S.S. YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicants, in this OA, have questioned the action of the respondents for not considering and not granting the applicants the grade pay of Rs.4600/ - in the Pay Band -2. The applicants were working on the post of Assistant in Field Offices in the Air Force. On the other hand, vide OM dated 16.11.2009, it has been decided by the Government to grant the Grade Pay of Rs.4600/ - to all the Assistants w.e.f. 01.01.2006.

(2.) BRIEFLY stated the facts of the case are that the applicants have been working against the posts of Assistant in various units of Air Force under Air Force Head Quarters (AFHQ) and Command Head Quarters (CHQ). The hierarchical structure, duties, functions and responsibilities of the post held by the applicants are the same as that of the post of Assistant in the Field units as well as in the AFHQ. Prior to 6th Central Pay Commission, the Assistants working in the Field units/subordinate offices were getting the pay scale of Rs.5000 -8000, whereas Assistants working in AFHQ were getting the pay scale of Rs.5500 -9000. There was, therefore, a demand on behalf of Assistants in the Field Units to maintain parity between the Assistants working in Field Units and Assistants working in the AFHQ. This was considered by the 6th Pay Commission and it was recommended that parity between Field Offices and Secretariat, as has been proposed, be given to the Field Offices in order to ensure better delivery. The Commission had recommended parity between similarly placed posts in Field and Secretariat Offices and hence no separate recommendation was, therefore, necessary. The 6th Central Pay Commission recommended merger of three pre revised scales of pay of Rs.5000 -8000, Rs.5500 -9000 and Rs.6500 -10500 and the post of Assistants were also merged with that of Office Superintendent in the pay scale of Rs.6500 -10500 with Grade Pay of Rs.4200/ -.

(3.) THE following reliefs have been sought in this OA: -