GOVERNMENT OF NCT OF DELHI Vs. RAJA RAM

JUDGEMENT

(1.) THESE 3 writ petitions involve common issue of law, with the consent of the counsel for the parties, are being disposed of by this common order.

(2.) THE issue which falls for our consideration is whether the respondents are entitled to pay scale of Rs.5000 -8000 with effect from January 01, 1996 as Operation Theatre (Technician) without insisting on the qualification of B.Sc. with 2 years Diploma/Certificate in the relevant subject. The litigation has a chequered history. The genesis of this litigation is the recommendations of the 5th Central Pay Commission which were implemented by the Government of India through its notification dated September 30, 1997. Brief history We are in this case concerned with the post of Operation Theatre (Technician). The recruitment rules for the said post as notified on April 12, 1984 stipulates as under: <IMG>JUDGEMENT_3474_ILRDLH23_2013.jpg</IMG> <IMG>JUDGEMENT_3474_ILRDLH231_2013.jpg</IMG> <IMG>JUDGEMENT_3474_ILRDLH232_2013.jpg</IMG> <IMG>JUDGEMENT_3474_ILRDLH233_2013.jpg</IMG>

(3.) AN amendment was carried out in the year 1988 which is to the following effect: