CAT - ['Jammu']
Employment and Labour LawAdministrative and Public Law

Authorities must examine similarly situated employees’ claims under precedent and extend equivalent benefits upon established equivalence.

VED PARKASH vs GENERAL ADMINISTRATIVE DEPARTMENT

CAT - ['Jammu']JUDGMENT: September 10, 20263 MIN READSOURCE JUDGMENT
Authorities must examine similarly situated employees’ claims under precedent and extend equivalent benefits upon established equivalence.. VED PARKASH vs GENERAL ADMINISTRATIVE DEPARTMENT. CAT - ['Jammu']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The 164 applicants, former police personnel, filed the Original Application under Section 19 of the Administrative Tribunals Act, 1985, challenging condition (v) of Government Order No. 229-F dated 17 October 2014.

Source reference: p. 18; para. 1

The applicants contended that the upgraded pay scales for Head Constables and Assistant Sub-Inspectors—₹4,500–7,000 and ₹5,000–8,000, respectively—were made prospective instead of being granted retrospectively from 1 January 1996, when the alleged pay anomaly arose.

Source reference: p. 18; para. 1

They sought retrospective revision of pay, consequential monetary and pensionary benefits, and revised last pay certificates.

Source reference: p. 18–19; para. 1

Their application to pursue the proceedings collectively under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987, was allowed.

Source reference: p. 18

At the hearing, counsel for the applicants stated that they would be satisfied if the respondents were directed to consider their claims in light of the Tribunal’s decision dated 10 October 2025 in Ajit Singh & Ors. v. UT of J&K & Connected Matters, TAs Nos. 6839, 6757 and 6761 of 2020.

Source reference: p. 19; para. 2
02

Issues

Whether the applicants were entitled to retrospective upgradation of the pay scales attached to the posts of Head Constable and Assistant Sub-Inspector with effect from 1 January 1996, along with consequential benefits?

Source reference: p. 18–19; para. 1

Whether the respondents should examine the applicants’ claims in light of the Tribunal’s order dated 10 October 2025 in Ajit Singh & Ors. v. UT of J&K & Connected Matters and extend equivalent benefits if the applicants were found to be similarly situated?

Source reference: p. 19–20; paras. 2 and 4
03

Law Applied

The Tribunal exercised jurisdiction under Section 19 of the Administrative Tribunals Act, 1985, which permits an aggrieved government employee to seek adjudication of service-related grievances before the Tribunal.

Source reference: p. 18; para. 1

The applicants’ collective prosecution of the proceedings was permitted under Rule 4(5) of the Central Administrative Tribunal (Procedure) Rules, 1987.

Source reference: p. 18

The substantive claim arose from Government Order No. 229-F dated 17 October 2014, concerning revision of the pay scales of Head Constables and Assistant Sub-Inspectors.

Source reference: p. 18; para. 1

The Tribunal also directed consideration of the applicants’ case in accordance with its earlier decision dated 10 October 2025 in Ajit Singh & Ors. v. UT of J&K & Connected Matters, applying the principle that similarly situated employees may receive the same benefits where factual and legal equivalence is established.

Source reference: p. 19–20; para. 4
04

Reasoning

The Tribunal did not adjudicate the validity of condition (v) of Government Order No. 229-F or determine whether retrospective pay fixation from 1 January 1996 was legally warranted.

Source reference: p. 19; para. 2

Since the applicants limited their request at the hearing to consideration of their case under the Ajit Singh decision, the Tribunal adopted a limited, non-merits approach.

Source reference: p. 19; para. 2

It directed the respondents to compare the applicants’ circumstances with those of the employees covered by the earlier decision and, if the applicants were found to be similarly situated and the equivalence established, to extend the same benefits to them.

Source reference: p. 20; para. 4

Thus, the Tribunal preserved the respondents’ initial administrative determination while requiring it to be guided by the earlier binding or persuasive decision and completed within a specified timeframe.

Source reference: p. 20; para. 4
05

Holding

The Miscellaneous Application for collective prosecution was allowed.

The Original Application was disposed of at the admission stage without expressing any opinion on the merits.

Source reference: p. 20; para. 4

The respondents were directed to examine the applicants’ claims in light of the Tribunal’s order dated 10 October 2025 in Ajit Singh & Ors. v. UT of J&K & Connected Matters and to extend the same benefits if the applicants were found to be similarly situated and the requisite equivalence established.

Source reference: p. 20; para. 4

The exercise was to be completed within eight weeks from receipt of a copy of the order.

Source reference: p. 20; para. 4

No order as to costs was made.

Source reference: p. 20; para. 4
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Administrative Tribunals Act, 19851

CAT - ['Jammu']

Original Court PDF

VED PARKASHvsGENERAL ADMINISTRATIVE DEPARTMENT

CAT - ['Jammu'] · September 10, 2026

Click to open original judgment

Original judgment, available to read, download and summarize on LawLens.in

Click to open original judgment