The Central Administrative Tribunal (CAT) has recently allowed an Original Application from All India Association of Central Excise Gazetted Executive Officers directing the state to grant Central Excise Superintendent, the denied grade pay fixation benefits.
The following relief sought by the applicants was to declare the action of the respondents-state of not granting the Grade Pay of Rs. 5400 to applicants on completion of 4 years of service in the pay scale of Superintendent as illegal and unjustified.
The applicants further sought to direct the respondents to grant Grade Pay of Rs. 5400 in PB2 from the date of completion of 4 years of service in the pay scale of Superintendent with all arrears of pay and consequential benefits.
Jasvinder Kaur, appearing for the applicants submitted that consistently in all such matters, different Benches of this Tribunal have been allowing the Original Applications and directing the grant of non-functional up-gradation to the applicants.
Gyanendra Singh, counsel for the respondents-state contested the averments of the applicants and submitted that the SLP related to the instant matter was, no doubt, dismissed by Hon’ble Apex Court, however, the same was not done on merits. Accordingly, that cannot be treated as a precedent or as a law laid down by the Hon’ble Apex Court, argued the respondent counsel.
The Administrative Tribunal Bench observed that, “While recording the argument of the learned counsel, we notice that in the same judgment the Hon’ble Supreme Court had also held that such impugned judgment/order of the Court below stands on its own merit.”
The Bench further observed that, “ We have absolutely no doubt 7 O.A. No. 1944/2016 Item No. 41 in our mind that the issue being agitated in the present OA, as also the reliefs sought, are identical to the one in O.A. No. 404/2022. All the issues raised and contested by the respondents in the counter reply have been thrashed out in the judgment passed in the said OA.”
It was thus directed that “The Competent Authority amongst the respondents shall complete the exercise of sanction and grant of necessary emoluments in terms of non functional up-gradation within a period of sixteen weeks from the date of receipt of a copy of this order.”
It was further reiterated by the Central Administrative Tribunal Bench of Members Pratima K Gupta and Tarun Shridhar that, “the Union Finance Secretary consider issue of directions that all such matters be considered in rem and not in personam to avoid unnecessary litigation.”
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