JAGMOHAN SHARMA Vs. NIPCCD

JUDGEMENT

(1.) The issue pertaining to pay-scale in which Assistants and Stenographers Grade-II working in subordinate and attached offices of the Union of India as also Autonomous Bodies established by the Government vis- -vis Assistants and Stenographers working in the Central Secretariats and appointed through competitive examination and becoming members of the Central Secretariat Service (CSS) and Central Secretariat Stenographers Service (CSSS) became the bone of contention when the 3rd Central Pay Commission placed the two in different payscales, giving reason:-

(2.) Litigation ensued. Some Assistants and Stenographers working in a few subordinate offices under the Union of India as also a few Assistants and Stenographers working in some Autonomous Bodies obtained orders favourable to them. Some failed. Those who succeeded had their pay re-fixed in the higher pay-scale. When the 4th Central Pay Commission submitted its report, recommendation was to place Assistants and Stenographers working in the Central Secretariat in the pay-scale Rs. 1640-2900/- and those in the non-Secretariats in the pay-scale Rs. 1400-2600/-. These pay-scales were brought into force in the year 1998 but with retrospective effect from January 01, 1986.

(3.) Further litigation ensued. The first judgment on the subject after 1986 rendered by the Supreme Court is Federation of All India Customs and Central Excise Stenographers (Recognized) & Ors. v. UOI & Ors, 1988 AIR(SC) 1291. Pay parity was denied noting that the process of recruitment was different and nature of duties performed by Assistants and Stenographers in the Central Secretariat was onerous. Indeed, in the decisions Union of India & Anr. v. P.V.Hariharan & Anr., 1997 3 SCC 568, State of Haryana & Ors. v. Jasmer Singh, 1996 11 SCC 77, Alvaro Noronha Ferriera & Anr. v. Union of India & Ors., 1999 4 SCC 408, State of West Bengal & Ors. v. Madan Mohan Sen & Ors., 1993 Supp3 SCC 243 it has categorically been held that apart from other factors having a bearing on parity for equating posts, the nature of work in relation to volume, evaluation of duties and responsibilities had an important role to play.