SUGRIV Vs. UNION OF INDIA

JUDGEMENT

(1.) With the consent of parties, the matter is finally heard.

(2.) Present petition has been filed being aggrieved by the action of respondents in not removing pay anomaly and not fixing pay of the petitioners in proper pay band in proper grade pay of pay band after Sixth Pay Commission w.e.f 1.1.2006 and not granting the proper benefit of MACP to them on completion of 10, 20 and 30 years of service.

(3.) It is submitted that the petitioners are working as Kennel Man in National Training Center for Dogs. They were appointed prior to 1995 in non combatised group 'D' service. After 1995, Border Security Force started recruiting Kennel Man in combatised category, but the pay scale and financial benefits of both the categories of Kennel Man remained the same except additional benefits like uniform and ration to combatised personnel. After recommendation of Sixth Pay Commission, the anomaly started when the combatised Kennel Men were fixed in pay band 5200-20200 with grade pay 2000 whereas, petitioners were fixed in the pay band of 3200/- and 20200 with grade pay of Rs.1800/-. Combatised Kennel Men have been granted first MACP in grade pay 2400, IInd MACP in grade pay 2800 and third MACP in grade pay 4200, whereas, petitioners have been granted first MACP in grade pay 4200, whereas, petitioners are fixed in pay band 5200-20200 with grade pay 1900, second MACP in grade pay 2000 and third MACP in grade pay 2400 whereas, combatised Kennel Men are performing the duties of similar nature have been discriminated which is clearly illegal and arbitrary. The action of respondents is against recommendations of Sixth Pay Commission and directives of Finance Department and DOPT Govt. of India. Thus, they have filed present petition for a direction to the respondents to treat the petitioners at par with combatised Kennel man and to further direct to grant grade pay 2000/- with effect from 1.1.2006. Petitioners have placed reliance upon the judgment passed by Hon'ble High Court of Delhi in the case of Dftry Bhimraj Singh Vs. Union of India and Others in W.P.(C) 3930 of 2011 where, similar issue was involved and the petition was allowed and mandamus was issued to the respondents to pay grade pay to the petitioner at the rate of 2000/- per month with effect from 1.1.2006. He has further brought to the notice of this court that there is no difference in the duties and working of the combatised Kennel Man and non combatised Kennel Man. Thus, accordingly, he has prayed for similar relief being extended to them as has been extended to other persons.