LAWS(DLH)-1990-11-55

ROHITAS KUMAR Vs. UNION OF INDIA

Decided On November 09, 1990
ROHITAS KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) In this writ petition, filed by the Restorers and Lower Division Clerks of this Court, the main prayer is that the respondents should be directed to fix the pay of the petitioners in the revised pay scale of Rs.l350-30-1440-40-1800-EB-50-2200 on the basis of the report given by the Fourth Central Pay Commission.

(2.) Berifly stated, the facts are that the petitioners were, prior to 1984 working as Restorers and LDCs. in the pay scale of Rs. 260-400 with effect from 1st January, 1973. One of the Restorers filed a writ petition in this Court being Civil Writ No. 1376/84 titled : Kamla Nand v. Union of India, in which it was inter alia contended that the pay-scale of the Restorers in the High Court of Punjab and Haryana and the High Court of Himachal Pradesh was Rs. 400-600. Seeking to invoke the principle of equal pay for equal work, Kamla Nand sought fixation of his pay in the said higher scale of Rs. 400-600. A Division Bench of this Court vide judgment dated 3rd February 1986 allowed his writ petition and directed that the pay of the Restorers be fixed in the pay-scale of Rs 400-600 with effect from 1st January 1978.

(3.) A question then arose as to what were the allowances which would be payable to the said Restorers. A miscellaneous application being C.M. No. 1480/86 was filed and vide order dated 23rd May 1986, it was directed that in addition to the pay-scale of Rs. 400-600 the restorers would be entitled to such allowances which weradmissible and payable in Union Territory of Delhi. The effect of this was that on the basis of the pay scale of Rs. 400-600, the Restorers started getting allowances which were payable to emplyoees working in Delhi. The Union of India accepted the correctness of these two orders and no appeal was filed against the Division Bench judgment dated 3rd February 1986 or. subsequent order dated 23rd May 1986 relating to the payment of allowances.