UNION OF INDIA Vs. KAILASH NIHARIKA

JUDGEMENT

(1.) The present Review Application has been filed by the respondent department on the ground that the applicants in OA -369/2010 were not entitled to the benefits of Office Memorandum dated 27.03.2011 of the Department of Personnel & Training as they were holding Group -C post in the parent department whereas they were appointed on deputation against Group -B post. Since they were not having the same post prior to their deputation they are not entitled to the benefits of the O.M. dated 27.03.2011.

(2.) Learned counsel for the respondents (original applicant in the OA) submits that the present review application is not maintainable: firstly, it has been filed after limitation period was over and no justification has been given for condonation of delay; and secondly, the respondent department wants to re -argue the whole matter, which is not permissible as per the settled law on the scope of review. 2.1 He further submits that the applicants were in the same pay scale of Rs.1640 -2900/ - (Revised to Rs.6500 -10500/ -) in their parent department and they were brought on deputation on the post which carried the same pay scale. He draws our attention to Govt. of India O.M. No. 13012/1/98 -Estt.(D) dated 12.06.1998 by which all the posts which were in the pay scale of Rs.6500 -10500/ - were declare Group -B from 1996. Both the applicants had been given the pay scale of Rs. 6500 -10500/ - w.e.f. 01.01.1996. Therefore, both of them were in the Group -B classification. 2.2 He further contends that classification follows pay scale not the vice versa. Employees belonging to a particular minimum pay and above are treated to be in a specific group classification enjoying facilities applicable to such classification. He refers to the Notification dated 13.11.2001 of the Ministry of Home Affairs (Department of Official Language) in which it has been clearly mentioned that Lecturers originally drawing the salary of Rs.1640 -2900/ - (Revised to Rs. 6500 -10500/ -) would be treated as Group -B officers w.e.f. 01.01.1996 on the basis of the recommendations of the Fifth Central Pay Commission.

(3.) Admittedly, the applicants were drawing the pay scale of Rs.1640 -2900/ - in the parent department and they have been on deputation on a post which carried an identical pay scale. Applicant No.1 joined on the deputation post on 21.11.1995 and Applicant No.2 on 05.10.1996. By the principle accepted by the government about classification of posts on the basis of pay scales applicant No.2 was conferred the status of Group -B officer even prior to his deputation. If applicant No.2 would be granted the benefits of O.M. dated 27.03.2001 when he joined the deputation post later in point of time, it would be illogical to deny the same benefits to applicant No.1.