Man Mohan Saklani vs EARTH SCIENCES
- Court
- Central Administrative Tribunal
1
ainital Bench
Item no.9 (C-4) Na
OA No.644/20
026
CENTRAL ADMINISTRA
ATIVE TRIBUNAL
NEW DELHI
PRINCIPAL BENCH: N
OA No.644/202
26
th
nital, this the 20 day of A
Nai
HON’BLE M
HON’BLE D
1. Man Moh
65 years),
Vishnu Viha
Kalan, Dehr
2. Mohinde
about 64 ye
H.No 202/
Colony, Far
3. Vinod Kum
S/o Shri Gan
GH-1, Sector
4. Dr. G. D
years), S/o
Kolar, Bhop
5. Suresh Ke
years), S/o L
Jagruti Colon
6. M. Jaya
years), S/o
Pocket A2,
7. Bikram Se
Late Ram, C
Colony, Kanp
8. Manoha
about 63 y
Flat No 11
Republik, G
August, 2026.
MR. MANISH GARG, MEMB
DR. ANAND S KHATI, MEM
BER (J)
MBER (A)
han Saklani, Retired Met-
B, (Male, aged about
utt Saklani, R/o 29,
S/o Late Shri Devi Du
ar Colony, Haridwar, By
radun, Uttarakhand
Pass Road, Ajabpur,
er Pratap Sharma, Retired
d Met-A, (Male, aged
man Das Sharma, R/o
ears), S/o Late Shri Lachm
/Second Floor, Sector,
ridabad-121003, Haryana
30-33, Indraprastha
mar Srivastava, Met-A, (Male
e, aged about 64 years),
ga Prasad Srivastava, R/o A-
r 09, Vasundhra, Ghaziabad, U
201 Jansatta Apartment,
Uttar Pradesh
D. Mishra, Retired Met-A, (
(Male, aged about 64
, R/o 31-A, Sector D,
o Shri Shiv Kumar Mishra,
pal, Madhya Pradesh
eshaorao Konge, Retired Met-
Late Shri Keshaorao Konge, R
-A, (Male, aged about 70
R/o N.I.T Garden, 30 Old
y, Katol Road, S.O Nagpur, Ma
aharashtra, 440013
apalan, Retired Met-B, (M
Male, aged about 63
o Shri Palayil Narayanan
Nair R/o S.No 166h
Mayur Vihar 3, Delhi-96
en, Retired Met-B, (Male, age
Chandra Sen R/o H.No, M-11
pur Road Extension, Lucknow,
ed about 64 years), S/o
164, Sector-M, Aashiana
Uttar Pradesh
ar Rao Kalway, Retired
years), S/o 6. Late Rajesh
Met-B, (Male, aged
hwar Rao Kalway R/o
r Greenisle, Crossing
Pradesh
102, Tower A 8, Saviour
Ghaziabad-201016, Uttar P
JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:36:39+05'30'
2
ainital Bench
Item no.9 (C-4) Na
9. Digambe
about 67
Gaikwad,
Somalwada
10. Prakas
about 66 y
H.No MIG
Nayapura,
11. Uday M
about 65 y
Kailash Nag
12. Kailash
aged about
R/o B- 18,
Pradesh
13. Inderje
67 years),
A-36 Pocke
Greater Noi
14. Pradee
about 64
Budhkar, R/
Road, Pimp
15. Jayant
years), S/o
No. 20/B, S
Near Vivek
Maharashtr
16. Nainesh
years), S/
Chaitrangan
Maharashtr
17. Brij Mo
65 years),
No. 31, Jai
NSIT Dwark
OA No.644/20
026
er Sharad Gaikwad, Retire
ed Met-B. (Male, aged
hri Sharad Dattatray
7. years), S/o Late Sh
R/o Flat No 70-C.
