Facts
The applicants, serving and retired Junior Works Managers, sought non-functional grade pay of ₹5,400 from the date each completed four years of regular service in the grade pay of ₹4,800.
Source reference: p. 3They submitted that their claims were covered by the Tribunal’s order dated 9 November 2023 in O.A. No. 969/2018 and connected matters, and asked the Tribunal to direct the respondents to consider their cases accordingly.
Source reference: p. 3The respondents did not oppose disposal on that basis.
Source reference: p. 3Issues
Whether the applicants’ claim for non-functional grade pay of ₹5,400 should be considered in light of the Tribunal’s decision in O.A. No. 969/2018 and connected matters.
Source reference: p. 3Whether the respondents should be directed to determine the applicants’ claims by a reasoned and speaking order within a specified period.
Source reference: p. 3Law Applied
The Tribunal relied on its prior order dated 9 November 2023 in O.A. No. 969/2018 and connected matters as the basis for consideration of the applicants’ claims.
Source reference: p. 3It did not identify or apply any statute or independently determine a substantive rule governing entitlement to the grade pay.
Source reference: p. 3Reasoning
The applicants asserted that their claims were covered by the prior Tribunal decision, and the respondents raised no objection to their request for consideration on that basis.
Source reference: p. 3The Tribunal therefore disposed of the application without deciding whether the applicants were substantively entitled to the higher grade pay.
Source reference: p. 3It treated the O.A. as a representation and required the respondents to assess the claims against the prior decision and give reasons for their determination.
Source reference: p. 3Holding
The Tribunal disposed of the O.A. at the admission stage, directing the respondents to treat it as a representation and decide the applicants’ cases in light of O.A. No. 969/2018 and connected matters by a reasoned and speaking order within 60 days of receiving a certified copy of the order.
The applicants were directed to provide the competent authority with copies of the Tribunal’s order and the O.A.
Source reference: p. 4Original Court PDF
Anup Kumar SahavsDEFENCE
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