R.S RANA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in this Writ Petition is to the order dated April 30, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (the Tribunal) in O.A No.298/2008, whereby the Tribunal has rejected the claim of the petitioners to be placed in the scale of Rs.2375-3500 with effect from January 01, 1986. Pursuant to the recommendations of the 4th Central Pay Commission,

(2.) A Committee headed by Dr.N. Sheshagiri was constituted by the Department of Electronics to examine and suggest reorganization of Electronic Data Processing (EDP) Posts and suggest uniform scales and designations for these posts in the offices of the Central Government. Pursuant to the recommendations given by Dr.N. Sheshagiri, the Ministry of Finance, Department of Expenditure issued O.M dated September 11, 1989 on rationalization of pay scales of EDP Posts. In terms of the said O.M, all Ministries/ Departments were required to review the designations/ pay scales and recruitment qualification of the EDP Posts in their respective departments in consultation with their Financial Advisors. In so far as the Ministry of Defence is concerned, under the cadre control of Joint Secretary, Training and CAO, the EDP Posts existed in different organizations namely Air Headquarters, JCB, Signal Intelligence Directorate/ Army Headquarters, ADJ Systems/ Army Headquarters etc. The respondent No. 3 i.e. Joint Secretary, Training & CAO restricted the EDP Posts in the Ministry of Defence on the basis of report of Dr.Sheshagiri vide communication dated January 08, 1991. Further guidelines for rationalization of pay scales of EDP Posts were issued on September 15, 1993.

(3.) THEY had earlier filed an O.A No.397/2006 before the Tribunal making a claim for the pay scale of Rs.2375-3500, as applicable to Statistical Investigators, who were re-designated as Programmers. The primary ground of challenge raised by the petitioners was that the feeder post and the promotional post carry identical pay scale, which according to the petitioners was not in consonance with the decision of the Full Bench of the Tribunal, reported as (2002) 2 ATJ 6 M.V Rao & Ors. vs. Union of India & Ors. The Full Bench held that holders of lower as well as higher post having the same pay scale would amount to inequality and violation of Article 14 & 16 of Constitution of India. The petitioners also referred to an order passed in O.A No. 1288/2004, M. Krishnamurthy & Ors. vs. Union of India & Ors., decided on February 03, 2005, wherein the Technical Assistants & Statistical Assistants (re-designated as Group D), who were in the pay scale of Rs.1600-2660 were granted the upgraded pay scale of Rs.2000-3200 with effect from January 01, 1986. O.A No.397/2006 was disposed of by the Tribunal with a direction to the respondents to finalize revision of the pay scale of the petitioners from the due date as prayed for, by passing a reasoned and speaking order within a period of three months. The respondents vide order dated August 16, 2007 rejected the claim of the petitioners for grant of scale of Rs.2375-3500. In the order, in para Nos.4,8 & 10 the respondents have observed as under:-