a, P.O Khamla, Nagpur, Ma
Tapovan Complex,
aharashtra
h Narayan Birwa, Retired
d Met-A, (Male, aged
m Narayan Birwa, R/o
ears), S/o Late Shri Prem
40, Sumitra 18. Pa
Bhopal, Madhya Pradesh
rishar, Kolar Road,
Madhukar Sarwate, Retire
d Met-B, (Male, aged
M Sarwate, R/o 52/A,
ears), S/o Late Shri M. M
gar, Bairagarh, Bhopal, Ma
adhya Pradesh
h Chander Bhindwar, Re
t 64 years), S/o Late Shr
etired Met-B, (Male,
ri Shiv Charan Singh,
Sector 36 Noida, Gautam
m Budh Nagar, Uttar
eet Nayyar, Retired Met-B
B, (Male, aged about
eer Nayyar, R/o H.No
S/o Late Shri Dharamve
et, A, P-3, Near Kendriy
ya Vidyalaya School,
ida, Uttar Pradesh
ep S. Budhkar, Retired
Met-A, (Male, aged
Sri Krishna Narayan
als Society, Kate Vasti
years), S/o Late Shri S
R/o A-3/102 Aster Daffodia
ple Saudagar, Pune, Mahar
rashtra
D. Indurkar, Met-A, (M
o Late Shri Dinkar Gopalra
Male, aged about 64
ao Indurkar, R/o Flat
ety, Plot No 15 & 16,
Sushant Co-Op Hsg Socie
kanand Society, Pashan
ra
gaon, Pune-411021,
h Mune, Retired Met-A, (
/o Shri Bhaskar Rao
n Society, Sukhsagar N
ra
(Male, aged about 64
Mune, R/o B-104
Nagar, Katraj, Pune,
han Sharma, Retired Met-
-A, (Male, aged about
S/o Shri Nanak Chandra,
i Mata Kalyani Apartment
ka, Delhi Cantonment, So
R/o Flat No. 56, Plot
t, Sector 04 Dwarka,
uth West Delhi.
JUGAL KISHORE
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2026.09.03 17:36:39+05'30'
3
ainital Bench
Item no.9 (C-4) Na
18. Shiv D
about 60 y
H.No 561/7
19. Vijay K
about 66 ye
R/o 81, Aa
Nagpur, Ma
20. Girish
about 67 y
R/o 34 A R
Road, Nagp
21. Sunit K
65 years),
Exotica Airp
22. Narend
aged about
Chawhan,
Wing, Shrin
Maharashtr
23. Homes
(Male, age
Nagorao C
Kothalkar H
24. Jayasee
about 64 y
Kistammag
25. Rajend
about 66 3
Patole, R/o
Keshav Bha
26. Rakesh
about 68 ye
Row House
Nagpur, Ma
OA No.644/20
026
ikshit, Retired Scientific O
years), S/o Late ShriBal
72, Shindhu Nagar, Luckno
Officer-I, (Male, aged
Krishna Dikshit, R/o
ow, Uttar Pradesh
Keshaorao Tarare, Retired
d Met-A, (Male, aged
ears), S/o Late Shri Kesh
aorao Bajirao Tarare,
stha Parate Nagar, Sone
aharashtra
Gaon, Khamla Road,
Kamlakar Lonkar, Retired
ears), S/o Late Shri Kam
Raghukamal Apartment,
pur, Maharashtra
d Met-B, (Male, aged
mlakar Govind Lonkar,
Pande Layout Kamla
Kumar Dey, Retired Met-B
B, (Male, aged about
umar Dey, R/o A/24,
S/o Late Shri Mohit Ku
port, Bhopal, Madhya Prad
desh
dra Atmaram Chawhan, R
Retired Met-A, (Male,
t 66 years), S/o Late Shr
ri Atmaram Rewaram
R/o Shri Omkar Apartm
nath Sai Nagar, Manewada
ra
ent, Flat No 201, A
a Ring Road, Nagpur,
shwar Sudamrao Chandu
urkar, Retired Met-B,
d about 63 years), S/o
Chandurkar, R/o Plot No
Late Shri Sudamrao
o. R-77 Behind Dr.
gpur-24, Maharashtra
Hospital, Reshimbagh, Nag
ela Rao Paricheria, Retire
d Met-A. (Male, aged
ah, R/o H.No 1-5-87,
ears), S/o Shri Chenchaia
utta, Budvel Rajendra Nag
gar, Hyderabad
ra Bhaurao Patole, Retire
33. years), S/o Late Sh
o Flat No. 305. Pushpanj
d Met-A, (Male, aged
hri Bhaurao Tukaram
jali Apartment, Near
ur, Maharashtra
awan, Reshimbagh, Nagpu
h Narayan Yadav, Retired
d Met-B, (Male, aged
ears), S/o Late Shri Naray
e No. 30, Pyramid City V
aharashtra
yan Onkar Yadav, R/o
VI, Besa Pipla Road,
JUGAL KISHORE
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4
ainital Bench
Item no.9 (C-4) Na
27. Shyam
aged abou
Ashtikar, R
Maharashtr
28. Ajay Ku
65 years),
Nagar, Hos
29. Niranja
about 63 ye
120, Prin
Chhattisgar
30. Pranab
about 63 y
R/o H-170,
Pradesh
31. Murli
about 66
Krishnamur
Vasudev Na
32. Ravind
aged abou
Baburao A
Nagoba Gal
33. Suhas S
years), S/o
Vihar, Bui
Maharashtr
34. Anil B
about 64 y
Survey No
Pune, Maha
35. Arun K
years), S/o
Vikas Naga
OA No.644/20
026
m Shriniwas Ashtikar, Re
etired Met-B, (Male,
e Shri Shriniwas S.
