UNION OF INDIA Vs. S.C. KARMAKAR

JUDGEMENT

(1.) HEARD Mr. Paras Kuhad, learned Additional Solicitor General in support of this appeal and Mr. Debasis Misra, learned Counsel appearing for the Respondents.

(2.) THIS appeal seeks to challenge the judgment and order dated 10.10.2007 rendered by a Division Bench of the Delhi High Court in Writ Petition (C) No. 7475/2007 whereby the High Court left undisturbed the order dated 1st May, 2007 passed by the Central Administrative Tribunal in O.A. No. 377/2006 which was filed by the Respondents. The Central Administrative Tribunal has directed the Appellants to grant the Office Superintendents in the Central Bureau of Investigation (C.B.I.) the non -functional grade of Rs. 8000 -13500/ - on par with the Section Officers of the Central Secretariat with effect from 3.10.2003 with consequential benefits.

(3.) IN any case, the fact remains that in attached offices of four Ministries i.e. Intelligence Bureau in the Home Ministry, Armed Forces Headquarters Secretariat Section in the Defence Ministry, Research and Analysis Wing attached to the Cabinet Secretariat, and the Central Administrative Tribunal, parity in pay has been granted to the Office Superintendents. In spite of the 6th Pay Commission giving lesser pay to the Office Superintendents in the attached offices, the Central Administrative Tribunal gave judgment in favour of the Office Superintendents in these attached offices. The Central Government has accepted this position and implemented the judgment. That being so, without going into any of the other submissions from both sides, we do not think that it would be proper that the matter should be opened up as far as the Office Superintendents in the C.B.I. are concerned with whom we are concerned in the present matter and for whom also the Central Administrative Tribunal has granted parity. Accordingly, we decline to entertain this appeal and the same is dismissed.