UNION OF INDIA Vs. ARUN JYOTI KUNDU

JUDGEMENT

(1.) UNION of India has moved the present writ petition challenging the Judgment and order of the Central Administrative Tribunal, Calcutta Bench, whereby the applications filed by the private respondents herein, were allowed directing the authorities to give the benefit of the same pay scales to the private respondents as are applicable to the Senior Clerks, Head Clerks and Office Superintendent - Grade -II with effect from 1.1.1996 with further direction to pay the arrears within three months from the date of communication of the order.

(2.) MORE than 200 employees under the railways holding the posts of Senior Typists, Head Typists, Chief Typists etc. filed applications before the Central Administrative Tribunal seeking direction upon the railways authorities to grant them benefit of pay scales as per recommendation of the 5th Pay Commission in respect of typists in categories (i) and (ii) therein and to grant pay scale at par with the general Clerical cadre i.e. Senior Clerks Rs. 4500 - Rs. 7000, Head Clerk Rs. 5000 - Rs. 8000/ - and Office Superintendent - Grade -II Rs. 5500 - 9000/ - in respect of Senior Typists, Head Typists and Chief Typists as equivalent post holder.

(3.) MR . K.K. Moitra, learned senior counsel appearing for the private respondents in the present writ petition referred to the report of the 5th Pay Commission to [sick] before this Court that the 4th Pay Commission also treated the said category of typists at par with the said general categories of clerks and this fact was taken note of by the 5th Pay Commission in its report which has since been accepted by the railways authorities. It has been argued by Mr. Moitra that after so accepting the 5th Pay Commission's report, refusal to give the benefits thereunder to one group of employees without there being overwhelming reasons showing effect on public interest, cannot be permitted. In support of such contention reference was made to judgment in the case of Purushottam Led v. Union of India reported in : (1973)ILLJ407SC , Laljee Dubey v. Union of India reported in : (1974)ILLJ248SC and Barindranath Jha v. Coal India Ltd. reported in 1996(2) CHN 273.