ut 66 years), S/o Late
R/o Beena Arcade, Saha
ra
akar Nagar, Nagpur,
umar Shukla, Retired Met-
-B, (Male, aged about
S/o Late Shri D. P Shukl
hangabad Road, Bhopal, M
a, R/o A-42, Adarash
Madhya Pradesh
an Singh Mehta, Retired
Met-B, (Male, aged
hav Singh Mehta, R/o
ears), S/o Late Shri Madh
nce Colony, Maravee
rh
r Nagar, Raipur,
b Kumar Saha, Retired
years), S/o Late Shri Upe
Met-A, (Male, aged
endra Chandra Saha,
puri, Bhopal, Madhya
, SRG Yugantar, Awadhp
Krishnamurthy, Retired
Met-B, (Male, aged
years), S/o Late Shri
rthy, R/o F.No- 203,
agar, Hingna Road, Mahar
Mour Sheshajalam
Ashish Apartment,
rashtra
ra Sharadchandra Akre, R
ut 64 years), S/o Late
Retired Met-A, (Male,
Shri Sharadchandra
Near Ganesh Mandir,
Nagpur, Maharashtra
kre, R/o Plot No 1/5, N
li, New Subedar Layout, N
S. Mairal, Retired Met-B.
o Shivajirao Govindrao M
(Male, aged about 65
Mairal, R/o Prem Raj
ilding No 2, Flat No
ra
6, Sangvi, Pune,
Bhairu Sakhare, Retired
Met-B, (Male, aged
Rajaram Sakhare, R/o
years), S/o Shri Bhairu R
o. 30/2/2, Krishna Nagr
ri, Rahatani, Pimpri,
arashtra
Kumar, Retired Met-A, (M
o Late Shri Babulal Thaku
Male, aged about 64
r, R/o 648, Sector 5,
h
r, Lucknow, Uttar Pradesh
JUGAL KISHORE
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5
ainital Bench
Item no.9 (C-4) Na
36. Ramesh
about 63 y
Patki, R/o
Khamla Nag
37. Aswan
about 65 y
3/346, Vira
Pradesh
38. Kamles
about 63
551K/425/5
Uttar Prade
39. Subhas
aged about
R/o Shre
Maharashtr
40. Anil P.
years), S/o
Nagar, Plot
Road, Parva
41. Anirud
about 66 y
H. No 3 Jay
42. Laxmin
aged about
Nandkishor
Nagpur, Ma
43. Sanjay
57 years),
No.33 Swa
Nagpur, Ma
44. Prakas
aged abou
Raghunath
Nagar, RPT
OA No.644/20
026
h Ganeshrao Patki, Retire
years), S/o Late Shri Ga
ed Met-B, (Male, aged
aneshrao Dharmarao
malwada, Post Office
35, Shriramnagar Som
gpur-440025, Maharashtr
ra
i Kumar Bajpai, Retired
years), S/o Late Shri R
am Khand, 3, Gomti Na
Met-A, (Male, aged
am Vilas Bajpai R/o
agar, Lucknow, Uttar
sh Kumar Shukla, Retired
d Met-B, (Male, aged
years), S/o Shri Madho
5E, Madhuban Nagar, A
esh
o Ram Shukla, R/o
Alambagh, Lucknow,
sh Vithoba Panjarkar, R
t 67 years), S/o Late Shri
ee Vitthala, Sinchan
ra
Retired Met-A, (Male,
Vithoba A Panjarkar,
Nagar, Parbhani,
Patinge, Retired Met-B, (
o Shri Pandurang Pating
t No. 34, Maharana Colon
(Male, aged about 66
ge, R/o Near Abhay
ny, Rameshwari Ring
aharashtra
ati Nagar, S.O Nagpur, Ma
dha M. Pande, Retired
ears), S/o Late Shri Mano
y Nagar, Taroda, BK Nand
Met-A, (Male, aged
oharrao C Pande, R/o
ed, Maharashtra
narayan Babulal Joshi, R
Retired Met-A, (Male,
t 65 years), S/o Late Sh
re Building, Sambhaji Kas
aharashtra
hri Babulal Joshi, R/o
sar Road, Maskasath,
N. Bidyanta, Retired Met-
S/o Late Shri Nemaichan
ami Samarth Nagri, Bes
aharashtra
-B. (Male, aged about
nd Bidyanta, R/o Plot
a Pipla Road, Besa,
h Dattatraya Dhawale, R
