SH. A.L. WAGHMARE AND ORS. Vs. UNION OF INDIA THROUGH SECRETARY, DEPARTMENT OF AGRICULTURE & COOPERATION, SECRETARY, DEPARTMENT OF EXPENDITURE AND JOINT SECRETARY (CROPS), DEPARTMENT OF AGRICULTURE & COOPERATION,

JUDGEMENT

(1.) FOLLOWING relief has been sought in this O.A.: -

(2.) REPLY has been filed in this O.A. by respondent No. 1, namely, Ministry of Agriculture. They have stated that the competent authority to exercise the power of upgradation of pay scales of Central Government employees is the Ministry of Finance and not the respondent No. 1. They have taken a decision as communicated by the speaking order dated 14.06.2011 after thorough examination of the facts and circumstances of the case. Further, they have submitted that the V CPC had made specific recommendations vide Para 56.10 of this report in respect of Scientific and Technical staff under the Department of Agriculture and Cooperation. In that they had stated that 33 posts of STAs of this department should be placed in the pay scale of Rs. 2000 -3500 and be re -designated as STA Grade -I whereas the balance 33 posts be continued in the existing pay scale but with re -designation of STA Grade -II. The said recommendation was accepted and notified in CCS (RP) Rules, 1997. Since only the upgradation of 50% of the posts of STAs had been recommended, it is clear that the recommendation of V CPC was in the nature of cadre restructuring exercise.

(3.) WE have considered the submissions of the respondents. Clearly they have not agreed to grant parity to the applicants with STAs of NBDC and RBDC. The question to be decided is whether the respondents were right in rejecting the parity between the two sets of STAs. For this we turn for guidance to the following pronouncements of the Hon'ble Supreme Court: -