Narayan Nanda vs ORDNANCE FACTORY on 5 November 2026

O R D E R

SUDHI RANJAN MISHRA, MEMBER (J):

The applicants have filed this OA challenging the action of the respondents in not granting the Scale of Pay of Rs. 5,500-9,000/- to

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Jr. Hindi Translator w.e.f. dated 05.12.2002 notionally and on actual basis w.e.f. dated 11.02.2003 and have prayed for the following reliefs: “(i) To quash the order of rejection dtd.05.02.2026 under Ann-A/10 Series;

(ii) And to direct the Respondents to grant pay scale of Rs.5,500-9,000/- w.e.f. dtd. 05.12.2002 notionally and actual basis w.e.f. dtd. 11.02.2003 to 31.12.2005.

(iii) And to further direct the Respondents to revise the pay w.e.f. 01.01.2006 and 01.01.2016 respectively and pay the consequential financial benefits; And pass any other order as this Hon'ble Tribunal deems fit and proper in the interest of justice; And for which act of your kindness the applicant as in duty bound shall ever pray.”

2. During the course of hearing, the learned Counsel for the applicants has submitted that the same issue has already been adjudicated by the different Benches of this Tribunal. It is submitted that, the Decision rendered by the Principal Bench of this Tribunal vide order dated 20.01.2023 in O.A. No. 2474/2015 (Shri Manoj Kumar & ors. v. UOI & ors.) has already been implemented by the Respondents vide Order dated 16.08.2023 (A/8). It is further submitted that recently the Kolkata Bench of this Tribunal has considered the said issue in O.A. No.1623/2019 vide order dated 26.11.2024 (Smt. Rita Shaw & ors. v. UOI & ors.) and passed an order after considering the issue in details, which has also been implemented by the Respondents.

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3. It is the case of the applicant that, the order dated 20.01.2023 passed by the Principal Bench in O.A. No. 2474/2015 is judgment in rem and the said benefit already extended to other similarly placed persons. Moreover, the Director General, Department of Defence Production, Directorate of Ordance (C&S), Kolkata has already implemented the order dated 26.11.2024 (Smt. Rita Shaw & ors. v. UOI & ors.) passed in O.A. No.1623/2019 by the C.A.T, Kolkata Bench. It is a matter of regret that, inspite of implementation of the above order dated 26.11.2024, the order of rejection dated 05.02.2026 is contrary to the settled principle of law laid down by the Hon’ble Apex Court. Therefore, the learned Counsel for the applicant has prayed that this Tribunal may extend the benefit of the said judgment.

4. In support of their case, applicants relied on the following judgements render by the Hon’ble Apex Court:

(i) In the case of B. Nagraj and Others Vrs. State of Mysore, AIR 1996, SC 1942 .

(ii) In the case of Amritlal Berry Vrs. Collector of Central Excise, AIR 1975 SC 538.

(iii) In the case of K.C. Sharma and Others Vrs. UOI & Ors.

(iv) C.A. No.1943/2022 in case of LT. Col. Suprita Chandel Vrs. UOI.

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5. The respondents have filed their counter opposing and contesting the case of the applicants on the grounds that the O.A. is not maintainable as the Applicants do not fall within the class of persons covered under the order dated 20.01.2023 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 2474 of 2015 (Manoj Kumar & Others vs. Union of India & Others). The benefits directed to be extended in the aforesaid judgment were specifically confined to the applicants of that Original Application and do not operate as a judgment applicable to all similarly designated employees across all Ordnance and Ordnance Equipment Factories. It is further submitted that, the Applicants, being not parties to O.A No. 2474 of 2015, cannot seek enforcement of that order through Original Application. The present petition, fashioned as a challenge to the rejection order dated 05.02.2026, is in substance an attempt to seek extension of benefits that have been categorically held to be limited to the named applicants of O.A. No. 2474/2015, as clarified by the Directorate of Ordnance (C&S), Kolkata vide letter dated 24.01. 2024.

6. It is contended by the respondents that the claim of the Applicants for grant of pay scale w.e.f. 05.12.2002 notionally is clearly time-barred under Section 21 of the Administrative Tribunals

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Act, 1985. The Applicants themselves admit in their pleadings that they are seeking retrospective benefit for which they have filed a Miscellaneous Application seeking condonation of delay. Without such condonation being granted, the O.A. itself is not maintainable on the ground of limitation, and the Respondents oppose the condonation application on the ground that no sufficient cause has been shown for the inordinate delay in approaching this Hon'ble Tribunal.

7. It is contended by the respondents that, the Applicants submitted representations dated 28.01.2026 seeking grant of the pay scale of Rs.5500-9000/- w.e.f. 05.12.2002 notionally and on actual basis w.e.f. 11.02.2003 to 31.12.2005, along with consequential benefits, based on the order of the Hon'ble CAT, Principal Bench dated 20.01.2023 in O.A. No. 2474 of 2015. The said representations were duly considered by the Competent Authority and were disposed of vide order dated 05.02.2026 (A/10), without acceding to the prayer of the Applicants, in strict conformity with the directions issued by the Directorate of Ordnance (C&S), Kolkata vide letter dated 24.01.2024 (A/11). It is submitted that the rejection order dated 05.02.2026 (A/10) is legally valid, proper, and in consonance with the binding administrative directions issued pursuant to the judgment in

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O.A. No. 2474/2015. It is further submitted that, Directorate of Ordnance (C&S), Kolkata vide letter dated 06.06.2025 directed-to comply with the order of the C.A.T, Kolkata Bench Order dated 26.11.2024 passed in OA No.350/1623 of 2019 in respect of the applicants only. Hence, the rejection order dated 05.02.2026 (A/10) is legally valid, proper, and in consonance with the binding administrative directions issued by Respondent No. 2.

8. We have heard the learned Counsel for both the parties and perused the materials on record as well as judgments.

9. We find that the facts and issues involved in this O.A. came up for judicial scrutiny in O.A. No. 1623 of 2019 filed by Smt. Rita Shaw & Ors. Vrs. Union of India & Ors. The Kolkata Bench of this Tribunal after considering the matter in its entirety held as under:- “5. We have heard the learned Counsel for both the parties and perused the materials on record as well as judgments. On perusal of the judgment passed by the Guwahati Bench of this Tribunal it is noted that subsequently one Corrigendum dated 27.11.2008 was issued by the Government of India, Ministry of Finance, Department of Expenditure, Implementation Cell, which stipulates, inter alia, as under:- F.No.1/1/2008-IC Government of India, Ministry of Finance Department of Expenditure Implementation Cell New Delhi, dated the 27th November, 2008 OFFICE MEMORANDUM

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Subject: Revised pay scales for Official Language posts in various subordinate offices of the Central Government. In partial modification of this Department's O.M. of even number dated 24th November, 2008 (copy enclosed), the table in para 1 of the said O.M. may be read as under:- Designation Recommended pay scale Corresponding Pay Band & Grade Pay Pay Band Grade Pay Jr. Translator 6500-10500 PB-2

Sr. Translator 7450-11500 PB-3

Asstt. Director (OL) 8000-13500 PB-3

Dy. Director (OL) 10000-15200 PB-3

Jr. Director (OL) 12000-16500 PB-3

Director (OL) 14300-18300 PB-4

2. All Ministries/Departments etc., are required to grant the revised pay structure as indicated in the table above, which has been approved for various posts in the CSOLS, to similarly designated Official Language posts existing in their subordinate offices. All Ministries/Departments of Government of India, as per standard mailing list." It is further noted that the Government of India, Ministry of Home Affairs, Department of Official Language had issued one Office Memorandum dated 02.04.2009 (Annexure-XVIII), which stipulates inter alia:- "2. Consequent upon the implementation of the recommendation of Sixth Central Pay Commission, department of expenditure vide their O.M. No. 1/1/2008-IC dated 24th November, 2008 and 27th November, 2008(copies enclosed) has clarified that in accordance with the 6th Central Pay Commission recommendations as accepted by the Government, similarly designated posts existing outside the Central Secretariat Official Language Service (CSOLS) cadre in various subordinate offices of the Central Govt. have been granted the same pay scales those granted to CSOLS.

3. In view of the above, all the Ministries/Departments are requested to advise their subordinate offices, other than those offices having standard recruitment rules for Junior Hindi

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Translators, to amend the Recruitment Rules for Junior Hindi Translators so that the Commission can meet their recruitment through open examination. This will not only help the Commission but also ensure timely availability of sufficient number of eligible candidate to the subordinate offices."

Thereafter, the Government of India, Department of Official Language, Ministry of Home Affairs, Lok Nayak Bhawan, New Delhi had issued another letter dated 02.05.2013 to the Secretary, All Ministries, Department of Govt. of India wherein, it stipulates as follows:- "Dear Secretary,

1. You may be aware that Expenditure Dept. Ministry of Finance had ordered vide their O.M. No. 1/1/208-IC dated 24th Feb, 2008 (Copy encl) that the designations and Pay Scale of Official Language posts in subordinate offices of Govt. of India will be similar to that of Central Secretariat Official Language Service. It has been brought to the notice of Official Language Dept that the order of Expenditure Department has not yet been implemented in all sub-ordinate offices, which causes discontentment in the Official language officers employed there.

2. I shall be grateful if you ensure compliance in the subordinate offices of your Ministry/Dept about the implementation of similar designations and pay scales at par with Central Secretariat Official Language Service and Official Language Dept. may be intimated about the action taken in this regard."

6. In view of the above, since the issue involved in this case is identical one, therefore, we are of the opinion that these applicants are entitled to get the extension of benefit of aforesaid order. Accordingly, we have no hesitation to interfere with the impugned Speaking Orders dated 29.03.2004, 16.09.2019 and 23.10.2019. Accordingly, same are hereby set aside and quashed. Applicants are entitled to the upgraded pay scales. Respondents are directed to pass necessary orders after verifying individual cases and make payments from the respective dates of entitlement, within a period of six months from the date of receipt of the copy of this order.

7. Accordingly, O.A. stands disposed of with the above observations and directions with no order as to costs.”

10. On examination of the facts and issues fought and decided by the CAT, Kolkata Bench, referred to above, vis a vis the facts and issues involved in the instant case, see no justifiable reason to

Kalpeswar Behera deviate from the well propounded doctrine of precedent. Hence, by applying the decision rendered by C.A.T, Kolkata Bench Order dated 26.11.2024 passed in OA No.350/1623 of 2019 (Smt. Rita Shaw & Ors. Vrs. Union of India & Ors), this OA succeeds. Therefore this Tribunal in view of the settled law discussed above finds that the applicants are also entitled to similar relief as the applicants in the aforesaid OAs. Accordingly the impugned order dated 05.02.2026 (A/10) is quashed and the respondents are directed to grant them the pay scale of Rs.5,500-9000 w.e.f. 05.12.2002 notionally and actual basis w.e.f. 11.02.2003 to 31.12.2005 and revise their pay w.e.f. 01.01.2006 and 01.01.2016 respectively and pay them all the financial benefits within a period of 60 days from date of receipt of copy of this order.

11. In the result, the OA stands allowed to the extent stated above. No costs.

(PRAMOD KUMAR DAS) (SUDHI RANJAN MISHRA) MEMBER (A) MEMBER (J)

K.B./P.S

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