ut 60 years), S/o La
Retired Met-B, (Male,
ate Shri Dattatraya
Dhawale R/o Plot No 11
TS Road, Nagpur, Maharas
1, Asawari, Surendra
shtra
JUGAL KISHORE
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6
ainital Bench
Item no.9 (C-4) Na
45. Ashok
years), S/o
View II, A 2
46. Pran Na
years), S/o
Block, Vet
Najafgarh,
47. Rajinde
about 62 ye
Lane No 9,
Road, Najaf
48. Vinod
years), S/o
Vihar, Dean
OA No.644/20
026
Kumar, Retired Met-A, (
o Late Shri Bhagwat Sing
Male, aged about 65
gh, R/o 75, FF Green
Uttar Pradesh
2 Z Colony, Modipuram, U
ath Bhat, Retired Met-B,
o Late Shri Dwarika Nat
(Male, aged about 63
th Bhat, R/o 128, Z
tasta Enclave Premnag
ar Paprawat Road,
New Delhi
er Kumar Bhat, Retired
ears), S/o Late Shri Dina
, Vetasta Enclave, Kashm
Met-B, (Male, aged
Nath Bhat, R/o Z-168
miri Colony, Paprawat
fgarh, New Delhi
Kumar, Retired Met-A, (
o Late Shri Soom Nath K
npur, Najafgarh, New Delh
Male, aged about 64
Khar R/o 134, Surya
hi
…Applicant
(By advoca
te: Mr. Gaurav Kandpal)
VERSUS
1. Union o
Through Its
India Habita
2. India
Director Ge
Road, New
3. Union
Departmen
Secretary.
of India Through Ministry
y of Earth Sciences,
an, IMD Campus, Opp
ew Delhi-110003
s Secretary, Prithvi Bhawa
at Centre, Lodhi Road, Ne
Meteorological Depart
eneral of Meteorology, Ma
tment Through its
ausam Bhawan, Lodhi
Delhi-110003.
of India Through M
t of Expenditure, New
Ministry of Finance,
Delhi Through its
…Respondents
(By advoca
te: Mr. T.C. Aggarwal)
ORDER (ORAL)
)
HON’BLE M
MR. MANISH GARG, MEM
MBER (J):
JUGAL KISHORE
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7
ainital Bench
Item no.9 (C-4) Na
OA No.644/20
026
In the
e instant OA, the applican
nts seek the following
reliefs:-
“i. To g
to the G
the dat
same,
benefits
by the
grant the benefit of Non-Funct
tional Upgradation (NFU)
Grade Pay of ₹5,400/- in Pay
Band-2, with effect from
became eligible for the
all other consequential
te on which the Applicants
along with arrears and a
s, in terms of the Resolution
dated 29.08.2008 issued
ent No.3).
Ministry of Finance (Responde
ii. To s
Respon
denied
Pay of
arbitrar
2008, a
nullify t
et aside/quash the order date
ndent No. 2, whereby the be
ed 15.12.2025 issued by
enefit of NFU has been
to employees (MET-A) who
f ₹4,800/- through ACP/MA
have reached the Grade
CP. The said denial is
ry, beyond the scope of, and
dehors the NFU Policy of
ould defeat and virtually
the NFU policy.
as such an interpretation wo
the very object and intent of t
iii. T
Tribuna
case.”
2. Learne
To issue any other order or dir
rection which this Hon'ble
al may deem fit and proper in
the circumstances of the
ed counsel for the applic
cants draws attention
to the l
etter dated 21.12.202
25 issued by the
respondent
ts, which reads as under:-
-
“Da
ate: 21, December, 2025
To,
S
A
H
Sh. Gaurav Kandpal,
Advocate,
High Court of Uttarakhand.
