UNION OF INDIA Vs. A.SIVAIAH

JUDGEMENT

(1.) The respondents/writ petitioners filed W.P.No.4769 of 2003 seeking for issuance of Writ of Mandamus declaring the Memo.No.CSB-80(1)/2001-ES.I, dated 15.11.2001 of the 2nd respondent, Central Silk Board, so far as it grants the benefits of the Revised Scale of Pay i.e. Rs.5000-150-3000 with effect from 15.11.2001 instead of granting the same with effect from 01.01.1996, as arbitrary and illegal and consequently direct the appellants/respondents to grant the benefit of the Revised Pay Scale of Rs.5000-150-3000 to them with effect from 01.01.1996 on par with the other employees and release all consequential benefits including arrears of pay, increments etc.,

(2.) The case of the respondents/writ petitioners, in brief, is that they are working under the control of the 2nd appellant as Technical Assistants and were placed in the time scale of Rs.1400-40-1800-EB-50-2300. As per the recommendations of the V Pay Commission, by order dated 21.10.1997, the pay scale attached to the post of Technical Assistant of Rs.1400-2300 was revised with effect from 01.01.1996 to that of Rs.4500-125-7000. The employees of the 2nd appellant are governed by the Service Regulations of the Central Government Employees and the 2nd appellant is also adopting and implementing the recommendations of the Central Pay Commission with regard to pay scales of the Central Silk Board Employees. Following the recommendations of the V Central Pay Commission, the 2nd appellant has adopted the same in its proceedings dated 21.10.1997. The Government of India has approved the application of the Pay Scales as recommended by the V Pay Commission to the employees of the 2nd appellant with effect from 01.01.1996 in the light of the provisions contained in the Ministry of Finance Notification dated 30.09.1997. It is significant to note that for the post which carried the pay scale of Rs.1400 to 2300 in the Ministry of Textiles, the same was revised to Rs.5000-150-8000 whereas, the pay scales of Technical Assistants employed with the 2nd appellant were revised from Rs.1400-2300 to Rs.4500-125-7000. This anomaly was brought to the notice of the 2nd appellant by the writ petitioners on 12.03.1998 and 26.08.1999 by the Technical Assistants including the writ petitioners. After the revision, by order dated 29.01.2002, the pay scales attached to the post of Technical Assistant have been brought on par with those, for whom the similar revision of scale of pay as that have been recommended by the V Central Pay Commission.

(3.) Further, the post of Junior Translator (Hindi) in the Central Silk Board also carried the pre-revised pay scale of Rs.1400-2300 and the same has been revised to Rs.5000-8000 with effect from 01.01.1996. Similarly, pay of all other employees in the cadre of Senior Research Assistants was revised in the respective cadres with effect from 1.1.96. However, by the impugned order dated 15.11.2001, the 3rd appellant has chosen to revise the scale of pay with effect from 15.11.2001, instead of 01.01.1996 as it has been done in the case of other employees employed with the appellants. Aggrieved by this, the writ petitioners have represented it to the appellants on 28.02.2002 and 10.10.2002 but to no avail. Hence, the present writ petition.