The OA is moved through Video Conference.   

2. Heard Mr. N. Vijay, learned counsel for the applicants and Mrs. M. Swarna, learned Standing Counsel, who takes notice on behalf of the respondents.

3. MA has been filed with a prayer to allow both the applicants to file a single OA. MA is allowed for the reason that the relief sought is common and that the respondents are one and the same, subject to payment of fee of Rs.50/- by each applicant. Registry for necessary action. 

4. Applicants, while working in the respondents organization, were granted higher Grade Pay of Rs.5400/- on non-functional basis with effect from the date of completion of 4 years in the Grade Pay of Rs.4800/- along with one increment. This action was in response to the orders of this Tribunal in OA 296/2014 filed by the applicants, which was also challenged before the Hon’ble Court in WP No. 31576/2014 and the same was dismissed on 06.11.2018.  Therefore, applicants claim that the issue has attained finality.  However, the respondents on 26.05.2020 issued an order revising the pay of the applicant with effect from 01.07.2014 without adding one increment on grant of grade pay of Rs.5400. In the said Revised Entitlement Slip, it is mentioned that as per DoP& T OM dt. 04.07.2014, the official is eligible for the difference of grade pay only.  There is also Note appended to the said revised pay entitlement slip wherein it is stated that the matter has been referred to Postal Directorate for clarification.

5. Learned counsel for the applicants submits that the action of the respondent is against the orders of this Tribunal and also that of the Hon’ble High Court. He also claims that similarly situated persons were granted the benefit and denying to the applicants is discriminatory.

6. In response, learned counsel for the respondents sought time to revert with instructions.

7. After hearing both the counsel, respondents are directed not to cause any recovery from the salary/ pension of the applicants till the disposal of the OA.

8. Learned counsel for the respondents informs that she would revert with instructions in a week’s time.  List the case on 24.06.2020.