THE HON’BLE SRI JUSTICE SANJAY KUMAR ANDTHE HON’BLE SRI JUSTICE M.GANGA RAOWRIT PETITION NO.39218 OF 2012

THE HON’BLE SRI JUSTICE SANJAY KUMAR ANDTHE HON’BLE SRI JUSTICE M.GANGA RAOWRIT PETITION NO.39218 OF 2012ORDER 

:

(per SK,J)

The Government of India and its officials in the CustomsDepartment filed this writ petition aggrieved by the order dated30.03.2012 passed by the Central Administrative Tribunal, HyderabadBench, Hyderabad, in O.A.No.1051 of 2010. The said O.A. was filed byrespondents 1 to 14 herein questioning the proceedings dated 16.09.2009issued by the Government of India through the Central Board of Customsand Central Excise, New Delhi, holding that non-functional grade paywould not be granted to Group-B Officers, who had got the grade pay ofRs.4,800/- on upgradation under the Assured Career Progression Scheme.They also sought a consequential direction to the authorities to granthigher grade pay of Rs.5,400/- with effect from the date of completion ofregular service of four years in the grade pay of Rs.4,800/- (pre-revisedRs.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 of2010, whereby it was held that the petitioner therein was entitled to gradepay of Rs.5,400/- after completion of four years of regular service in thegrade pay of Rs.4,800/- in Pay Band-II. The Madras High Courtaccordingly granted relief with effect from 01.01.2008 to the petitioner inthat case as per the Resolution dated 29.08.2008. Following theaforestated judgment, the Tribunal held that the applicants before it, whohad been placed in grade pay of Rs.4,800/- and had completed four yearsin that scale, were also entitled to the higher pay scale of Rs.5,400/- with

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effect from their respective dates of completion of regular service of fouryears 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 ofthe matter in the light of an appeal having been filed by the Governmentof India against the judgment of the Madras High Court in W.P.No.13225of 2010, it was made clear that relief granted to the applicants would besubject to the decision of the Supreme Court in the Special Leave Petitionarising 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 

 orderdated 10.10.2017.In that view of the matter, it is not open to the Government ofIndia and its officials in the Customs Department to continue to maintain achallenge against the order passed by the Tribunal following theaforestated judgment of the Madras High Court, which was approved bythe 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

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