LAWS(SC)-2006-10-13

UNION OF INDIA Vs. S D BANDHOPADHYAY

Decided On October 19, 2006
UNION OF INDIA Appellant
V/S
S.D.BANDHOPADHYAY Respondents

JUDGEMENT

(1.) Respondents herein at all material times were and still are working as Draughtsmen in the Ordnance Factory belonging to Union of India. The pay scale of the Draughtsmen employed in the Central Public Works Department (CPWD) were revised on the basis of the report of the Third Pay Commission from 1.1.1973 in the following terms:

(2.) The President is now pleased to decide that the Scales of Pay of D/man Gr. III, II, I in office/ Deptt. Of the Govt. of India, other than the C.P.W.D. may be revised as above provided, their recruitment qualification are similar to these prescribed in the case of D/Man in C.P.W.D. Those who do not fulfil the above recruitment qualification will continue in the pre-revised scales. The benefit of this revision of scales of pay would be given notionally with effect from 13.5.1982, the actual benefit being allowed w.e.f. 1.11.1983."

(3.) Appellants herein contend that the Draughtsmen in Ordnance Factories were treated equivalent to Draughtsmen Grade III of CPWD both in terms of recruitment qualification and job content and, therefore, the office memorandum dated 13.3.1984 was not relevant for their purpose.