Facts
The applicant was appointed as a Junior Hindi Translator (JHT) on September 9, 2010, through the Staff Selection Commission.
Source reference: p. 2Upon joining, he was placed in the pay scale of Rs. 9300–34800 with a Grade Pay (GP) of Rs. 4200 under the 6th Central Pay Commission (CPC).
Source reference: p. 2The applicant contended that per Ministry of Finance Office Memorandums (OMs) dated November 24, 2008, and November 13, 2009, JHTs in subordinate offices should be at par with the Central Secretariat Official Language Service (CSOLS), entitling them to a GP of Rs. 4600.
Source reference: p. 2The respondents rejected his representation on December 5, 2019, arguing that the GP of Rs. 4600 applied only to posts that were in the pre-revised scale of Rs. 6500–10500 as of January 1, 2006, whereas the applicant’s post was in the lower scale of Rs. 5000–8000.
Source reference: p. 3Issues
1. Whether the applicant, as a Junior Hindi Translator in a subordinate office, is entitled to the Grade Pay of Rs. 4600 in Pay Band-2 effective from his date of joining.
Source reference: p. 1-2 / para. 22. Whether the benefits of OM dated November 13, 2009, regarding the upgradation of Grade Pay from Rs. 4200 to Rs. 4600, apply to Hindi Translators posted outside the CSOLS cadre.
Source reference: p. 3-4 / para. 4Law Applied
The court primarily applied the Ministry of Finance, Department of Expenditure OMs dated 24.11.2008 and 13.11.2009, which mandated that Official Language posts in subordinate offices be granted pay parity with CSOLS posts.
Source reference: p. 7-8The court relied on the principle of stare decisis and the doctrine of equality in service jurisprudence, citing Inder Pal Yadav v. Union of India (1985) and State of Karnataka v. C. Lalitha (2006), which establish that once a court grants relief to an employee, similarly situated employees must be extended the same benefit without being forced into litigation.
Source reference: p. 9, 10The court followed precedents from the CAT Ernakulam Bench in P. Jeewadarsan v. Regional Passport Officer (OA 407/2020) and the CAT Principal Bench in Satish Chander Dabral v. Union of India (OA 2450/2023).
Source reference: p. 4, 10Reasoning
The Tribunal found that the controversy regarding the Grade Pay of JHTs was no longer res integra (an open question).
Source reference: p. 6The Tribunal reasoned that the OM dated 24.11.2008 effectively upgraded the pay scale of JHTs in subordinate offices to the pre-revised scale of Rs. 6500–10500 (GP Rs. 4200) w.e.f. 01.01.2006 to ensure parity with CSOLS. Consequently, when the subsequent OM dated 13.11.2009 further upgraded all posts in the Rs. 6500–10500 bracket to a GP of Rs. 4600, the benefit automatically extended to JHTs who had been brought into that bracket by the 2008 OM.
Source reference: p. 8The Tribunal rejected the respondents' argument regarding "hierarchical repercussions," noting that multiple Benches and the Supreme Court (in the SLP arising from OA 407/2020) had already affirmed the entitlement of JHTs to the higher GP. Since the applicant was identically situated to the petitioners in the cited cases, he was entitled to the same treatment.
Source reference: p. 4, 6, 10, 11Holding
The Tribunal allowed the Original Application and set aside the impugned order dated 05.12.2019.
The Tribunal held that the applicant is entitled to the Grade Pay of Rs. 4600 in Pay Band-2 effective from his date of joining (09.09.2010), rather than 01.01.2006, as he entered service later.
Source reference: p. 10-11The respondents were directed to take a fresh decision following the precedents of the CAT Ernakulam and Principal Benches, release all consequential benefits and arrears within eight weeks of the order, and complete the process within a further period of two months. No order as to costs was made.
Source reference: p. 11Original Court PDF
DINESH SINGHvsPSP
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