DEVELOPMENT COMMISSIONER, GNCTD AND ANR. Vs. HAR PRASAD

JUDGEMENT

(1.) THE short point involved in this matter is "whether the order passed by the Tribunal in OA No. 1313/2007 dated 23.09.2009 directing the petitioners to extend the benefits of the pay scale of Rs. 4000 -6000 to the Lab Assistants working in the Department of Animal Husbandry (hereinafter referred to as DAH) under the Govt. of NCT of Delhi is justified".

(2.) BRIEFLY stating, the facts of this case are, that the Lab Assistants working in the Ministry of Health & Family Welfare as well as in other Departments of Govt. of NCT of Delhi and Central Government were granted benefits of pay scale of Rs. 4000 -6000 after coming into force of the recommendations of the Fifth Central Pay commission. Those recommendations had been accepted by the Govt. of NCT of Delhi for the Lab Assistants working in various Hospitals etc. However, in the recommendation made by the Fifth Pay Commission, the case of the Lab Assistants working in the Department of Animal Husbandry has not been considered and it is for that reason the respondents approached the Government but their representations were not considered. They filed OA No. 1313/2007 dated 23.09.2009 before the Central Administrative Tribunal, Principal Bench, New Delhi by making the following prayers:

(3.) IT may, however, be observed that respondent has filed an additional affidavit before the Tribunal, which reads as under: