BHISHAM MIRANI Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners, who are 32 in numbers, are working as Assistants and Stenorgaphers Gr. I with Lalit Kala Academy that is respondent No. 2. After the recommendations of IV Pay Commission were adopted by respondent No. 2, these petitioners were placed in the pay scale of Rs. 1400-2300 w.e.f. 1.1.1986. While they were enjoying this pay scale, V Central Pay Commission gave its report regarding the revision of pay scales which was accepted by Government with necessary modifications. As per this report, the pre-revised pay scale of Rs. 1400-2300 of Assistants/Stenographers Gr. I is revised to Rs. 5000-8000. This recommendation was also accepted by Lalit Kala Academy and accordingly petitioners were placed in the grade of Rs. 5000-8000 w.e.f. 1.1.1996.

(2.) This writ petition is filed in which grievance is made that the petitioners were not given proper pay scale while implementing the recommendation of IV Pay Commission. The petitioners claim Rs. 1640-2900 w.e.f. 1.1.1986 and its corresponding revised pay scale of Rs. 5500-9000 w.e.f. 1.1.1996. It is a case of the petitioners that their counterparts were given the pay scale of Rs. 1400-2600 whereas petitioners were kept in the pay scale of Rs. 1400-2300 and these petitioners were discriminated. It is further contended that in respect of those who were given the pay scale of Rs. 1400-2600 the pay scale was revised to Rs. 1640-2900 and therefore they also become entitled to this pay scale.

(3.) Mr. Sandip Sethi, learned counsel for the petitioners submitted that as per service bye-laws framed by Lalit Kala Academy the method of recruitment in this academy in case of post in Groups A, B, C & D etc. is same as the the recruitment of these employees in the Central Government. He further submitted that conditions of service contained in Fundamental Rules and connected rules and orders applicable to employees of Central Government are made applicable mutatis mutandis to the employees of the Academy. He referred to bye-laws 8 & 9 of the Service bye-laws of the Academy in support of this submission. He also referred to bye-laws 19 as per which scale of pay of the post under the Academy as specified in first schedule. Referring to first schedule, he submitted that the scale of pay were same as that of Government employees. Relying upon bye-law 20, he submitted that general principles and procedure underlying the provisions with regard to fixation of initial pay and drawal of pay of all kinds contained in Fundamental Rules and other connected rules of the Government are applicable to the employees of Academy mutatis mutandi. Even allowances etc. as payable to Central Government are made applicable to the employees of the academy by virtue of bye-law 23. Other service benefits like medical attendants rules etc. are made applicable to employee of Academy by virtue of bye-law 25. He also referred to bye-law 45 to contend that laws relating to retirement and other benefits as applicable to Central Government are extended to the employees of academy. On the basis of aforesaid provisions, he submitted that there were deep control of the Government and in respect of all possible service conditions the employees of Lalit Kala Academy including the petitioners were governed by the rules which included rules regarding pay fixation etc. It was also submitted that as a matter of course whenever there was pay revision of the Central Government employees pursuant to the recommendations of pay commission, the same was always extended to the employees of the Academy. Therefore, according to the petitioners, when their counterparts in other sister concerns and in the Central Government were given the pay scale of Rs. 1640-2900 as a result of IV Pay Commission, the petitioners were also entitled to the said pay scale w.e.f. 1.1.1986. The petitioners relied upon various orders passed by this Court wherein the pay scale of Rs. 1640-2900 was given to similarly situated employees of other public sector undertakings/autonomous bodies like the Academy after the decision was taken by the Central Government to grant pay scale of Rs. 1640-2900 to its employees.