MAHENDRA PAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are OT Technicians working in Lady Hardinge Medical College. Before the implementation of 5th Central Pay Commission recommendations, they were placed in the pay scale of Rs.1200-2040. The Laboratory Technicians working in the hospitals were getting pay scale of Rs.1320-2040. These OT Technicians therefore represented before 5th Pay Commission for grant of same pay scale as given to Laboratory Technicians on the ground that they were discharging similar duties. 5th Pay Commission went into this aspect and in its report recommended same pay scale as given to Laboratory Technicians, namely, Rs.5000-8000 (revised scale of Rs.1600-2660 which scale was given to the Laboratory Technicians prior to its revision). The operative portion of the said recommendation contained in para 52.78 reads as under :-

(2.) This recommendation was accepted by the Government. The pay scale of petitioners and other similarly situated persons was fixed in the revised scale of Rs.5000-8000 vide orders dated 22nd December, 1998 and the petitioners were enjoying the scale for quite some time. However, sometime in the year 2005, the respondents took the view that the petitioners herein were not entitle to the revised pay scale of Rs.5000-8000, inasmuch as, as per the recommendations of 5th Central Pay Commission that pay scale was to be granted only to those OT Technicians who were having a minimum qualification of BSc. plus diploma/certificate in the relevant subjects. Show-cause notices were issued to the petitioners and thereafter, petitioners were placed in the pay scale of Rs.4000-6000. Challenging the said order of the respondents, petitioners preferred the application under Section 19 of the Administrative Tribunal Act which has been dismissed by the Tribunal vide orders dated 3rd August, 2006 and impugning these orders, present writ petition is filed.

(3.) Perusal of the order of the Tribunal would show that Tribunal was of the opinion that the higher pay scales were recommended by the Central Pay Commission only with the condition that it would be admissible to those who were having the higher qualification of BSc. plus diploma/certificate in the relevant subjects. This conclusion is contained in para 15 of the impugned judgment which is to the following effect :-