SECRETARY (FINANCE) Vs. SHAHAR BAN M.K.

JUDGEMENT

(1.) The Administrator, Union Territory of Lakshadweep and another have filed this OP (CAT) challenging the final order dated 22-02-2019 in OA No.403/2017 and the order in RA No.19/2009 in OA No.403/2017 on the file of the Central Administrative Tribunal, Ernakulam Bench.

(2.) The respondent who was the applicant before the Tribunal was appointed to the post of Agriculture Supervisor in the Lakshadweep Administration on 20-01-2011. On 25-07-2016 the Government of India issued the Central Civil Service (Revised Pay) Rules, 2016 (the 'Revised Pay Rules, 2016') which apply to posts under the Lakshadweep Administration also, following the recommendations of the 7th Central Pay Commission. It is not in dispute that as per the Revised Pay Rules, 2016, the post of Agricultural Supervisor/Junior Technical Assistant got upgraded and merged with the posts of Agricultural Demonstrator / Fertilizer Demonstrator etc. The grievance of the respondent before the Tribunal was that following the merger of the posts her pay ought to have been fixed at level 5 of the pay matrix together with corresponding grade pay instead of level 4 of the pay matrix.

(3.) This claim of the respondent was resisted by the Lakshadweep Administration by pointing out that the recommendation of the 7 th Central Pay Commission was on the basis that the basic qualification for the post of Agricultural Supervisor was graduation whereas under the applicable Rules for the said post in the Lakshadweep Administration the basic qualification was only Plus Two or equivalent with 2 years Diploma in Agricultural Science / Horticulture from a Government recognized University and in their absence those with the qualification of B.Sc Agriculture could apply. In the reply statement filed before the Tribunal, it is pointed out that the respondent was having only 2 years Diploma in Agriculture and not B.Sc (Agriculture).