Four years in Grade Pay 4,800/- entitles employees to non-functional Grade Pay 5,400/- in rem.

The four applicants, employees of the Central Bureau of Narcotics under the Ministry of Finance, filed this Original Application seeking the grant of Grade Pay (GP) of Rs. 5,400/- on a non-functional basis.

They claimed entitlement to this benefit effective from the date they completed four years of regular service in the Grade Pay of Rs. 4,800/-.

The applicants relied on the implementation of the 6th Central Pay Commission recommendations and asserted that their case is identical to previous judicial precedents where such relief was granted to similarly situated Group-B officers.

Whether the applicants are entitled to the Grade Pay of Rs. 5,400/- on a non-functional basis upon completion of four years of regular service in the Grade Pay of Rs. 4,800/-.

Whether the legal principle established in M. Subramaniam v. Union of India operates as a judgment in rem, requiring the government to extend benefits to all similarly situated employees without forcing individual litigation.

The Tribunal primarily relied on the resolution dated 29.08.2008 issued by the Government of India regarding the 6th Central Pay Commission, which granted GP of Rs. 5,400/- to officers completing four years in the GP of Rs. 4,800/-.

It followed the precedent set by the Madras High Court in M. Subramaniam v. Union of India (W.P. (C) No. 13225/2010), which was affirmed by the Supreme Court.

The Tribunal also invoked Article 14 of the Constitution of India regarding the principle of equality and the doctrine that similarly situated persons must be treated alike, as established in State of Karnataka v. C. Lalitha (2006).

Furthermore, it cited the National Litigation Policy and the Supreme Court's observation in Government of NCT v. Somvir Rana regarding the issuance of circulars for settled principles to save judicial time.

The Tribunal observed that the legal issue regarding non-functional upgradation to GP Rs. 5,400/- is no longer res integra.

By comparing the facts of the present case with M. Subramaniam and previous orders in OA 1004/2021, the Tribunal found the cases to be "squarely covered".

The court reasoned that the four-year service period should be counted from the date an officer enters the GP of Rs. 4,800/-, regardless of whether that placement occurred through regular promotion or financial upgradation under the ACP/MACP schemes.

The Tribunal criticized the respondents for treating the M. Subramaniam judgment as in personam (applying only to the parties involved), holding instead that it is a judgment in rem.

It concluded that denying these benefits to the applicants while granting them to others who approached the court constitutes arbitrary discrimination and a violation of the "equalising principle" of Article 14.

It directed the respondents to grant the applicants the Grade Pay of Rs. 5,400/- on a non-functional basis starting from the date they completed four years of regular service in the GP of Rs. 4,800/-, including instances where that grade was reached via ACP/MACP.

The order includes the provision of all consequential benefits and arrears of pay.

For superannuated applicants, the respondents were directed to revise retiral dues and PPOs accordingly.

Compliance was ordered within 90 days of receipt of the certified copy of the order.