SITARAM YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India is directed against the order dated 10/02/2009 in O.A. No.701 of 2007 by Central Administrative Tribunal, Jabalpur Bench Circuit Bench at Gwalior (hereinafter referred to as 'the CAT').

(2.) Relevant facts for the disposal of this petition are to the effect that petitioner No. 1, Sita Ram Yadav was initially appointed on the post of Store Issuer with effect from 26/10/1981 and since then, he is working on the said post. Likewise petitioner No. 2, Surendra Prasad was initially appointed as Store Chaser with effect from 02/12/1983 and since then, he is working on the said post. Pay scales of both the posts are one and same, i.e., Grade of Rs. 210/- + DA. Both the petitioners were conferred the temporary status with effect from 01/01/1984 & 26/11/1984 vide orders dated 15/12/1986 and 24/11/1986, respectively. Thereafter they were placed in the pay scale of Rs. 210-270/ (Annexure A/2 annexed with the writ petition at page No. 41). Vide order dated 20/03/1998, the petitioners working in the construction organization were posted against the newly created work charged post of Store Chaser in the grade of Rs. 2750-4400 (RSRP) (Annexure R/4 annexed with the petition at page No. 69). With the aforesaid facts, petitioners sought parity with Material Clerk posted in stores on the premise that mode of selection/appointment for all the three posts is identical and nature of duties are also same, however, the pay scale of Material Clerk was higher. Therefore, they are entitled for the pay scale as payable to Material Clerk, i.e., Rs. 3,050-4590 (RSRP) as against pay scale of Rs. 2750-4400 (RSRP). Petitioners drew strength from the judgment of the Supreme Court in the case of Ram Kumar and others Vs. Union of India, 1988 AIR(SC) 390 relevant portion is quoted below:

(3.) It was contended that they were accorded temporary status of Store Issuer/Store Chaser and thereafter were posted in the newly created Work Charged posts of Store Issuer/Store Chaser with immediate effect in the grade of Rs. 2750-4400 (RSRP) respectively, vide order dated 20/03/1998.