S
g
p
th
Subject: Reply to legal notice(
(s) dated 01.12.2025 for
dation (NFU) in the grade
n of four years service in
rant of Non-Functional Upgrad
pay: Rs.5400 after completion
he grade pay as Rs.4800/-und
der MACP Scheme - reg
Sir,
R
01.12.2
Meteoro
Reference is invited to the
e legal notice(s) dated
2025 served to this office o
on behalf of 17 retired
ologist 'A'/Meteorologist 'B'
claiming the benefit of
JUGAL KISHORE
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2026.09.03 17:36:39+05'30'
8
ainital Bench
Item no.9 (C-4) Na
OA No.644/20
026
Non-Fu
after c
Rs.4800
examin
dated 1
nctional Upgradation (NFU) in
completion of four years ser
n the grade Pay: Rs.5400
rvices in the grade pay
0/- under the MACP Scheme
ned byfile No. DGM-HQ-1
15.12.2025.
e. The matter has been
13019(11)/3/2025-AT/RR
T
otherw
not be
fulfilme
this reg
has be
post o
Rs.4600
under M
The NFU is admissible only to
o those officers who are
ise eligible for promotion to t
he higher post but could
ative reasons, subject to
promoted due to administra
ent of prescribed conditions
and applicable rules. In
he time from which NFU
cerned were holding the
gard, it is observed that at th
en claimed, the officials conc
of Meteorologist 'A' (PB-2:
Rs.9300-34800 + GP:
nd grade pay: Rs.4800
0) on regular promotion an
MACP Scheme.
F
ACP/MA
promot
34800+
conside
comple
through
NFU as
Further, it is clarified that finan
ncial up-gradations under
al regular promotion. The
ogist 'B' (PB-2: Rs.9300-
ACP does not amount to actua
tion to the post of Meteorolo
+ GP: Rs.4800) is a mand
eration of NFU under the
datory pre-condition for
applicable rules. Mere
ade Pay 4800/- obtained
nfer eligibility for grant of
tion of four years in the Gra
h MACP Scheme does not con
per the recent clarification fro
om DoE.
H
grade p
the gra
agreed
3. Learne
Hence, the claim of the official
ls for grant of NFU in the
n of four years services in
pay: Rs.5400 after completion
ade pay of Rs.4800/- unde
r MACP Scheme is not
ty.”
to by the Competent Authorit
ed counsel for the ap
pplicants also draws
attention to
o the Circular dated 15.1
2.2025 issued by the
respondent
ts, whereby the responde
ents have specifically
excluded t
he serving and retired G
Group ‘B’ officers of
India Meteo
orological Department (IM
MD) who had reached
Grade Pay
of Rs.4800/- through
ACP/MACP from the
grant of NF
FU to Grade Pay of Rs.5
5400/- (Level-9). The
relevant po
ortion of the Circular reads
s as under:-
“CIRCULAR
JUGAL KISHORE
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2026.09.03 17:36:39+05'30'
9
ainital Bench
Item no.9 (C-4) Na
OA No.644/20
026
A
serving
various
Upgrad
issue h
Adminis
Departm
No. 12
the pro
GP 54
comple
serving
reached
A large number of representat
g as well as retired IMD offici
tions being received from
als directly, and through
s sub offices regarding the
grant of Non-Functional
ation (NFU). In this regard,
has been duly examined in
it is informed that the
n consultation with the
nd further submitted to
strative Ministry (MOES) an
ment of Expenditure. In resp
onse DoE, vide its letter
1.2025, after examining
(1)/E III.B/2025 dated 11.1
oposal and has not agreed to
400/- (PB-2/Level-9) to: M
the extension of NFU in
Meteorologist 'A', after
tion of four years of regula
g and retired (Group B), Off
ar service in respect of
ficers of IMD, who have
CP.
d GP 4800/- through ACP/MAC
In
seeking
years i
based
Expend
Authori
n view of the above, all repr
g NFU to GP ₹5400/- (Level-9)
esentations/ applications
) after completion of four
n GP 4800/- via ACP/MACP,
are hereby disposed of,
on the decision conveyed
diture. This issues with the ap
by the Department of
pproval of the Competent
ty.”
4. Counte
er affidavit has been fil
ed on behalf of the
respondent
ts.
