THE GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY AND THE FINANCIAL ADVISER AND CHIEF ACCOUNTS OFFICER Vs. THE REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH

JUDGEMENT

(1.) THE official respondents in O.A. Nos. 1075, 993, 1009, 1008, 1007 and 1063 of 2010 respectively, had filed these writ petitions challenging the final orders passed by the Central Administrative Tribunal, Madras Bench, in the above said Original Applications. O.A. Nos. 1063 and 1075 of 2010 were filed by the respective private respondents in W.P. Nos. 1078 and 18262/2012 seeking to declare Clause 10 and para 20 of Annexure I of Office Memorandum No. 35034/3/2008 Estt (D) dated 19.5.2009, as ultra vires and to quash the order dated 17.6.2010, passed by the Railway Board Service, New Delhi, with a consequential prayer for re -fixation of the pay by granting financial upgradation on the basis of length of service in the post of SO/Sr. SSO/Sr. ISA with consequential benefits. O.A. Nos. 993, 1007, 1008 and 1009 of 2010 were filed by the respective private respondents in W.P. Nos. 10046 to 10049/2012 seeking to quash the Office Memorandum dated 5.11.2009, issued by the third respondent/third petitioner herein viz. The Financial Adviser and Chief Administrative Officer, Southern Railway, Chennai, and to direct the respondents therein to extend the Grade Pay of Rs. 5400/ - with effect from the date, on which, their juniors were upgraded or with effect from 1.1.2006, with reference to their date of entry in the post of Senior Section Officers on the principle placing the Section Officers in the next higher grade carrying Grade Pay of Rs. 4800/ - in pay band PB -2 of Rs. 9300 -34800 that corresponds to the pre -revised pay scale of Rs. 7450 -11500, which places the posts of Section Officer and Assistant Accounts/Audit Officer in an identical pay scale, thus necessitating the upgradation of the latter category which were merged in the pay band PB -2 of Rs. 9300 -34800 along with grade pay of Rs. 5400/ -, whichever is earlier.

(2.) THE facts necessary for the disposal of these writ petitions, are as follows:

(3.) THE fact remains that consequent to the implementation of the MACP Scheme, senior employees, who got promotion, are deprived of third MACP, whereas their juniors are availing the benefit of the same by getting Grade Pay of Rs. 5400/ -, but their seniors are getting Grade Pay of Rs. 4800/ - only. The Tribunal in the impugned orders passed in the Original Applications, has referred to its earlier orders passed in O.A. Nos. 966 and 967 of 2009, and following the same, has allowed the Original Applications.