UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL BENCH

JUDGEMENT

(1.) THE facts in brief are as follows :-

(2.) BEFORE the Tribunal, a reply was filed by the present petitioner No,3, who was Respondent No,3 in O.A.No,711 of 2006. In such reply it was contended that the post of Sheet Metal Maker in JIPMER was a Group "D" post with a pay scale of Rs.800-1150, which was subsequently revised after V Pay Commission in the pay scale of Rs.2610-4000. The duties and responsibilities of such post are repair and fabrication of Sheet Metal Bodies for small equipments or turning work on lathe, arc welding work and repair of different types of trolleys. On the other hand, the post of Sheet Metal Maker in Safdarjung Hospital in Delhi is a Group "C" post having different duties and responsibilities. It was indicated that the applicant's earlier representation for upgradation of pay has been forwarded to the Directorate General of Health Services, New Delhi. It was also pointed out that question of reclassification of the post comes within the purview of the expert bodies like Pay Commission and ultimately by the Ministry.

(3.) IN the writ petition, the petitioners have raised a contention that the educational qualification for the post of Sheet Metal Worker in Safdarjung Hospital is pass in 10th Standard, whereas the educational qualification for the post of Sheet Metal Maker in JIPMER is pass in 8th Standard and certificate in the relevant field in a recognised institution and, therefore, both the posts cannot be equated as similar. A contention is also raised that both the posts fall under two different categories and work involved are different from each other and the nature of duties are not being identical, no direction could have been issued by the Tribunal. It has been specifically indicated ". . . The Tribunal failed to afford an opportunity to the petitioners to compare the services of the two posts and to report tribunal before drawing any presumptions against the petitioners" (sic. - quoted from the grounds).