- 1 - WP No.12873 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH WP No. 12873 of 2022 (S-CAT) BETWEEN: SHRI A MURALIDHARAN, S/O LATE DR C ARJUNAN, AGED ABOUT 63 YEARS, OCC. RETD. SENIOR ARCHITECT, CCW, AIR, RESIDING AT NO.26, 2ND MAIN, VASANTHNAGAR BANGALORE - 560 052. …PETITIONER (BY SRI. BHUSHAN G, ADVOCATE) AND 1 . THE UNION OF INDIA, BY ITS SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING, SHASTRI BHAVAN, NEW DELHI - 110 001. 2 . UNION OF INDIA, BY ITS SECRETARY, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, DEPT. OF PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI - 110 001. 3 . UNION OF INDIA, BY ITS SECRETARY, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI - 110 001. - 2 - WP No.12873 of 2022 4 . THE DIRECTOR GENERAL, ALL INDIA RADIO, PRASAR BHARATHI, AKASHWANI BHAVAN, PARLIAMENT STREET, NEW DELHI - 110 001. 5 . THE CHIEF EXECUTIVE OFFICER, PRASAR BHARATI, TOWER C, MANDI HOSUE, COPERNICUS MARG, NEW DELHI - 110 001. 6 . THE CHIEF ENGINEER, CCW, ALL INDIA RADIO/PRASAR BHARATI, 6TH FLOOR, SOOCHANA BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003. 7 . THE PAY AND ACCOUNTS OFFICER (IRLA), NEW DELHI INFORMATION AND BROADCASTING, 7TH FLOOR, SOOCHANA BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 003. …RESPONDENTS (BY SMT. SAROJINI MUTHANNA, CGC) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE AN ORDER OR DIRECTION IN THE NATURE OF A WRIT QUASHING THE IMPUGNED ORDER REJECTING REQUEST OF THE PETITIONER TO GRANT PAY IN THE GRADE PAY OF 8700/- DATED 30.12.2020 AT ANNEXURE-A17 ISSUED BY THE 4TH RESPONDENT; (B) DIRECT THE RESPONDENT TO FIX PAY OF THE PETITIONER IN GRADE PAY 8700/- FROM THE DATE OF HIS PROMOTION AS SENIOR ARCHITECT I.E., 05.11.2007 AND GRANT ALL CONSEQUENTIAL BENEFITS; (C) ALLOW THE WP AND QUASH THE ORDER PASSED IN O.A NO-170/00177/2021 DATED 25.05.2002 PASSED BY THE CAT, BENGALURU BENCH AT ANNEXURE-D, ETC. THIS PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 07.02.2025, COMING ON FOR ‘PRONOUNCEMENT OF ORDER’ THIS DAY, V KAMESWAR RAO J., MADE THE FOLLOWING: - 3 - WP No.12873 of 2022 CORAM: THE HON'BLE MR JUSTICE V KAMESWAR RAO AND THE HON'BLE MR JUSTICE S RACHAIAH CAV ORDER (PER: THE HON'BLE MR JUSTICE V KAMESWAR RAO) This writ petition has been filed by the petitioner challenging the order dated 25.05.2022 passed by the Central Administrative Tribunal, Bangalore Bench, Bengaluru (‘the Tribunal’ for short) in Original Application No.170/00177/2021, whereby the prayer of the petitioner for grant of grade pay of Rs.8,700/- from the date of his promotion as Senior Architect i.e., 05.11.2007, with all consequential benefits was dismissed by the Tribunal, by stating in paragraphs No.18 to 20 as under: “18. The applicant was granted the pay attached to his post on promotion in the year 2007. He has also retired in the year 2017. He cannot, therefore, at this stage, in the year 2021 lay a claim to grant of higher pay scale and consequent higher pension. His application, therefore, suffers from delay and latches as well and is barred by limitation and consequently deserves to be dismissed. 19. Keeping in view the above facts, the OA being devoid of any merit whatsoever, besides being - 4 - WP No.12873 of 2022 barred by limitation, deserves to be dismissed. According, the OA is dismissed. 20. However, there shall be no orders so as to costs.” 2. The facts to be noted are, the petitioner was appointed as Deputy Architect through UPSC as a direct recruit in Civil Construction Wing of All India Radio in the pay scale of 2200-4000 vide order dated 14.03.1991. He was promoted to the post of Architect in the pay scale of 3000-4500 with effect from 02.09.1997. He was further promoted to the post of Senior Architect in All India Radio in the pay scale of 12000-16500 vide order dated 05.11.2007. The petitioner’s pay scale under 6th CPC was PB-3 (15600-39100) with Grade Pay of Rs.7,600/-. He assumed the charge of Senior Architect on 05.11.2007. It is a conceded position that the petitioner retired on attaining the age of superannuation on 30.11.2017. 