Union of India & Ors. v. Sushil Soni & Ors.

1. This writ petition assails order dated 4 February 2025 passed by the Central Administrative Tribunal[1] in OA 2240/2024. The respondents, as the applicants before the Tribunal, sought grant of non-functional grade pay of ₹ 5400/- in Pay Band-2 on completion of four years of regular service in the grade pay of ₹ 4800/- along with consequential benefits and therefore, sought setting aside of orders dated 6 June 2023, 9 June 2023 and 15 June 2023 whereby their request to that effect had been rejected by the petitioners.

2. The Tribunal has followed its earlier judgment dated 9 January 2025 in Dr. Vijai S. Karwasara v. Union of India, which held the applicants in that case, who were also drawing the grade pay of ₹ “the Tribunal”, hereinafter 4800/-, to be entitled on completion of four years of service in that grade pay to non-functional upgradation to the grade pay of ₹ 5400/-.

3. It is fairly acknowledged in the writ petition itself that the facts of Dr. Vijai S. Karwasara are identical to those of the case before us. Mr. Dixit, too, does not dispute this fact.

4. The Union of India challenged the decision of the Tribunal in Dr. Vijai S. Karwasara before this Court. The writ petition came to be dismissed by the Division Bench of this Court[2].

5. We need not enter into the reasoning contained in the judgment of this Court in Dr. Vijai S. Karwasara. Suffice it to reproduce the paras 1, 14 and 15 of the said decision thus: “This petition has been filed by the petitioners, challenging the Order dated 09.01.2025 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the, ‘Tribunal’) in O.A. No. 2000/2023, titled Dr. Vijai S. Karwasara v. Union of India through its Secretary, Ministry of Health and Family Welfare, allowing the O.A. filed by the respondents herein with the following direction: “7.1. In view of the above, the OA is allowed, the impugned orders dated 9.6.2023 and 15.6.2023 are liable to be quashed and set aside. Accordingly, in our considered opinion the applicants, who have completed four years of sendee in Grade pay of Rs. 4,800, are entitled to get benefit of Non Functional up gradation Scale of Rs. 5,400/-. Consequently, respondents shall pass necessary orders to this effect within eight weeks from date of receipt of certified copy of this order.” ***** Refer 2025 SCC OnLine Del 7868

14. A reading of the above would show that by executive directions an attempt has been made to diminish the scope of the Resolution dated 29.08.2008. The Circular, therefore, has amended the policy of the Government of India, which is not permissible. To this effect we concur with the opinion of the Madras High Court in M. Subramaniam[3] (supra) and this Court in Dal Singh[4] (supra) that the expansive scope of policy could not have been diminished by a mere clarificatory circular issued by the Directorate of Expenditure.

15. Accordingly, we do not find any merit in the present petition. The same along with the pending application is dismissed.”

6. Thus, the very OMs of which the respondents seek evisceration already stand set aside by the Tribunal in Dr. Vijai S. Karwasara. The Division Bench of this Court has upheld the said decision. Mr. Dixit submits that he is unaware of any challenge to the judgment of the Division Bench.

7. In view of the Judgment of this Court in Dr. Vijai S. Karwasara, which Mr. Dixit is unable to distinguish, we do not deem this to be a fit case for interference.

8. The writ petition is, accordingly, dismissed.

C. HARI SHANKAR, J

VINOD KUMAR, J JULY 6, 2026/yg/aky