5. Learne
ed counsel for the applica
ants submits that the
issue involv
ved in the present matte
r is squarely covered
by the foll
owing judgments, copies
s whereof have been
placed on r
record, which read as unde
er:-
“1. M
(W
2. S
O
3. G
O
4. U
N
5. U
N
M. Subramanium v Union
W.P.No.13225 of 2010)
n of India and Ors
Sushil Kumar v Union of Ind
Online Del 6482)
dia and Ors. (2024 SCC
Ghanshyam Vashisht and Ors
Ors. (O.A. No.2436/2022)
s. v Union of India and
Union of India & Ors. v. Ghans
No.10081/2025)
shyam Vashisht (W.P. (C)
Union of India and Anr. V M
No.2170/2026
Mrs. Jyoti Jain (W.P. (C)
JUGAL KISHORE
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10
ainital Bench
Item no.9 (C-4) Na
OA No.644/20
026
6. U
D
7. U
N
8. R
o
Union of India v Gajendra Si
Diary No.1406/2026)
ingh & Ors. (SLP (Civil)
Union of India & Ors. v Sunil K
No.11595 of 2023)
Kumar Rai & Ors. (SLP(C)
Ramanand Yadav & Ors. v Uni
on of India (O.A. No.100
f 2023).
6. Learne
ed counsel for the respo
ndents would submit
that the
present organisation
is an autonomous
organisatio
n and, therefore, the ap
pplicant cannot seek
the benefi
t of Non-Functional Up
pgradation (NFU) by
placing relia
ance upon the Resolution
dated 29.08.2008.
7. It is
the contention of the r
respondents that the
benefit alre
eady accorded to the app
plicants is on account
of ACP/MAC
CP and, therefore, grant o
of NFU would amount
to extendin
ng a double benefit. How
ever, it is noted that
an identica
l issue had earlier come
up for consideration
before the
Hon’ble Supreme Court
in M. Subramaniam,
followed by
y a catena of subsequen
nt decisions, wherein
the distinc
tion sought to be draw
wn between financial
upgradation
n and regular promotio
n has already been
examined a
and settled. The said dict
um has subsequently
been follow
wed in various decisions. A
An identical issue also
JUGAL KISHORE
JUGAL KISHORE
2026.09.03 17:36:39+05'30'
11
ainital Bench
Item no.9 (C-4) Na
came up
OA No.644/20
026
for consideration befor
re this Tribunal in
Ghanshyam
m Vashisht & Ors. v.
Union of India &
Ors., whe
rein the Tribunal, whil
e dealing with the
aforesaid co
ontention, has made the
following observation
in paragrap
phs 11 and 12:
“11. W
09.09.2
690/20
High C
Judgme
e have also gone through the
2024 relied upon by the app
022 in Sushil Kumar (Supra)
e recent Judgment dated
plicants in W.P. (C) No.
passed by the Hon'ble
nt portion of the said
Court of Delhi. The relevan
ent is extracted below:
“
c
th
C
s
th
w
R
w
re
M
10. Having considered the su
bmissions of the learned
rused the record, we find
upra), the Madras High
ounsel for the parties and per
hat in M. Subramaniam (su
Court had rejected exactly the
e same plea as is being
spondents by urging that
rade pay of Rs. 5,400/-
ose drawing grade pay of
ought to be raised by the res
he benefit of NFU in the gr
would not be applicable to tho
Rs. 4,800/- by way of financia
way of promotion. It would, t
l upgradation and not by
therefore, be apposite to
efer to the relevant extract
Madras High Court in M. Subra
of the decision of the
maniam (supra):
"6. It is not in dispute
India vide its resolution,
grade pay of Officers of t
Revenue, etc. who co
regular service in the gra
Pay Band 2. According t
already reached the pay
12000 by way of ACP Sc
is corresponding to
Superintendent of Centra
and therefore, on compl
entitled to the grade p
effect from 1.1.2008. In
petitioner also relied up
by the Central Board of
Letter F.No.A2601/9
21.11.2008 clarifying tha
to be counted from the
is placed in the pay sc
However, the claim of th
that the Government of
dated 29.8.2008 granted
the Department of Posts,
ompleted four years of
ade pay of Rs. 4800/- in
to the petitioner, he has
y scale of Rs. 7500-250-
heme on 1.1.2004 which
the pay scale of
al Excise (Group B Post)
etion of four year, he is
pay of Rs. 5400/0 with
support of his claim, the
pon a clarification issued
f Excise and Customs in
8/2008-AdIIA, dated
at the four year period is
date on which an officer
cale of Rs. 7500-12000.
