DEBARAJ MOHANTY Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner, a Senior Storekeeper in the Swami Vivekananda National Institute of Rehabilitation Training and Research, in short, "the opposite party Institute", prays to give direction to the opposite parties for fixing his salary in the revised scale of pay w.e.f. 1.1.1986 at par with Senior Assistants and Senior Stenographers of the Institute.

(2.) The Petitioner's case is that he has been working with the opposite party Institute, which is one of the six National Institutes (Autonomous Bodies) under the Ministry of Social Justice and Empowerment, Government of India. He is working as a Senior Storekeeper w.e.f. 1.4.1980. There are four comparable grade posts in the ministerial cadre under the opposite party No. 2, which has the prescribed identical pay scale as per recommendation of the 3rd Central Pay Commission because of their equal duties and responsibilities and basing on the nature of work. The said posts with their corresponding pay scale as per the 3rd Pay Commission are as follows: <FRM>JUDGEMENT_432_FLR129_2011_1.html</FRM>

(3.) As per the 4th Pay Commission, the CCS. (Revised Pay) Rules, 1986 revised scale of pay of Rs. 425-800/- to Rs. 1400-2600/- w.e.f. 1.1.1986. However, the Government of India vide letter No. O.M. No. 2/1/90-CS.IV dated 31.7.1990 prescribed the revised scale of pay of Rs. 1640-60-2600-EB-75-2900/- for the pre-revised scale of pay of Rs. 425-15-500-EB-15-560-20-700-EB-25-800/- of the Assistant Grade of the Central Secretariat Service and Grade 'C Stenographers of Central Secretariat Stenographers service w.e.f. 1.1.1986. As per the order dated 31.7.1990, the revised pay scale was also made applicable to the Assistants and Stenographers in the other organizations, which was not participating in the Central Secretariat Service and Central Secretariat Stenographers service, but those posts were in comparable grade with the same classification and pay scale. The Petitioner further claims that the Senior Assistants, Senior Stenographers and Senior Storekeepers are assigned equal duties and responsibilities with the Assistants and Grade-III Stenographers of the Central Secretariat, for which they are also entitled to the said pay scale.