GULAB BHATI Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGMENT

(2.) THE petitioner challenges the judgment and order dated 4.4.2002 of the Central Administrative Tribunal, Principal Bench, (for short 'the Tribunal'). THE case of the petitioner before the Tribunal was that pursuant to an advertisement for the post of Researcg Assistant (German) the petitioner applied. He was appointed against one of the three posts on ad-hoc basis which appointment was extended from time to time. No separate recruitment rules for these posts were made. On 13.12.1985, the petitioner moved O.A. No.39/85 for regularisation of his services which was allowed vide order dated 13.11.1992. In this order it was held that the post of Research Assistant (German) was analogous to the post of Research Assistant (Hindi) for which recruitment rules were in existence. THE petitioner was directed to be regularised with effect from the date of his ad-hoc appointment in consultation with the UPSC and on evaluation of ACRs. This order was given effect to and the petitioner was regularised as Research Assistant (German) in the pay-scale of Rs. 1640-2900. THE petitioner raised no objection to the fixation of pay-scale at any time on being regularised. However, by representation dated 12.11.1997 he stated that the Fifth Pay Commission had placed Research Assisant (Hindi) in the pay-scale of Rs.2000-6500, revised to Rs.6500-10500 and accordingly he had also been placed in the pay-scale of Rs.2000-6500, revised to Rs.6500-10500 which was grossly unjust as the work done by the petitioned was different and that the petitioner worked in the capacity of a foreign language Research Assistant. He claimed a higher grade on the basis of his qualification. THE petitioner filed O.A. NO.2053/2000 challenging the orders dated 16/19.6.1998 and 30.7.1998 in which an order was made directing the respondents to dispose of the petitioner's representation by a speaking order. Pursuant to the above order, the respondents disposed of the representation of the petitioner vide order dated 4.1.2000. This order dated 4.1.2000 was challenged by the petitioner in C.P. No.1 83/2000 alleging that the respondent hod disobeyed the order dated 19.10.2000 passed in O.A. NO.2053/2000. THE aforesaid C.P.No. 183/2000 was dismissed after giving the petitioner opportunity to agitate his grievances in accordance with the rules and law. THEreafter, the petitioner filed another application being O A. No.1670/2001. THE learned Tribunal noted the contention that while those with B.A. Degree at entry level in the relevant foreign languages were enjoying higher pay-scale, the petitioner with Master's degree was in an inferior scale. THE petitioner contended that others are engaged only in bilingual translation/typing work while the petitioner was engaged in a highly academic bilingual research work and was entitled to the pay-scale equivalent to them. THE contention of the petitioner did not find favour with the learned Tribunal which dismissed the O. A. vide order dated 4.2.2000. Aggrieved thereof, the petitioner has moved the present writ petition.