OT Assistants are entitled to provisional Grade Pay of ₹2,400 with arrears from 22 August 2014.

The ten applicants, employed as OT Assistants under the Employees’ State Insurance Corporation (ESIC), challenged the decision/order dated 11/12 July 2025 issued by the Medical Superintendent, ESIC Medical College, Kalaburagi, insofar as it denied them the benefit of Grade Pay of ₹2,400 in the Pay Band of ₹5,200–20,200, corresponding to the pre-revised scale of ₹4,000–6,000.

They sought fixation of the higher Grade Pay from the date of their appointments and payment of consequential arrears from 22 August 2014, or from the respective dates of appointment, whichever was later.

With the consent of counsel, the Tribunal took up the matter for final disposal.

Whether the applicants, as OT Assistants, were entitled to Grade Pay of ₹2,400 in the Pay Band of ₹5,200–20,200.

Whether the applicants were entitled to arrears of pay from 22 August 2014, or from the dates of their appointments, subject to the conditions governing the provisional grant of the higher Grade Pay.

The Tribunal applied the principle of parity and followed its earlier decision in Jagadish G. & Ors. v. Union of India & Ors., OA No. 346/2022, dated 1 February 2024, which had granted OT Assistants and CSSD/CSR Assistants the benefit of Grade Pay of ₹2,400 on a provisional basis.

That decision itself relied on the Tribunal’s order in OA No. 2995/2014 dated 19 April 2016, granting provisional arrears from 22 August 2014 without interest.

The Tribunal also noted that the relevant entitlement had been confirmed by the Karnataka High Court in WP No. 1872/2021 and connected matters, decided on 25 September 2020.

The provisional benefit was subject to the outcome of WP No. 18/2015 and connected proceedings before the Delhi High Court, with the applicants required to undertake repayment if the higher Grade Pay was ultimately disallowed.

The Tribunal found that the applicants’ claim was squarely covered by the earlier decision in Jagadish G., which had extended the provisional Grade Pay benefit and arrears to similarly situated OT Assistants on the basis of parity.

Since the applicants belonged to the same category and raised the same claim, the Tribunal held that they were entitled to identical treatment.

Accordingly, the relief was granted on the same provisional terms, including arrears from 22 August 2014, without interest, subject to the outcome of the pending Delhi High Court proceedings and the applicants’ undertaking to permit recovery in the event of an adverse decision.

The applicants were consequently entitled, on a provisional basis, to Grade Pay of ₹2,400 and consequential arrears from 22 August 2014, or the applicable date under the governing directions, without interest, subject to the pending litigation and recovery undertaking.

The challenged order was therefore superseded to that extent, and there was no order as to costs.