OT and CSR/CSSD Assistants are entitled to provisional Grade Pay of Rs. 2,400 with arrears from 22 August 2014.

The 41 applicants, employed as CSR Assistants, OT Assistants, CSSD/CSR Assistants and related technical staff under the Employees’ State Insurance Corporation (“ESIC”), challenged Order No. 532/GLBMC/A/20/11/MISCELLANEOUS/ESTT, 2023 Part-I, dated 11–12 July 2025, issued by the third respondent.

They sought fixation of Grade Pay of ₹2,400 in the pre-revised Pay Band of ₹5,200–20,200, corresponding to the pre-revised scale of ₹4,000–6,000, from the date of their respective appointments, together with consequential benefits and arrears from 22 August 2014 or the date of appointment, whichever was later.

With the consent of the parties, the Tribunal took up the application for final disposal.

The applicants relied upon the Tribunal’s earlier decision in Jagadish G. & Ors. v. Union of India & Ors., OA No.346/2022, dated 1 February 2024, which had been confirmed by the Karnataka High Court in W.P. No.1872/2021 and connected matters.

Whether the applicants, serving as CSR/OT/CSSD Assistants and similarly situated employees of ESIC, were entitled to Grade Pay of ₹2,400 in the relevant pay band from the date of their appointments.

Whether the applicants were entitled to arrears of the higher Grade Pay from 22 August 2014 or the respective dates of appointment, subject to the conditions applicable to similarly placed employees.

Whether the applicants’ claims were governed by the Tribunal’s earlier decisions granting provisional higher Grade Pay and arrears to similarly situated OT and CSSD/CSR Assistants.

The Tribunal applied the principle of parity with similarly situated ESIC employees and followed its earlier decision in Jagadish G. & Ors. v. Union of India & Ors., OA No.346/2022, dated 1 February 2024, which had been confirmed by the Karnataka High Court in W.P. No.1872/2021 and connected matters.

It also relied upon the order in OA No.2995/2014 dated 19 April 2016, under which provisional Grade Pay of ₹2,400 and arrears were granted to OT Assistants and CSSD/CSR Assistants from 22 August 2014, without interest, subject to the outcome of W.P. No.18/2015 and connected proceedings before the Delhi High Court.

The governing rule was that similarly situated applicants were entitled to equivalent provisional monetary benefits on grounds of parity, subject to an undertaking permitting recovery if the pending judicial proceedings ultimately rejected the claim to the higher Grade Pay.

The Tribunal found that the applicants’ claim was squarely covered by the earlier decision in Jagadish G., which had already applied the principle of parity to employees holding the same or comparable posts.

Since the earlier decision granted provisional Grade Pay of ₹2,400 and arrears from 22 August 2014 to similarly situated OT and CSSD/CSR Assistants, the applicants were held entitled to the same treatment.

The benefit was necessarily provisional, would carry no interest, and would remain subject to the outcome of the pending proceedings and the applicants’ undertaking to permit recovery in the event the higher Grade Pay was ultimately disallowed.

On that basis, the Tribunal disposed of the application in terms identical to the earlier decision.

The applicants were consequently entitled to provisional fixation of Grade Pay of ₹2,400 and consequential arrears from 22 August 2014, or the applicable date of appointment as governed by the earlier order, without interest, subject to the outcome of the pending judicial proceedings and their undertaking to permit recovery if the higher Grade Pay was ultimately held impermissible.

No order was made as to costs.