for Grade Pay of Rs.4600/- on the basis of the OM dated
13.11.2009 was answered positively in OA OAs. 286/19 & 238/20 20 107/2011 and was confirmed by the Hon'ble High Court in OP(CAT) No. 467/2012.
22. In the circumstances, the reference as to whether JHTs in the Subordinate Offices of the Central Government are entitled to Grade Pay of Rs.4600/- from 01.01.2006 on the basis of the O.M. Dated 13.11.2009 or not has to be held to be in favour of the applicants and in the circumstances of the case there is no necessity of again referring the matter to the Division Bench for deciding the matter on facts. We hold that both the OAs are liable to be allowed and the same are accordingly allowed.
23. No order as to costs."
(emphasis supplied)
16. Said decision was assailed by the respondents before the Hon‟ble High Court of Kerala vide OP (CAT) No.142/2014. The Hon‟ble High Court while dismissing the said OP (CAT) No.142/2014 vide its judgment dated 01.05.2015 held as under:-
7. It is also to be noted that the following contentions of the Central Government authorities has also been duly considered by the Tribunal and the Division Bench of this Court as can be seen from a reading of paragraphs 11 & 6 of Anx A-9 judgment of this Court in O.P(CAT).No.467/2012. The said contentions are as follows:
OAs. 286/19 & 238/20 21 That the Tribunal ought not to have found that the pay scale of JHT was revised to Rs.7450- 11500 w.e.f. 1.1.2006 because the said pay scale is attached to the post of Senior Hindi Translator and not to the post of JHT and that since the grade pay of Rs.4600/- is attached to the post of Senior Hindi Translator, the Tribunal ought to have found that the original applicant, who is JHT, was only to be treated as continuing in the very initial grade pay of Rs.4200/- instead of in the grade pay of Rs.4600/- and that the initial grade pay of the applicant therein could only be taken as Rs.4200/- and on this basis it was contended that the applicant therein who was a JHT would be entitled to the first and second financial upgradations only with grade pay of Rs.4600/- and Rs.4800/- respectively. That the applicant therein was drawing the grade pay of Rs.4600/- from 1.1.2006 as a consequence of the first financial upgradation under ACP Scheme which was in force from 9.8.1998 till 31.8.2009, she is eligible for the second financial upgradation only with grade pay of Rs.4800/-. That according to the Central Government authorities, paragraph 5 of OM dated 13.11.2009 (viz, Anx A-3 herein) is not applicable to the original applicant therein, etc. The Division Bench of this Court in paragraph 11 of Anx A-9 order conclusively held that the above said contention of the Central Government authorities are not tenable and that the view of the Tribunal to the contrary cannot be said to be palpably wrong and thus the aforementioned contentions of the official authorities concerned have been substantially and effectively overruled by the Division Bench of this Court. (see page 46 and 47 of the present paper book). Further from a reading of paragraph 6 of Anx A-9 judgment of the Division Bench of this Court, it could be seen that one of OAs. 286/19 & 238/20 22 the contentions specifically raised by the Central Government authorities concerned was that the post of JHT was in the pay scale of Rs.5000 -150- 8000 till 31.12.2005 and not in the pay scale of Rs.6500-10,500. That the pay scale of Rs.6500-10500 was granted to the post of JHT w.e.f. 1.1.2006 as per Anx A-4 therein with corresponding Pay Band-2 plus the Grade Pay of Rs.4200/- and according to official authorities, the post of JHT could not be treated as having carried the pay scale of Rs.6500-
10500 prior to 1.1.2006 and therefore it cannot be said that the JHT like the present applicant herein are eligible for grade pay of Rs.4600/- in the post of JHT on the basis of Anx A-2 herein (OM dated 24.11.2008) and Anx A-3 herein (OM dated 13.11.2009). The said contentions of the official authorities concerned has also been effectively and fully overruled by the Tribunal and the Division Bench of this Court in the aforementioned previous round of litigations.
8. So, though the claim made in the previous round of litigations before the Tribunal and before this Court was as to the upgraded grade pay for the first financial upgradation and second financial upgradation as per the MACPS in the post of JHT, the said claim was inextricably interlinked and interwoven with the issue as to very initial grade pay in the post of JHT held by incumbents like the present applicant herein and the applicant in the previous round of litigations. According to the official authorities, the initial grade pay of the JHT held by the applicant is only Rs.4200/- and on this basis it was contended by them that such an incumbent would be entitled to the first and second financial upgradation in the post of JHT only with Grade Pay of Rs.4600/- and Rs.4800/- respectively. This contention was OAs. 286/19 & 238/20 23 overruled by the Tribunal and by the Division Bench of this Court in the previous round of litigations and it was held that as the initial grade pay in the post of JHT was Rs.4600/-, that the applicant is entitled for first and second financial upgradations as per MACPS in the post of JHT with grade pay of Rs.4800/- and 5400/- respectively. Since the issue in this regard is thus substantially and conclusively covered in the previous round of litigations, the present contention raised by the official authorities concerned that the issue raised herein is regarding initial pay in the post of JHT and that the issue raised in the previous round of litigations is distinct in so far as it related only to the first and second financial upgradation grade pays as per MACPS etc, is nothing but rehashing and refashioning the old unsuccessful contentions as new ones. Though, at first blush, these contentions appear to be attractive, the same are untenable and unsound, in view of the aforestated aspects. On an anxious consideration of the entire aspects of the matter, we are fully in agreement with the considered view taken by the Full Bench of the Central Administrative Tribunal, Ernakulam Bench in the impugned order that the issue as to the initial grade pay for the post of JHT is thus concluded by the aforementioned previous round of litigations in favour of the respondent herein.
9. Accordingly, we find no grounds to interfere with the impugned Ext.P-6 order passed by the Full Bench of the Tribunal.
..."
OAs. 286/19 & 238/20 24
17. The SLP(C) No.23053/2016 preferred by the respondents assailing the above judgment of the Hon‟ble High Court of Kerala was also dismissed by the Hon‟ble Supreme Court on 26.07.2019.
18. Thus, the issue is squarely covered by the above decision of the Full Bench of the Ernakulam Bench of the Tribunal, as affirmed by the Hon‟ble High Court and the Hon‟ble Supreme Court. The learned counsel appearing for the respondents has not placed any contrary decision in the matter. Therefore, we do not find any reason to take different view in the matter.
19. In view of the above, the respondents are directed to extend the benefits of the order dated 14.10.2013 passed by the Full Bench of the Ernakulam Bench of the Tribunal, as affirmed by the Hon‟ble High and Hon‟ble Supreme Court to the applicants from OAs. 286/19 & 238/20 25 the due dates, if they are otherwise entitled, after verifying the individual service particulars of the applicants and to make payment from the respective dates of entitlements along with consequential benefits. The exercise shall be completed, as early as possible, but not later than three months from the date of receipt of this order.
20. Both the OAs are disposed of with the above observations and directions. There shall, however, be no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
/bb/
OAs. 286/19 & 238/20