UNION OF INDIA Vs. R VASUDEVA MURTHY

JUDGEMENT

(1.) IN these and connected appeals, we are required to consider the effect and implication of the Office Memorandum No.13(1)-IC/91 dated 19.10.1994 (hereinafter for the sake of brevity shall be referred to as 'O.M.') issued by Government of INdia, Ministry of Finance, with regard to revision of pay scales of Draughtsmen Grade I, Grade II and Grade III in all Government of INdia offices. As it was felt that Draughtsmen of various Departments, even though discharging same functions, were paid different pay scales, thus to bring parity throughout the country with regard to their pay scales, the aforesaid O.M. was issued. The said O.M. came to be considered by the various High Courts namely, High Court of Karnataka, High Court of Andhra Pradesh, High Court of Madras and High Court of Gujarat as many Draughtsmen had approached the different Benches of Central Administrative Tribunals for extending them the benefits of the O.M. Since the benefit was extended to them by the different Tribunals, Union of INdia and/or Department of Telecommunications had approached the jurisdictional High Courts challenging it. However, there have been divergent views with regard to implementation thereof. Thus, in nut shell we are called upon to set at rest the controversy by giving true, correct, proper, meaningful and purposeful interpretation of the said O.M.

(2.) VARIOUS judgments of the High Courts would also be considered at a later stage. Prior to issuance of the said O.M., a notification was issued on 23rd August 1993 by the Ministry of Communication, Department of Telecommunications dealing with the same subject as mentioned hereinabove. This Notification was issued in the light of various orders passed by the Central Administrative Tribunal and various High Courts from time to time. On account of several representations received from Draughtsmen for introduction of Grades and pay scales at par with those working in CPWD, by the said Notification three grades in the pre-revised payscale of Rs.330-560, Rs.425-700 and Rs.550-750 designated as Draughtsmen Grade III, Draughtsmen Grade II and Draughtsmen Grade I respectively were fixed. The said notification further fixed ratio of 60:30:10 for Draughtsmen Gr.III, Gr.II and Gr.I respectively. The number of posts for Grade II and Grade I were to be worked out on Circle basis as these are Circle cadres.

(3.) ALL these posts were categorised as Group 'C' and DPC of the officers was to be constituted as projected in the said schedule. As already mentioned hereinabove, all the aforesaid cadre posts were in the ratio of 60:30:10.