Official Language Cadre employees are entitled to post-revision Grade Pay and consequential MACPS benefits based on settled parity.

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.

The respondents, who are retired or serving official language cadre employees (Junior/Senior Translators) under the Central Silk Board (CSB), claimed entitlement to a revised Grade Pay of Rs. 4600/- effective from 01.01.2006 and subsequent financial upgradations under the Modified Assured Career Progression Scheme (MACPS).

Following the 6th Central Pay Commission, the Ministry of Finance revised the pay structure for the Central Secretariat Official Language Service (CSOLS), which was later extended to subordinate offices via communications in 2010.

The Union of India contended that MACPS benefits should follow the standard hierarchy of Grade Pay levels rather than the revised scales claimed.

1. Whether members of the official language cadre under the Central Silk Board are entitled to the Grade Pay of Rs. 4600/- with effect from 01.01.2006 and consequential financial upgradations under the MACPS.

The Court applied the Modified Assured Career Progression Scheme (MACPS) per Office Memorandum dated 19.05.2009, which grants financial upgradations at 10, 20, and 30 years of service.

The Full Bench decision of the CAT Ernakulum Bench in OA No. 953/2012, which held that Junior Hindi Translators in subordinate offices are entitled to Grade Pay of Rs. 4600/- from 01.01.2006.

This precedent was affirmed by the Kerala High Court in O.P. (CAT) No. 142/2014 and attained ultimate finality upon the dismissal of the Special Leave Petition by the Supreme Court in SLP (C) No. 23053/2016.

Union of India v. M.V. Mohanan Nair, regarding the standard hierarchy of MACPS.

The Court reasoned that the legal status of Junior Hindi Translators regarding the revised Grade Pay of Rs. 4600/- is no longer res integra as it was authoritatively settled by prior litigation that reached the Supreme Court.

Once the feeder post's Grade Pay was revised to Rs. 4600/- effective from 01.01.2006, the consequential MACPS benefits must be recalculated based on that revised starting point.

In service jurisprudence, consistency in judicial approach is a facet of the right to equality.

The Court rejected the petitioners' attempt to use general MACPS principles from the M.V. Mohanan Nair case to dilute specific binding precedents governing this particular cadre.

The Court found the Tribunal’s direction for individual service verification to be a sufficient safeguard for the administration.

The Court dismissed the writ petitions and directed the petitioners to comply with the Tribunal's orders within the stipulated timeframe, affirming that similarly situated employees must be treated consistently under the settled legal position.

No order as to costs was made.