ASHA SETHI Vs. UNION OF INDIA

JUDGEMENT

(1.) As identical issues arise for consideration in both these Writ Petitions, the same are being disposed of vide this common order. The facts of both the writ petitions shall be narrated separately.

(2.) The petitioner was appointed as Social Worker on temporary basis on Jan. 31, 1976 at the National Institute for the Mentally Retarded in the pay scale of Rs.425-640. She was substantially appointed on the said post on Dec. 09, 1982 with effect from Dec. 22, 1981. While she was working on the said post, the scale of the post of Social Worker was upgraded from Rs.425-640 to Rs.440-750 with effect from July 23, 1983. Pursuant to the recommendations of the 4th Central Pay Commission, the pay scale of the petitioner was revised to Rs.1400-2600.

(3.) On Dec. 13, 1997, she was appointed as Senior Social Worker in the pay scale of Rs.6500-10500, which is the replacement scale of Rs.1640 -2900 granted on completion of 12 years of regular service. In terms of the ACP Scheme, the petitioner was granted second financial up-gradation in the pay scale of Rs.7450-11500 with effect from Jan. 31, 2000 vide order dated March 28, 200 It is averred that on April 25, 2003, the petitioner made a representation to the respondent No. 2 drawing their attention towards recommendation of the 5th Central Pay Commission according to which, Senior Social Worker is entitled to pre-revised pay scale of Rs. 2200-4000. She had also drawn the attention to the fact that the scale under 2nd Financial up-gradation applicable to the Social Worker in Child Guidance Centre is Rs.8000-13500. She accordingly requested the respondent No. 2 to review her second ACP by granting her the scale of Rs.8000-13500.