KRISHNA GOPAL SHARMA Vs. UNION OF INDIA THROUGH THE SECRETARY MINISTRY OF SCIENCE & TECHNOLOGY DEPARTMENT OF SCIENCE & TECHNOLOGY TECHNOLOGY BHAWAN, NEW MEHRAULI ROAD, NEW DELHI

JUDGEMENT

(1.) This is a second round of litigation. Earlier the applicant has filed OA -3185/2009, which was disposed of by the Tribunal vide order dated 10.11.2009, whereby this Tribunal has declined to interfere with the matter being a stale claim. Further the prayer of the applicant that liberty may be reserved to him to make representation before the respondents was also declined on the ground that no specific direction is required for this purpose and it is open to the applicant to file such representation as he considers necessary, which upon receipt be disposed of in the normal course within a reasonable period of time. A copy of the said order of the Tribunal dated 10.11.2009 has been placed on record by the applicant as Annexure A -23. Thereafter the applicant made representation dated 4.12.2009 (Annexure A -24) claiming benefit of the judgment dated 17.7.1997 passed by the Guwahati Bench of this Tribunal in OA -52/1996. The said representation was rejected by the respondents vide order dated 12.1.2010 (Annexure A -2). At this stage, it will be useful to quote the relevant portion of the aforesaid impugned order, which thus reads: -

(2.) It is this order as well as the earlier order dated 22.4.2009 (page 16 of the paper book), which is reply to the information sought for by the applicant under Right to Information Act, 2005, which cannot be said to be any order, are under challenge in this OA. The applicant has prayed for quashing of these orders and prayed that the direction may be given to the respondents to release the pay scale of Rs.550 -750 w.e.f. 1.11.1983 in terms of Office Memoranda dated 13.3.1984, 11.9.1987, 19.10.1994 and 1.6.2011 and also extend the benefit of judgment dated 17.3.1997 of the Guwahati Bench in OA -52/1996. The applicant has sought for a direction to the respondents to grant him the financial upgradation in the higher pay scale of Rs.6500 -10500 and Rs.8000 -13500 on account of such grant of pay scale. A direction to revise the pension w.e.f. 1.9.2005 has also been sought for by the applicant.

(3.) Notice of this application was given to the respondents, who have filed the reply affidavit wherein it has been stated that as per Ministry of Finance, Department of Expenditure vide OM dated 13.3.1994, the pay scale of Draftsman Grades, I, II and II has been revised based on the award of Board of Arbitration. The said OM was allowed to the Departments other than the CPWD subject to condition that their recruitment qualifications are similar to those prescribed in the case of Draftsman in CPWD.