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19. The present petitioner i.e. Union of India and its functionaries filed reply. Denying the contention that non-functional upgradation cannot be treated as an advancement in the pay, it was urged that Para 8.1 of the Circular dated 19.05.2009 being self explanatory were wrongly interpreted by the applicants.

20. The Tribunal relying on the decision by the High Court of Madras in Writ Petition Nos.33946/2014, 24602/2014 and 27798/2014 decided on 14.02.2017 and of High Court of Delhi in WP(C) No.9357/2016 dated 20.12.2017 and the decision by the Tribunal Mumbai Bench in Original Application No.633/2015 decided on 21.06.2017, upheld the claim. The Tribunal held :