he petitioner was denied
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12
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Item no.9 (C-4) Na
OA No.644/20
026
based on the clarificatio
Board of Excise & Cus
wherein, it was clarified t
the pre-revised p
(corresponding to grade
virtue of financial up gra
not be entitled to the
financial up gradation th
of Rs. 8,000-13,500 (cor
of Rs. 5400) on completi
revised pay scale of Rs. 7
8. Thus if an officer ha
1.1.2006 or earlier, he
functional up gradation w
and if the officer comp
after 1.1.2006, he will be
gradation from such date
4 year in the pay scale o
revised), since the
completed 4 year period
7,500-12,000 (pre-revise
admittedly completed 4
scale of Rs. 5700-12000
entitled to grade pay of
Government of India,
recommendations of the
issued a resolution dat
grade pay of Rs. 5400/-
in pay Band 2 on nonfu
years of regular service
4800/- in pay band 2.
same benefit to the p
clarification issued by the
Government was contra
clarification and without
the revised pay scale, s
taken. Therefore, we are
the order of the Tribunal.
1. Since it is an admitted po
ppeal assailing the decision o
n M. Subramaniam (supra) s
on issued by the Central
toms, dated 11.2.2009,
that the Officers who got
ay-scale 7500-12000
e pay of Rs. 4800) by
adation under ACP would
benefit of further non-
he pre-revised pay-scale
rresponding to grade pay
ion of 4 years in the Pre-
7500-12000.
as completed 4 year on
will be given the non-
with effect from 1.1.2006
pletes 4-year on a date
e given non-functional up
e on which he completes
of Rs. 7,500-12000 (pre-
petitioner admittedly
d in the pay scale of Rs.
ed), since the petitioner
year period in the pay
0 as on 1.1.2008, he is
Rs. 5400/-. In fact, the
having accepted the
e 6th Pay Commission,
ed 29.08.2008 granting
to the Group B Officers
unctional basis after four
in the grade pay of Rs.
Therefore, denial of the
petitioner based on the
e under Secretary to the
ary to the above said
t amending the rules of
such decision cannot be
inclined to interfere with
."
1
a
in
th
re
re
re
s
osition that not only the
of the Madras High Court
stands rejected but even
he Review Petition (C) no. 25
ejected by the Apex Court,
efer to the order dated 23
eview petition was dismissed
519 of 2018 also stands
it would be apposite to
3.08.2018 whereby the
by the Apex Court. The
ame reads as under:-
“There is a delay of 35
Petition (C) No.2512 of
57 days in filing Review
f 2018 and 264 days in
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Item no.9 (C-4) Na
OA No.644/20
026
filing Review Petition (C
challenge to the clari
Ministry of Finance clarif
Grade Pay of Rs.5,400/-
such of those officers wh
of Rs.4,800/- on upgrada
was accepted by the H
petition preferred by the
While dismissing the spe
at the instance of the pr
this court did not find a
We have gone through
do not find any error a
record. These review p
dismissed both on the gr
merits."
C) No.2519 of 2018. The
fication issued by the
fying that non-functional
would not be granted to
ho had got the Grade pay
ation under ACP Scheme,
High Court and the writ
respondent was allowed.
ecial leave petitions filed
resent review petitioners
any ground to interfere.
the review petitions and
apparent on the face of
petitions are, therefore,
round of delay as well as
1
d
fi
5
s
th
M
b
d
e
th
s
c
th
p
2. Even otherwise, having
ated 29.08.2008 issued by th
nd that the provision for NFU
5,400/- in PB-3 for Group-B o
perused the resolution
e Ministry of Finance, we
U in the grade pay of Rs.
fficers with four years of
800/- does not prescribe
ade pay by way of ACP or
be eligible for the said
ervice in grade pay of Rs. 4,8
hat those drawing the said gra
MACP schemes would not b
benefit. In our considered vie
ew, when the resolution
ated 29.08.2008 does not pla
ntitlement of those Group-B o
he grade pay of Rs. 4,800/
ace any embargo on the
officers, who are drawing
/- by way of ACP/MACP
chemes, the respondents co
ondition that the grant of NF
hose drawing grade pay of
promotion.
ould not have placed a
FU would be restricted to
f Rs.4,800/- by way of
1
th
g
a
0
th
im
th
R
h
R
3. We, therefore, find no jus
he respondents in denying th
stification on the part of
he benefit of NFU in the
rade pay of Rs. 5,400/- to
dmittedly drawing the grade
06.07.2015 only on the groun
the petitioner, who was
pay of Rs. 4,800/- w.e.f.
nd that he was drawing
he said grade pay by way
mpugned order passed by th
of MACP scheme. The
he respondents rejecting
he petitioner's claim for grant
Rs. 5,400/- in PB-3 w.e.f. 06.
t of NFU in grade pay of
07.2019, the date when
rvice in the grade pay of
e completed four years of ser
Rs. 4,800/- is, therefore, wholl
y unsustainable.
