HARI RAM SHUKLA Vs. UOI

JUDGEMENT

(1.) THE petitioners are blind persons. They are skilled workman. They are experts in the trade of weaving cane furniture. Appointed in the Ministry of Defence on various dates they were placed in the pay scale applicable to semi-skilled workman which we note was in the pay scale Rs.210-290 when the recommendations of the 3rd Pay Commission were in force; replacement scale became Rs.800-1150 when the 4th Pay Commission's recommendations were implemented. The applicable pay scale for skilled workman being Rs.260-400 and Rs.950-1500 respectively. Being blind and hence not being able to socialize with their brethren and not being aware that skilled workman required to be placed in the pay scale Rs.260-400, the petitioners were happy receiving salary in the pay scale Rs.210-290 and its replacement pay scale till they learnt of being discriminated against.

(2.) PETITIONERS filed OA No.804/1998 praying that instead of paying them salary in the pay scale Rs.800-1150 they should be paid salary in the pay scale Rs.950-1500, which was allowed vide order dated September 15, 2000; but regretfully with a declaratory relief. The Tribunal directed the Department to look into the nature of skill required in discharge of their work by the petitioners ignoring that in other organizations craftsmen in the trade of cane weaving had already succeeded in they being required to be treated as skilled workmen and paid salary in the pay scale applicable to skilled workmen.

(3.) LEFT with no option, the Ministry of Defence passed an order granting pay scale applicable to skilled workmen which was Rs.3050-4590 as per the recommendations of the 5th Central Pay Commission implemented in the year 1996. This compelled the respondents to re-visit the Tribunal. They filed OA No.824/2006 praying that arrears should be paid to them by directing retrospective application of the order passed by the Ministry of Defence. Vide impugned decision dated February 02, 2007 the Tribunal held that the claim of the respondents was justified but direction issued was to notionally place petitioners in the pay scale applicable to skilled workmen with effect from November 01, 1982, which scale was Rs.950-1500 or from the date when petitioners were appointed; whichever is later. Arrears were directed to be paid for a period of one year prior to the date when OA No.824/2006 was filed. Review filed by the petitioners was disposed of by the Tribunal correcting typographic errors in its order. The order in review is dated March 20, 2008.