N V R KRISHNAN Vs. CENTRAL ADMINISTRATIVE TRIBUNAL, CHENNAI BENCH, REP BY ITS REGISTRAR, HIGH COURT BUILDING, CITY CIVIL COURT COMPLEX, CHENNAI

JUDGEMENT

(1.) W.P.No.28404 of 2016 has been filed to quash the order passed by the first respondent in O.A.No.501 of 2013 dated 01.09.2015 and the consequential orders passed by the Tribunal in R.A.No.25 of 2015 in O.A.No.501 of 2013 dated 07.01.2016 confirming the order of the 2nd respondent in No.DGET-C-18012/10/2002-TA-I dated 14.09.2012 and to consequently direct the respondents to upgrade the post of Junior Maintenance Mechanic (JMM) on par with Vocational Instructor along with consequential benefits including seniority from the date of appointment of the petitioner as Junior Maintenance Mechanic.

(2.) W.P.No.28405 of 2016 has been filed to quash the order passed by the first respondent in O.A.No.504 of 2013 dated 07.10.2015 and the consequential orders passed by the Tribunal in R.A.No.26 of 2015 in O.A.No.504 of 2013 dated 07.01.2016 confirming the order of the 2nd respondent in No.DGET-C-18012/10/2002-TA-I dated 14.09.2012 and to consequently direct the respondents to fix the scale of the Junior Maintenance Mechanic on par with Vocational Instructor with all consequential arrears of pay from the date of appointment of the petitioner to the post of Junior Maintenance Mechanic, as done for other similarly placed Maintenance Staff like Vocational Instructor Machinist General, Vocational Instructor, Fitter General and Maintenance Electrician.

(3.) It is the case of the petitioner that he was appointed as Junior Maintenance Mechanic in July 1992 in the pre-revised scale of Rs.1400-2300, under the Ministry of Labour in Directorate General of Employment and Training (DGE & T) at Advanced Training Institute. Under the same DGE & T, there are other posts in the name of Vocational Instructor Machinist General, Vocational Instructor Fitter General and Maintenance Electrician in the pre-revised scale of Rs.1640-2900. All these posts fall under Group-C in the field of maintenance and the nature of duties and responsibilities are also similar. However, only the post of Junior Maintenance Mechanic held by the petitioner was fitted in the lower pay scale of Rs.1400-2300. Hence the petitioner made representations to the Department to upgrade the post of Junior Maintenance Mechanic at par with Vocational Instructor Machinist General, as the function, recruitment rules and duties for Junior Maintenance Mechanic and Vocational Instructor Machinist General are one and the same. His request was rejected by the Department. The orders impugned in these writ petitions are the orders passed by the Tribunal in O.A.No.501 of 2013 and 504 of 2013 dated 01.09.2015 and 07.10.2015 respectively, wherein the claim of the petitioner was rejected. Further, the review applications filed by the petitioner to review the said orders, also came to be rejected by order dated 07.01.2016. Hence these writ petitions.