RAJ KUMAR NIRALA Vs. UOI

JUDGEMENT

(1.) AN advertisement was issued by the second respondent, a hospital under the administrative control of the Ministry of Health and Family Welfare, Government of India inviting applications for the post of Workshop Technician in the pay-scale Rs.4000 - 6000.

(2.) EDUCATIONAL qualification prescribed was an ITI Diploma.

(3.) SOON thereafter came the recommendations of the 5 th Central Pay Commission which recommended two scales of pay for the post of Workshop Technician. Those with higher qualification were recommended to be placed in the pay-scale of Rs.5,000-8000 and retaining the pay-scale of Rs.4000-6000 for others. Petitioner's request to be placed in the higher pay-scale was declined on account of the reason that the post advertised envisaged lower minimum education qualification and notwithstanding he having a higher qualification would not be entitled to the higher pay-scale since the post in question was advertised in the lower pay-scale.