3. The claim of the petitioner for grade pay of Rs.8700/- was made vide many representations starting from the year 2013. They were finally rejected in the year 2020. - 5 - WP No.12873 of 2022 4. The case of the respondent is primarily that, the said grade pay of Rs.8700/- cannot be given to the petitioner for the reason that, the said grade pay is available only to those officers who are appointed in organized Group-A service, whereas, the recruitment rules governing the appointment/promotion in the Civil Construction Wing of All India Radio is not an organized Group-A service. Further, as per DOPT, OM dated 20.11.2009, whereby the list of organized Group-A services has been issued does not include Architect cadre of the Civil Construction Wing of the All India Radio. That apart, the grant of upgraded scale/pay is exclusive for organized Group-A and subject to fulfillment of certain conditions like actual availability of vacancies in the grade and not automatically. Further, it is subject to completing 13 years of service in Group-A. 5. The Tribunal has dismissed the OA by holding that, the parity and equalization of pay in all public appointments amongst various cadres and posts in the Government, has to be examined by an expert body such - 6 - WP No.12873 of 2022 as the Pay Commission and as such, there is very limited scope for the Courts to examine such aspect and grant the benefits as being sought by the petitioner herein. 6. We find that, one of the plea of the petitioner before the Tribunal was, by placing reliance on the decision of the Principal Bench of the Tribunal in the case of Rajiv Dixit -Vs.- Union of India [OA No.1977/2011 and connected matters, decided on 26.07.2016], wherein Sri. Rajiv Dixit was also working as a Senior Architect in the Civil Construction Wing of the All India Radio and senior to the petitioner. He was granted the benefit of grade pay of Rs.8,700/- by the Tribunal. According to the petitioner, the benefit of grade pay of Rs.8,700/- has been given to Sri. Rajiv Dixit though after his death, but to his legal heirs. Similar is the case of Sri. Anil Kishore, who was also granted the benefit pursuant to the orders passed by the Tribunal, as upheld by the Delhi High Court in the year 2008. Further, reliance was also placed on the decision of the Calcutta Bench of the Tribunal in the case of Noorul Hoda -Vs.- - 7 - WP No.12873 of 2022 Union of India and Others [OA No.1127/2012, decided on 30.08.2013], who was given a similar benefit by the Tribunal, which judgment has attained finality till the Supreme Court. 7. We find that, this aspect has not been dealt with by the Tribunal in the impugned order, though specific averments in that regard have been made by the petitioner in his OA. In fact, the Tribunal refers to the stand of the petitioner in his rejoinder seeking similar benefit as granted to the aforesaid Officers. In paragraph No.4(b) of the impugned order, the Tribunal notes the stand of the respondents that the judgments in the cases of Rajiv Dixit (supra), Anil Kishore (supra) and Noorul Hoda (supra) are in personam. We have been informed that the judgments in the cases of Rajiv Dixit (supra) and Noorul Hoda (supra) have been implemented vide orders dated 01.02.2017/18.12.2017. If that be so, the petitioner being also a Senior Architect like Sri. Rajiv Dixit and Sri.Anil Kishore, is entitled to the benefit of grade pay of Rs.8700/-. The stand of the respondent that the benefit - 8 - WP No.12873 of 2022 as granted to Sri. Dixit and Sri. Kishore is in personam, cannot be accepted as the petitioner is similarly placed and entitled to the same benefit as was granted to the above Officers. The only distinguishing factor is that Sri. Dixit and Sri. Kishore have been pursuing the litigation since the year 2005/2011. Whereas, the petitioner herein had made the first representation only on 23.01.2013 and thereafter reminders were given on 30.05.2015, 03.07.2015, 24.08.2015, 24.08.2016, 18.02.2018, 08.03.2019, 06.06.2019, 09.11.2019, 20.03.2020, 24.06.2020 and 17.12.2020 before filing the OA in the year 2021. 8. We are of the view that the impugned order of the Tribunal is liable to be set aside. We order accordingly. The petitioner shall be entitled to the benefit of grade pay of Rs.8,700/- from the date of his promotion as Senior Architect i.e., 05.11.2007 notionally. The actual benefits shall be paid from one year before the date of filing of the OA being No.170/00177/2021. The pay shall be fixed on notional basis with effect from 05.11.2007. The - 9 - WP No.12873 of 2022 petitioner’s pension and other benefits thereof shall also be re-fixed and he be given the arrears thereof within eight weeks from the date of receipt of copy of the order. The petition is disposed of. Sd/- (V KAMESWAR RAO) JUDGE Sd/- (S RACHAIAH) JUDGE PA