Akhil Soni vs CGST AND CENTRAL EXCISE on 30 October 2026

O R D E R

By Justice Om Prakash VII, Member (J) Heard Shri S.K Vishwakarma, learned counsel for the applicants and Shri Chakrapai Vatsyayan, learned counsel for the respondents.

2. The present O.A has been filed by the applicant under section 19 of Administrative Tribunal Act, 1985 seeking following reliefs:- “(i) hold and declare that the applicants are entitled to be placed and have their pay fixed in the non-functional grade pay of Rs. 5400/- in PB-2 w.e.f. dates they completed four years of regular service in the grade pay of Rs. 4800/- with all consequential benefits.

(ii) Issue a suitable time bound order or direction to the respondents to release entire arrears of salary and other emoluments payable to the applicants in consequence of grade pay of Rs. 5400/- along with reasonable rate of interest.

(iii) The cost of O may be allowed to the applicant.

(iv) Any other order as deem just and proper may be passed”.

3. Learned counsel for the applicants submitted that the applicants are entitled to be placed in the non-functional grade pay of Rs. 5,400/- in Pay Band-2 upon completion of four years of regular service in the grade pay of Rs. 4,800/-. It is contended that the applicants have submitted a representation dated 02.06.2026 (Annexure A-1) before the competent authority seeking grant of the aforesaid benefit, but the same has not been decided. Learned counsel for the applicants further submitted that the competent authority may be directed to consider and decide the said representation by passing a reasoned and speaking order within a stipulated period and to grant all consequential benefits, including arrears of salary and interest, in accordance with the applicable rules.

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4. Learned counsel for the respondents opposes the prayer made by learned counsel for the applicants. He submitted that the applicants are not entitled to any relief as a matter of right without examination of their eligibility under the applicable rules and instructions governing the grant of the non-functional grade pay of Rs. 5,400/-. It is further submitted that the claim of the applicants, including their entitlement to the said grade pay and consequential financial benefits, requires consideration by the competent authority in accordance with the applicable rules and the relevant facts of the case. Therefore, no direction for direct grant of the claimed financial benefits is warranted at this stage.

5. We have considered the rival submissions of learned counsel for the parties. Without expressing any opinion on the merits of the claim, we deem it appropriate to dispose of the present O.A. at the admission stage itself, with a direction to the competent authority amongst the respondents to consider and decide the applicants' representation dated 02.06.2026 (Annexure A-1) by passing a reasoned and speaking order within a period of three months from the date of receipt of a certified copy of this order. The decision so taken shall be communicated to the applicants forthwith.

6. In view of the above directions, the O.A. is disposed of. There shall be no order as to costs. All pending M.As., if any, also stand disposed of.

(Manju Pandey) (Justice Om Prakash –VII)

Member (A)

Member (J)

Manish

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