Facts
The ten applicants, including two widows of deceased employees, sought Non-Functional Grade (NFG) Grade Pay of ₹5,400 in Pay Band-II after completing four years of regular service in Grade Pay of ₹4,800.
Source reference: pp. 2–5They had retired before receiving that benefit and sought consequential arrears and revision of pension or family pension.
Source reference: pp. 2–5After making representations in January and August–September 2026, they filed this application under Section 19 of the Administrative Tribunals Act, 1985.
Source reference: pp. 2–5The respondents did not dispute that the issue had previously been decided by the Tribunal and the Madras High Court, with the High Court’s decision affirmed by the Supreme Court.
Source reference: pp. 2–5Issues
1. Whether the applicants were entitled to the NFG Grade Pay of ₹5,400 upon completing four years of regular service in Grade Pay of ₹4,800, notwithstanding their retirement.
Source reference: pp. 2–4, 82. Whether the benefit of the earlier decisions on this pay-fixation issue should be extended to the applicants, with consequential arrears and revision of pension or family pension.
Source reference: pp. 5–6Law Applied
Section 19 of the Administrative Tribunals Act, 1985, provides the basis for an application to the Tribunal.
Source reference: p. 2The Ministry of Finance (Department of Expenditure) resolution dated 29 August 2008 provides for Grade Pay of ₹5,400 in PB-II on a non-functional basis after four years of regular service in Grade Pay of ₹4,800 for the covered employees.
Source reference: p. 3In M. Subramaniam v. Union of India, the Madras High Court directed grant of the benefit from the date the employee completed the qualifying service; that decision was affirmed by the Supreme Court.
Source reference: pp. 3–4, 8The Tribunal also relied on its decision in Pradeep Kumar & Ors. v. Union of India & Ors., O.A. No. 1005/2019, and reiterated that judgments concerning uniform government pay policies should be applied in rem to similarly situated employees, rather than confined to the original litigants.
Source reference: pp. 4–6Reasoning
The Tribunal found that the applicants had completed four years of regular service in Grade Pay of ₹4,800 before retirement and that their claims therefore fell within the rule established by the 2008 resolution and M. Subramaniam.
Source reference: pp. 3, 8The respondents did not dispute the prior decisions on the issue.
Source reference: p. 5Given the uniform nature of the applicable pay policy and earlier Tribunal directions to extend the benefit in rem, the Tribunal held that the applicants should receive the same treatment as similarly situated employees, including those covered by the earlier decisions.
Source reference: pp. 5–6Holding
The Tribunal allowed the application and directed the respondents to extend to the applicants the benefit recognised in Pradeep Kumar.
As the applicants had retired, the respondents were directed to pay the resulting arrears and revise their pension or family pension within four months of receiving a certified copy of the order.
Source reference: p. 7No costs were awarded.
Source reference: p. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Administrative Tribunals Act, 19851
Original Court PDF
Dev narayan Tiwari and othersvsDepartment of Defence Production
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Original judgment, available to read, download and summarize on LawLens.in
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