MAMATA DEBNATH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners were appointed as Veterinary Compounders on regular basis in October, 1999 on an initial pay of Rs.2650/ - in the scale of pay of Rs.2650 -4000 and other allowances as admissible as per rules under the Directorate of Animal Husbandry and Veterinary Services of A & N Islands.Both of them were directly recruited in the said post which was Group -D non -gazetted, non -ministerial post. As per the recruitment rules, 75% of the vacancies in the said post are to be filled up by promotion from the cadre post of Veterinary Stockman and Laboratory Attendant having three years ' service in the cadre post and remaining 25% of the vacancies are to be filled up by direct recruitment. The educational qualification prescribed for the direct recruit, is higher than the educational qualification which is prescribed for the promotee under the Recruitment Rules. For the direct recruitment the candidates must have passed 12th standard. Candidates in the cadre post who passed Class -VIII standard are eligible for promotion to the post of Veterinary Compounder. The pay scale for the Veterinary Compounders was uniformly fixed all throughout, irrespective of the nature of their appointment i.e. either by direct or by promotion or by deputation transfer.

(2.) PROBLEM started when the 5th Central Pay Commission recommendations were sought to be implemented in A & N Islands by the Administration of A & N Islands. As a matter of fact 5th Pay Commission Report recommended for grant of the pay scale of Rs.2650 -4000 to the Veterinary Compounders who were in the pre -revised scale of Rs.800 -1150. The 5th Central Pay Commission also recommended for revision of pay scale of those employees who were in the pre -revised scale of Rs.950 - 1500 by giving them the pay scale of Rs.4000 -6000 provided they were matriculate and had also completed the requisite training course. As per the existing hierarchy position of Para Veterinary staff in A & N Islands, senior Veterinary Compounder holding Group -C post had been enjoying the pay scale of Rs.950 -1500 before revision of their pay scale as per the recommendations of the 5th Central Pay Commission. Senior Veterinary Compounder which is earmarked as Group 'C ' post is the next higher post to the Veterinary Compounder in the existing hierarchy position of Para Veterinary staff in these Islands. The post of Senior Veterinary Compounder is also filled up partly by direct recruitment and partly by promotion from the cadre post of Veterinary Compounder. Thus even a less qualified employee who is in the cadre post of Veterinary Compounder, is equally eligible to be considered for promotion to the post of Senior Veterinary Compounder along with the Veterinary Compounder who are recruited directly having higher qualification than the promotees in the cadre post.

(3.) AFTER completing the requisite training course as per the recommendations of the 5th Central Pay Commission in 2001, the petitioners submitted their representations before the concerned authority for grant of pay scale of Rs.4000 -6000 to them. Such prayer of the petitioners was ultimately rejected by the Ministry of Agriculture, Department of Animal Husbandry and Dairying and Fisheries, Government of India and its decision was communicated to the Secretary(Agriculture), A & N Administration by the Under Secretary to the Government of India vide his letter dated 31st May, 2010. In pursuance of the said communication the administration of A & N Islands also passed an order being No.1050 dated 1st July, 2010, by refusing to grant the pay scale of Rs.4000 -6000 to the petitioners as well as the other two Veterinary Compounders who were directly recruited in the said post having identical educational background with that of the petitioners. The reasons for which the petitioners ' prayer for grant of the pay scale of Rs.4000 - 6000 was rejected by the competent authority of Union of India are as follows: -