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    WP 39218 2012

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    Vigneshwar Raju Prathikantam
    The document is an order from a writ petition filed by the Government of India and Customs officials challenging a Central Administrative Tribunal order. The Tribunal order had directed authorities to grant a higher grade pay of Rs. 5,400 to employees who had completed four years of service in the grade pay of Rs. 4,800, following a similar Madras High Court judgment. However, the Tribunal made relief subject to the pending Supreme Court decision on the matter. The Supreme Court has now confirmed the Madras High Court judgment. Therefore, the Government cannot maintain its challenge against the Tribunal order. As a result, the writ petition is dismissed.

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    WP 39218 2012

    Uploaded by

    Vigneshwar Raju Prathikantam
    20K views3 pages
    The document is an order from a writ petition filed by the Government of India and Customs officials challenging a Central Administrative Tribunal order. The Tribunal order had directed authorities to grant a higher grade pay of Rs. 5,400 to employees who had completed four years of service in the grade pay of Rs. 4,800, following a similar Madras High Court judgment. However, the Tribunal made relief subject to the pending Supreme Court decision on the matter. The Supreme Court has now confirmed the Madras High Court judgment. Therefore, the Government cannot maintain its challenge against the Tribunal order. As a result, the writ petition is dismissed.

    Original Description:

    HYDERABAD HIGH COURT ORDER ON 5400 GRADE PAY

    Original Title

    wp_39218_2012

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    The document is an order from a writ petition filed by the Government of India and Customs officials challenging a Central Administrative Tribunal order. The Tribunal order had directed authorities to grant a higher grade pay of Rs. 5,400 to employees who had completed four years of service in the grade pay of Rs. 4,800, following a similar Madras High Court judgment. However, the Tribunal made relief subject to the pending Supreme Court decision on the matter. The Supreme Court has now confirmed the Madras High Court judgment. Therefore, the Government cannot maintain its challenge against the Tribunal order. As a result, the writ petition is dismissed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    20K views3 pages

    WP 39218 2012

    Uploaded by

    Vigneshwar Raju Prathikantam
    The document is an order from a writ petition filed by the Government of India and Customs officials challenging a Central Administrative Tribunal order. The Tribunal order had directed authorities to grant a higher grade pay of Rs. 5,400 to employees who had completed four years of service in the grade pay of Rs. 4,800, following a similar Madras High Court judgment. However, the Tribunal made relief subject to the pending Supreme Court decision on the matter. The Supreme Court has now confirmed the Madras High Court judgment. Therefore, the Government cannot maintain its challenge against the Tribunal order. As a result, the writ petition is dismissed.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    THE HON’BLE SRI JUSTICE SANJAY KUMAR

    AND
    THE HON’BLE SRI JUSTICE M.GANGA RAO

    WRIT PETITION NO.39218 OF 2012

    ORDER: (per SK,J)

    The Government of India and its officials in the Customs

    Department filed this writ petition aggrieved by the order dated

    30.03.2012 passed by the Central Administrative Tribunal, Hyderabad

    Bench, Hyderabad, in O.A.No.1051 of 2010. The said O.A. was filed by

    respondents 1 to 14 herein questioning the proceedings dated 16.09.2009

    issued by the Government of India through the Central Board of Customs

    and Central Excise, New Delhi, holding that non-functional grade pay

    would not be granted to Group-B Officers, who had got the grade pay of

    Rs.4,800/- on upgradation under the Assured Career Progression Scheme.

    They also sought a consequential direction to the authorities to grant

    higher grade pay of Rs.5,400/- with effect from the date of completion of

    regular service of four years in the grade pay of Rs.4,800/- (pre-revised

    Rs.7500-12000).

    By the order under challenge, the Tribunal took note of the

    judgment dated 06.09.2010 of the Madras High Court in W.P.No.13225 of

    2010, whereby it was held that the petitioner therein was entitled to grade

    pay of Rs.5,400/- after completion of four years of regular service in the

    grade pay of Rs.4,800/- in Pay Band-II. The Madras High Court

    accordingly granted relief with effect from 01.01.2008 to the petitioner in

    that case as per the Resolution dated 29.08.2008. Following the

    aforestated judgment, the Tribunal held that the applicants before it, who

    had been placed in grade pay of Rs.4,800/- and had completed four years

    in that scale, were also entitled to the higher pay scale of Rs.5,400/- with
    2

    effect from their respective dates of completion of regular service of four

    years in the grade pay of Rs.4,800/- (pre-revised scale of 7500-12000).

    However, taking note of the fact that the Supreme Court was seized of

    the matter in the light of an appeal having been filed by the Government

    of India against the judgment of the Madras High Court in W.P.No.13225

    of 2010, it was made clear that relief granted to the applicants would be

    subject to the decision of the Supreme Court in the Special Leave Petition

    arising out of the Madras High Court judgment.

    We are now informed that the Supreme Court confirmed the

    judgment of the Madras High Court in W.P.No.13225 of 2010 and Civil

    Appeal No.3893 of 2011 arising therefrom along with SLP (Civil)

    Nos.23513 & 3189 of 2015 and 17576 of 2017 were dismissed vide order

    dated 10.10.2017.

    In that view of the matter, it is not open to the Government of

    India and its officials in the Customs Department to continue to maintain a

    challenge against the order passed by the Tribunal following the

    aforestated judgment of the Madras High Court, which was approved by

    the Supreme Court.

    The writ petition is devoid of merit and is accordingly dismissed.

    Pending miscellaneous petitions, if any, shall also stand dismissed.

    No order as to costs.

    _______________
    SANJAY KUMAR,J

    ______________
    M.GANGA RAO,J
    Date:16.04.2018

    GJ
    3

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