ASHOK KUMAR Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) THE petitioners in these petitions under Article 226 of the Constitution of India assail the common order passed by the Central Administrative Tribunal (CAT/ Tribunal) in their respective Original Applications being O.A. Nos. 775/2012 and 773/2012, whereby the Tribunal dismissed their said applications. The petitioners had approached the Tribunal to seek a direction to the respondents to refix their pay scales in accordance with the Central Civil Services (Revised Pay) Rules, 2008. (for short, 'Revised Pay Rules') - on the ground that it had been wrongly revised downwardly vide order dated 18.10.2011.

(2.) THE facts of the two cases are more or less identical. On 31.12.1998, the petitioners were appointed was Retainer Crew Conductor on temporary basis with effect from 10.12.1998. On 26.05.2004, they were brought on monthly rates of pay with effect from 01.06.2004 in the pay scale of 3200 -85 -4900, when basic pay of the petitioners was fixed at Rs. 4800 in the pay scale of 3200 -85 -4900 as per the Central and State Government guidelines. It was thereafter fixed at Rs. 4927.50 in July, 2005, which stood enhanced to Rs. 5055 in July 2006; Rs.5182.50 in June 2007 and; Rs. 5310 in June 2008.

(3.) THE petitioners alleged discrimination by contending one Sh. Om Prakash - working at the same post in Dwarka Depot II of the respondent corporation got a salary of Rs. 10,130, while in January 2012 the respondent reduced the basic pay of the petitioners to the level of Rs. 9710. The petitioners claimed that Rule 7, Note 7 of the revised pay rules had been breached by the respondent, which reads as follows: