SELVARAJ. M Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner who retired from the service on 01.02.2013 while working as Overseer/Superintendent BR II filed this writ petition to redress the grievance regarding the disparity in the amounts which were being paid to him by way of 'salary' and also the difference in the rate of 'pension'. The petitioner seeks for fixation of pay in the scale of 5000 -8000 with effect from 01.01.1996 and thereafter to put him in the pay band of PB II of Rs. 8700 -34800 along with the grade pay of Rs. 4200/ - and to re -compute the pension and for consequential disbursement of benefits flowing such actions.

(2.) THE grievance relates to the difference in qualification and quota prescribed for promotion to be given to the Diploma holders and Degree holders. Admittedly, the petitioner was not even having the Diploma and hence he was declined the benefit of promotion to the concerned post by the Departmental Promotion Committee as against the quota earmarked for the Diploma holders. Challenging the disparity in the pay packet between the junior promoted Diploma holders and senior non -diploma holders, some of the serving and retired employees approached the Gauhati High Court by filing W.P. (C) No. 51 of 2009. That was allowed and the respondents therein were directed to revise the pay scale of the petitioners therein (similarly situated as the petitioners herein) at 5000 -8000 with effect from 01.01.1996. Though a writ appeal was preferred therefrom, it did not turn to be fruitful and the same was dismissed as per judgment dated 18.2.2011(in W.A. No. 19 of 2010). The Revenue took up the matter further by approaching the Hon'ble Apex Court by filing SLP. The Hon'ble Apex Court declined to interfere with the matter and the SLP was dismissed as per order dated 01.11.2011. The petitioner contends that pursuant to the verdicts as aforesaid, the Department finally decided to implement the said pay scale, by passing consequential order dated 17.4.2012. Petitioner seeks for similar relief.

(3.) NO counter affidavit has been filed from the part of the respondents and there is no dispute with regard to the sequence of events. This Court finds that the issue involved in this case is squarely covered by the judgments as aforesaid, more so, when the SLP preferred against the verdict passed by the Division Bench of the Gauhati High Court in W.A. No. 19 of 2010 has been dismissed. Based on such findings a number of writ petitions filed by similarly situated persons were disposed of. In the above circumstances, the petitioner herein, who is stated as similarly situated as that of the petitioners referred to in the above judgments, is also entitled to have similar relief. It is ordered accordingly. Respondents are directed to refix the pay of the petitioner in the relevant scale with effect from 01.01.1996 and the arrears of salary as well as arrears of pension shall be disbursed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment.