ASHOK NATH CHAKRAVARTY Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) PETITIONER and one Shri. K.C. Ghosh were appointed as Assistants in the Home Ministry after they cleared Assistants' Grade Examination, 1968. Shri K.C.Ghosh was junior to the Petitioner in the merit list. Both Petitioner and Shri K.C. Ghosh were included in the 1978 select list (seniority quota) and pursuant thereof Petitioner was appointed as Section Officer in the Ministry of Home Affairs; whereas Shri K.C. Ghosh was appointed as Section Officer in the Rural Development Ministry. Pay of Shri K.C. Ghosh was stepped up w.e.f.1st June, 1983 with reference to his junior Shri A.K.Dey, Section Officer in the Ministry of Rural Development.

(2.) PETITIONER claimed stepping up of his pay equal to that of Shri K.C.Ghosh w.e.f. 1st June, 1983 on the ground that he was senior to Shri K.C. Ghosh. His request was declined vide office memorandum dated 4th October, 1991. On Petitioner filing OA bearing No. 1181/1992 Tribunal set aside the order dated 4th October, 1991 with the direction to the Respondent to pass a speaking order. Thereafter, Petitioner filed a representation dated 24th December, 1996 for stepping up of his pay but same was rejected by the Respondent vide order dated 12th February, 1997.

(3.) TRIBUNAL held that Shri K.C. Ghosh upon his appointment as Section Officer was placed at the disposal of Rural Development Ministry and was in different cadre than that of Petitioner who was placed under the Ministry of Home Affairs; therefore, his pay was not liable to be stepped up viz -a -viz Shri K.C. Ghosh. Pay of Shri K.C. Ghosh was stepped up and was brought at par with his junior Shri A.K. Dey, who was working in the same Ministry i.e. Rural Development Ministry and belonged to same cadre. Petitioner was working as Section Officer in the Ministry of Home Affairs, which was different cadre. Plea of petitioner regarding "equal pay for equal work" was not tenable as it was not mandatory that all the members of cadre must receive the same pay, irrespective of their seniority, source of recruitment, educational qualification etc.