Extension of Benefit as per Bishamber Dayal CAT Case

Last Updated on March 16, 2026 by Satish Mishra

Extension of benefits in Central Administrative Tribunal (CAT) cases often involves applying established legal precedents—like the Bishamber Dayal case regarding minimum pay for long-serving casual workers—to similarly situated employees. Key areas include extending MACP benefits, service extensions, or pension perks (e.g., increments for retirees).

Key Aspects of Extension of Benefits in CAT

  • Bishamber Dayal Case (Principle of Parity): Based on the Punjab and Haryana High Court judgment (2015), casual employees with over 20 years of service can seek minimum basic pay for Group ‘D’ posts.
  • MACP/Service Benefits: Employees often file OAs (Original Applications) to extend benefits of specific judgments regarding higher grade pay (MACP) or annual increments to themselves, rather than just the original petitioners.
  • Procedure for Extension: A new O.A. under Section 19 of the Administrative Tribunals Act, 1985, is generally required to apply the principle of a previous judgment to a new applicant.
  • Limitations: Benefits are generally denied if an employee is already in a higher grade pay, or if the case is hit by limitation (generally one year) without justifiable cause.
  • Key Judgments Covered:
    • Increment Benefits: Benefits of an increment are extended to employees who retired on June 30th or December 31st [9, IGECORNER].
    • Dress Allowance: Similar to the Gurmeet Singh case, where the CAT extended benefits to employees denied similar allowances.
    • MACP Hierarchy: Clarified that MACP is based on the hierarchy of grade pay.

Post Covers Extension of Benefit as per Bishamber Dayal High Court Chandigarh Case for grant of minimum basic pay of Group D post on completion of 20 years.

Judgement Digest: Surinder Kumar S/o Sh. Hans Raj, aged 45 years, working as Sweeper (Part Time) vs. Union of India & Ors.

Case Briefing:

The present O.A. has been filed by the applicant seeking to grant minimum basic pay of group ‘D’ post w.e.f. date of completion of 20 years i.e. 20.02.2017 extending benefit of judgment dated 02.03.2015 of Hon’ble Punjab and Haryana High Court in case titled Union of India vs. Bishamber Dayal.

Also Read- Union Of India & Ors vs Cat & Ors on 2 March, 2015

In case law titled, Bishamber Dayal Vs. Union of India & Others, was decided in favor of alike appellant vide order dated 01.08.2013 by directing the respondents to grant him the relevant benefit. Subsequently the judicial review was dismissed vide a common order dated 02.03.2015 in all the similar matters, by the Hon’ble Jurisdictional High Court direct to the respondents (therein) shall continue in service with their current status but those who have completed 20 years as part-time daily wagers, shall be granted minimum basic pay of group D post(s) w.e.f. 01.04.2015 and/or the date of completion of 20 years contractual service, whichever is later.

Also Read- Mukesh Kumar vs Union Of India on 3 September, 2013

Judgement of the case:

Learned counsel submitted that based upon the judicial pronouncement on the issue, the applicant filed a representation dated 22.07.2019 for the same benefit, which stands unanswered till date. He made a prayer that the applicant would be satisfied if a direction is issued to the respondents to decide his claim in the light of relied upon judgments.

In the wake of above, the O.A. is disposed of in time, with a direction to the respondents to consider and decide the indicated Representation of the applicant in the light of judgment of the Hon’ble High Court in the case of Bishamber Dayal (supra), as affirmed by the Hon’ble Supreme Court and other cases relied upon by him, within a period of two months. On such consideration, if the applicant is found to be similarly situated like the applicant in the relied upon case, then the similar benefit be extended to him within one month thereafter, otherwise a reasoned and speaking order be passed, and a copy thereof be duly communicated to him.

Also Read- 36 Years, S/o Sh. GN Behera, Working as Dresser, R/o … – CAT

For case specific advice, please contact Chandigarh Administrative Tribunal/Service Matter/Labour and Service/CAT/Legal Aid/Administrative/Senior/Service Employment Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur etc.

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