Junior Hindi Translators are ineligible for 4600 Grade Pay absent the requisite pre-revised pay scale.

The applicant, a Junior Hindi Translator (JHT) who retired voluntarily in 2017, challenged orders passed by the respondents denying him a pay structure of Grade Pay (GP) Rs. 4600/- in PB-2 effective from 01.01.2006

He further sought consequential first and second financial up-gradations under the MACP Scheme in GP Rs. 4800/- and Rs. 5400/- respectively

The applicant relied on the Office Memorandum (OM) dated 13.11.2009 and several judicial precedents, including T.P. Leena v. UoI, where similarly placed JHTs were granted the upgrade

The respondents contended that JHTs were specifically assigned GP Rs. 4200/- by the 6th Central Pay Commission (CPC), while GP Rs. 4600/- was reserved for Senior Hindi Translators

They argued that the OM dated 13.11.2009 applied only to posts already in the pre-revised scale of Rs. 6500-10500 as of 01.01.2006

1. Whether a Junior Hindi Translator (JHT) is entitled to the Grade Pay of Rs. 4600/- effective from 01.01.2006 under the CCS (Revised Pay) Rules, 2008 and the OM dated 13.11.2009

2. Whether the Tribunal is bound by prior coordinate bench decisions granting such relief despite specific 6th CPC recommendations and a dissenting view from the Delhi High Court

The court applied the CCS (Revised Pay) Rules, 2008, specifically Parts B and C of the First Schedule, which prescribed revised pay scales and grade pays following the 6th CPC

It relied on the Ministry of Home Affairs (MHA) OM dated 24.11.2008, which explicitly fixed GP Rs. 4200/- for JHTs and GP Rs. 4600/- for Senior Translators

The court also applied the principle established in Union of India v. Indian Navy Civilian Design Officers Association, holding that the determination of pay scales is an executive function and courts should not perform job evaluations typically handled by expert bodies like Pay Commissions

Finally, the court followed the reasoning of the Delhi High Court in UoI v. Anjani, which held that GP Rs. 4600/- is only applicable to those who held a pre-revised scale of Rs. 6500-10500 as of 01.01.2006

The Tribunal found that under the 6th CPC recommendations (para 7.19.68), JHTs were explicitly placed in the pay scale of Rs. 6500-10500 with GP Rs. 4200/-, whereas GP Rs. 4600/- was designated for Senior Translators

The court noted that the OM dated 13.11.2009 permitted an upgrade to GP Rs. 4600/- only for posts that were already in the pre-revised scale of Rs. 6500-10500 prior to 01.01.2006

Since JHTs were in the pre-revised scale of Rs. 5500-9000 as of that date, they did not satisfy the mandatory condition for the upgrade

The Tribunal observed that the administrative ministry had correctly rejected the applicant’s request as he had misinterpreted the rules

Furthermore, the court emphasized that any such upgradation required consultation with the Department of Expenditure, which was absent here

Rejecting the applicant's reliance on T.P. Leena, the Tribunal held that "discipline in public finance" requires strict adherence to rules and expert recommendations over judicial parity in complex pay matters

It held that Junior Hindi Translators are not entitled to Grade Pay of Rs. 4600/- w.e.f. 01.01.2006 as it was neither recommended by the 6th CPC nor sanctioned by the cadre controlling authority or the Department of Expenditure

The request for consequential MACP benefits based on the higher grade pay was similarly rejected