01Facts
The applicants, employees in the Naval Armament Inspection Organisation, were placed in the pay scale of ₹5,000–8,000 following implementation of the Fifth Central Pay Commission.
p. 9 · ¶ 9They sought the higher scale of ₹5,500–9,000, relying on the Kerala High Court’s judgment dated 20 July 2017 concerning parity between similarly placed employees, and on subsequent proceedings in which benefits were extended to other employees.
pp. 4–7 · ¶ 1–5The respondents opposed the claim, relying on differences in duties, the Anomaly Committee’s findings, lack of Ministry of Finance approval, and limitation.
pp. 7–9 · ¶ 6–7The Tribunal noted that the applicants’ request remained under consideration and that comparable employees had received the benefit.
pp. 4–6 · ¶ 2–402Issues
i.1. Whether the applicants, as employees said to be similarly situated to employees who had obtained the higher pay scale, were entitled to the same benefit.
pp. 11–12 · ¶ 12–15ii.2. Whether the respondents’ reliance on lack of Ministry of Finance approval and limitation justified denying the applicants the claimed benefit.
pp. 11–12 · ¶ 12–1303Law Applied
The Tribunal relied on the principle of equal treatment in service matters, citing State of Karnataka v. C. Lalitha, (2006) 2 SCC 747, and State of Uttar Pradesh v. Arvind Kumar Srivastava, (2015) 1 SCC 347: employees who are identically situated should ordinarily receive the same relief, and differential treatment without a valid distinction may violate Article 14 of the Constitution.
p. 12 · ¶ 14It also relied on the Kerala High Court’s judgment dated 20 July 2017, which directed reconsideration of the pay anomaly in light of the authorities’ earlier findings and financial implications.
pp. 9–11 · ¶ 10The Tribunal treated the direction in O.A. No. 257 of 2023 as a further basis for granting the applicants the pay scale of ₹5,500–9,000.
p. 7, 12 · ¶ 5, 1504Reasoning
The Tribunal found that the applicants were in the ₹5,000–8,000 pay scale and that the respondents had not established a material distinction between their cases and those of employees who had obtained the higher scale.
pp. 9, 11–12 · ¶ 9, 13, 15It considered the Ministry of Finance’s non-approval insufficient, by itself, to defeat the claim, particularly given the earlier decisions and the prolonged pendency of the matter.
p. 11 · ¶ 12It also declined to allow the limitation objection to defeat the substantive claim, reasoning that similarly situated employees had already received relief.
p. 11 · ¶ 1305Holding
The Tribunal allowed the O.A. and held that the applicants were entitled to the relief granted in O.A. No. 257 of 2023.
p. 12 · ¶ 15–16The applicable direction in that decision was to grant the applicants there the pay scale of ₹5,500–9,000 within three months of receipt of a certified copy.
p. 7 · ¶ 5The order in this case states that the present applicants’ relief is to be extended within the stipulated period; it refers to paragraph 12 of O.A. No. 257 of 2023, although the quoted three-month direction appears at paragraph 13 of that decision.
p. 7, 12 · ¶ 5, 15–16No order as to costs.
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S BABU RAOvsDEFENCE
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