UNION OF INDIA REP. BY ITS SECRETARY, THE ADDITIONAL DIRECTOR GENERAL ENGINEER (PERSONNEL) AND THE COMMANDANT MEG AND CENTRE Vs. SRI CHANDRA S. AND OTHERS

JUDGEMENT

(1.) THE Order of the Central Administrative Tribunal dated 13.9.2011 in Original Application No. 521/2009 is called in question in these Writ Petitions. By the said Order, the Tribunal directed the petitioners herein to issue necessary Orders within three months from the date of receipt of copy of the order, granting upward revision of pay -scales of the applicants to bring them on par with the pay -scales of Vocational Instructors of the Ministry of Labour. It is made clear in the very order that the respondents are not entitled to arrears of the new pay -scale fixation w.e.f. 13.8.2007, but it will only be notional from that date and the actual pay will be available to them from 1.7.2011. The question to be decided in the matter is as to: Whether the post of Civilian Trade Instructors under the Ministry of Defence is on par with the post of Vocational Instructors under the Ministry of Labour?

(2.) THOUGH till this day, the Government Order has not issued to the effect that both the posts are on par with each other for all practical purposes including pay, the Tribunal has gone one step ahead and issued direction to the petitioners granting upward revision of pay -scales for the respondents to bring them on par with the pay scales of the Vocational Instructors.

(3.) THE respondents and similarly situated Civilian Trade Instructors. have been approaching the courts repeatedly since 2001 for the very relief. However, no positive direction was issued in their favour against the petitioners. Based on the repeated directions issued by the Tribunal, directing the petitioners to consider each of the respondents, it seems the Board of Officers consisting of four members were appointed by the department to look into the grievance of the respondents including Cadre Review. It seems, three of the Officers of Board have given positive report in favour of the respondents holding that the posts of Vocational Instructors are similar to the posts of Civilian Trade Instructors. But no action has been taken as on this day by the petitioners. The reports of the Directors have remained as reports. Such reports are not culminated into the orders passed by the respondents.