B.S. MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance of the applicants in this O.A. that their pay has not been fixed from the date of their promotion as SO(A) at par with the applicants in O.A. No. 293/2011 decided on 9.8.2012, stating that the benefits extended in that O.A. are applicable to the applicants in that O.A. only and not to the present applicants. Applicants herein have, therefore, stated that in terms of the various pronouncements of the Hon'ble High Court and Hon'ble Supreme Court that all persons similarly situated should be treated identically, and simply because one person has approached the Court would not mean that other persons similarly situated should be treated differently. It is also contended that Rules 5, 6, 7 & 11 of the Central Civil Services (Revised Pay) Rules, 2008 and notification dated 29.8.2008 are relevant in the present case. Applicants are stated to have exercised their option for fixing the pay from the date of their promotion. Applicants have also claimed that the Assistant Accounts Officer belonging to the same department, namely Defence Accounts Department and promoted during the period from 1.1.2006 to 31.8.2008 are performing the same duties and responsibilities as applicants herein, and thus are identically situated with applicants in O.A. No. 293/2011 working in the office of the Principal Controller of Pensions under the Administrative Control of respondent No. 3. The present applicants are, therefore, seeking the same reliefs as per judgment dated 9.8.2012 in O.A. No. 293/2011, as they are covered by the judgment in the said O.A. The following reliefs have been sought in this O.A.: - -

(2.) COUNTER reply has been filed by the respondents. They have averred that fixation of pay is to be done under the CCS (Revised Pay) Rules, 2008. They have stated that the claim of the applicants in the present case are being rightly denied. In reply to Para. 4.11 of the OA, they have stated as under: - -

(3.) IN this way, respondents have tried to justify the impugned communication dated 1.11.2013 at Annexure -A/1 in which it has been intimated that as per the direction of the Ministry of Finance (Department of Expenditure), the benefits extended in the case of O.A. No. 293/2011 are applicable to the applicants in that O.A. only.