Facts
The petitioners (Union of India/Central Silk Board) challenged a common judgment dated 06.06.2023 passed by the Central Administrative Tribunal (CAT), Guwahati Bench.
Source reference: para. 2Following the 6th Central Pay Commission recommendations, the Ministry of Finance revised the pay structure for the Official Language Cadre in the Central Secretariat Official Language Service (CSOLS) effective 01.01.2006.
Source reference: paras. 7-8This revised structure, which placed Senior Translators in the Grade Pay (GP) of ₹4,600 and Junior Translators in GP ₹4,200, was later extended to subordinate offices via communications in 2010.
Source reference: para. 9The respondents, belonging to the Official Language cadre of the Central Silk Board (CSB), sought placement in the GP of ₹4,600 from 01.01.2006 and consequential financial upgradations under the Modified Assured Career Progression Scheme (MACPS).
Source reference: para. 3The CAT ruled in favor of the respondents, a decision the Union of India contested in these writ petitions.
Source reference: paras. 4-5Issues
1. Whether members of the Official Language cadre under the Central Silk Board (subordinate offices) are entitled to the Grade Pay of ₹4,600/- with effect from 01.01.2006 and consequential financial upgradations under the MACPS.
Source reference: para. 3Law Applied
Office Memorandum dated 24.11.2008 and Corrigendum dated 27.11.2008 regarding the 6th CPC revised pay structure.
Source reference: paras. 7-8Doctrine of judicial discipline and finality of litigation, citing the Full Bench decision of the CAT Ernakulum Bench in OA No. 953/2012, which was affirmed by the Kerala High Court in O.P. (CAT) No. 142/2014 and eventually by the Supreme Court in SLP (C) No. 23053/2016.
Source reference: paras. 13-17Modified Assured Career Progression Scheme (MACPS) guidelines per OM dated 19.05.2009.
Source reference: para. 10Distinction of the principle in Union of India vs. M. V. Mohanan Nair regarding standard hierarchy.
Source reference: para. 18Reasoning
The Court observed that the issue was no longer res integra as it had been conclusively settled by the Full Bench of the CAT and affirmed by both the Kerala High Court and the Supreme Court.
Source reference: paras. 12-16The petitioners' attempt to rely on M. V. Mohanan Nair to argue that MACPS benefits must follow a standard GP hierarchy was rejected; the Court held that this did not dilute the specific entitlement of Junior/Senior Hindi Translators in subordinate offices to the GP of ₹4,600 as established by prior binding precedents.
Source reference: paras. 18-19The Court emphasized that in service jurisprudence, consistency in judicial approach toward similarly situated employees is a facet of the right to equality.
Source reference: para. 23Since the respondents were identically situated to those in the settled Kerala cases, they were entitled to the same benefits.
Source reference: para. 22Holding
The High Court dismissed the writ petitions, affirming the CAT’s judgment.
The Court held that the respondents are entitled to the Grade Pay of ₹4,600 with effect from 01.01.2006 and corresponding MACPS benefits.
Source reference: paras. 3, 22The Court directed the petitioners to comply with the CAT’s orders, including the verification of individual service particulars and the release of monetary arrears, within the stipulated time.
Source reference: paras. 24, 26Original Court PDF
Union Of India And 5 Ors.vsSri Gojen Taye And Anr
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