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

Authorities must individually assess similarly situated employees’ eligibility for benefits under an affirmed precedent.

Swapan Das vs POSTS

CAT - ['Kolkata']JUDGMENT: October 05, 20262 MIN READSOURCE JUDGMENT
Authorities must individually assess similarly situated employees’ eligibility for benefits under an affirmed precedent.. Swapan Das vs POSTS. CAT - ['Kolkata']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants sought arrears for the period from 01.01.1996 to 18.02.2003, relying on the Central Administrative Tribunal’s order dated 03.02.2022 in OA No. 763/2015, which directed payment of such arrears to eligible applicants, with interest for delay.

Source reference: p. 3, para. 3

The respondents’ order dated 08.05.2026 restricted implementation of the relevant judgments to specified writ-petition respondents, including only association members at the time OA No. 763/2015 was filed.

Source reference: pp. 3–4, para. 4

The applicants asserted that they were similarly situated and that their pay scales had been upgraded notionally from 01.01.1996 and actually from 19.02.2003.

Source reference: p. 4, paras. 5, 8

The respondents disputed that the applicants were similarly situated.

Source reference: p. 4, para. 6
02

Issues

1. Whether the applicants’ claims to the arrears and related benefits should be considered by reference to the decision in OA No. 763/2015, despite the respondents’ restriction of implementation to specified persons.

Source reference: pp. 3–4, paras. 4–6

2. Whether the applicants were individually eligible for the benefits granted in OA No. 763/2015, as affirmed by the High Court.

Source reference: p. 4, para. 9
03

Law Applied

Section 19 of the Administrative Tribunals Act, 1985, provides the basis for an application to the Tribunal for redress of a service-related grievance.

Source reference: p. 2, para. 1

Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987, permits applicants to pursue a remedy jointly; the Tribunal allowed joinder on that basis.

Source reference: p. 3, para. 2

The Tribunal also relied on its decision dated 03.02.2022 in OA No. 763/2015, as affirmed by the High Court, which directed payment of arrears to eligible applicants for 01.01.1996 to 18.02.2003.

Source reference: pp. 3–4, paras. 3, 9

The present order did not establish automatic entitlement for these applicants; it required individual verification of their eligibility.

Source reference: p. 4, para. 9
04

Reasoning

The Tribunal noted the applicants’ assertion that their pay scales had been upgraded notionally from 01.01.1996 and actually from 19.02.2003, but also recorded the respondents’ objection that they were not similarly situated to the applicants in OA No. 763/2015.

Source reference: p. 4, paras. 5–8

Rather than determine entitlement collectively or set aside the respondents’ order, the Tribunal directed the respondents to examine each applicant’s case individually, treating the present OA as part of the earlier matter and applying the earlier decision as affirmed by the High Court.

Source reference: p. 4, para. 9
05

Holding

The Tribunal disposed of the OA at the admission stage and directed the respondents to consider each applicant’s case individually within four months of receiving the order.

If an applicant is found otherwise eligible, the respondents must extend the benefits of the Tribunal’s judgment as affirmed by the High Court.

Source reference: p. 4, para. 9

The OA was disposed of with no order as to costs.

Source reference: p. 4, para. 10
06

Acts & Sections Cited

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

Administrative Tribunals Act, 19851

CAT - ['Kolkata']

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Swapan DasvsPOSTS

CAT - ['Kolkata'] · October 05, 2026

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