INSTRUCTOR WELFARE PARISHAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition is directed against the orders dated 20. 3. 2007 in O. A. No. 730/2005 and order dated 14. 8. 2007 in R. A. No. 129/2007 by which Tribunal declined the prayer of the petitioner for grant of pay-scale of Rs. 5000-8,000/ -.

(2.) THE petitioner Association seeks equal pay scales for the cadres of junior Craft Instructor and Craft Instructor in the department of Social welfare, Govt. of NCT of Delhi. The members of Association are working in institutions such as like widow homes, schools for blind and home for mentally retarded persons etc. and impart training and education to inmates of these institutions. The scale attached with the post of Craft Instructor was Rs. 1400-2600/- while that of Junior Craft Instructor was Rs. 1200-2040/ -. The pay-scales have since been revised to Rs. 5000-8000/- and Rs. 4500-7000/- after the implementation of the Fifth Central Pay Commission. It is stated that the responsibilities of the two cadres are interchangeable and the members of the cadres are doing similar work. It is the case of the petitioner that the duties and responsibilities of Junior Craft Instructors and Craft Instructors are same but there is discrimination as they are placed in different pay scales.

(3.) PETITIONER Association made a representation to the Fifth Pay commission on 25. 8. 1994, for merger of posts and revision of pay scales of junior Craft Instructors and Craft Instructors. The representation was rejected. The Association then approached the court by way of O. A. No. 1012/1997 which was dismissed vide order dated 2. 6. 2000. The Tribunal held that the pay-scales are determined keeping in view the various factors including the nature of duties and responsibilities, educational qualifications, experience, mode of recruitment etc. The pay-scale of a post is decided by the Executive of expert body. It is admitted fact that the Fifth Pay Commission considered the case of the applicant but did not accept their demand.