1
a
2
th
P
th
4. For the aforesaid reason
llowed by setting aside the
24.09.2021. The respondents
ns, the writ petition is
impugned order dated
are directed to extend
de pay of Rs. 5,400/- in
he benefit of NFU in the grad
PB-3 as per the resolution dat
ed 29.08.2008 issued by
o the petitioner w.e.f.
he Ministry of Finance to
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14
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Item no.9 (C-4) Na
OA No.644/20
026
0
s
te
w
w
06.07.2019, on which date he
completed four years of
s. 4,800/-The exercise in
ervice in the grade pay of Rs
erms of this order will be
weeks and arrears, as found p
will be released to him within fo
completed within eight
payable to the petitioner,
our weeks thereafter."
The af
Hon'ble
Singh
Judgme
foresaid Judgment has also
e High Court of Delhi in WP(
been followed by the
(C) No. 886/2020 in Dal
and Ors.(supra), which h
ent dated 14.10.2024-
as been allowed vide
12. In
conside
no long
High Co
finality
12 to
reprodu
respond
Non-Fu
3 from
grade p
8. The d
view of above settled positio
ered opinion that the issue rai
on of law, we are of the
sed in the present OA. is
m of the Hon'ble Madras
ger res integra as the dictum
ourt in M. Subramaniam (sup
pra) has already attained
and as held by the Hon'ble D
14 in the case of Sushil
uced hereinabove, the impugn
Delhi High Court in paras
Kumar (supra), already
ned order passed by the
licants' claim for grant of
e pay of Rs.5400/- in PB-
dents while rejecting the appl
nctional Upgradation in grade
the dates they completed fo
pay of Rs.4800/-, is wholly uns
our years' service in the
sustainable.”
decision in Union of
India & Ors. v.
Ghanshyam
m Vashisht, W.P.(C) N
No.10081/2025 , has
also been u
upheld by the Hon’ble Hig
gh Court of Delhi. The
t reads as under:-
relevant po
ortion of the said judgmen
19. Now
for the
distingu
Resolut
w, coming to the submission
e petitioners that these jud
s of the learned counsel
gments and orders are
se X (b) and X (e) of the
uishable, we first quote Claus
tion dated 29.08.2008 as unde
er:
"(
re
m
(x) Regarding Group 'B' ca
ecommendations will be mo
manner:-XXX
dres, the Commission's
odified in the following
b
O
g
S
o
th
P
b) After 4 years of regular
Officer/Private Secretary/equiv
service in the Section
valent grade of Rs.4800
rade pay in PB-2, officers
Service, Central Secretariat St
of Central Secretariat
enographers Service and
vices will also be granted
s.5400 in PB-3 and not in
ther similarly placed HQ serv
he non-functional grade of Rs
PB-2. XXX
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15
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Item no.9 (C-4) Na
OA No.644/20
026
e
e
n
th
9. In vie
) Group B officers of Departm
tc. will be granted Grade Pa
on-functional basis after 4 ye
he grade pay of Rs.4800 in PB
ments of Posts, Revenue,
y of Rs.5400 in PB-2 of
ears of regular service in
B-2."
w of the aforesaid discus
ssion and the settled
position of
law, the impugned order
r dated 15.12.2025 is
liable to be
e quashed and set aside.
According, the OA is
disposed of
f with the direction to the
respondents to grant
relief to t
the applicants, as per
their eligibility, in
accordance
with law. The applicants
shall also be entitled
to consequ
uential benefits, as admi
issible in accordance
with law. Th
he respondents shall com
ply with the aforesaid
directions w
within a period of two mo
nths from the date of
receipt of a
certified copy of this orde
er.
10. Pendin
ng MAs, if any, shall sta
and disposed of. No
order as to
costs.
(Dr. Anand
Member
/jk/
d S Khati)
(A)
(Manish Garg)
Member (J)
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