TOMY THOMAS Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THESE writ petitioners are directed against the order passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O. A. Nos. 618 and 627 of 1995 rejecting the claim of the petitioners for equal pay with that of opposite party no. 3.

(2.) ORIGINALLY the Institute of Hotel Management, Catering Technology and Applied Nutrition was jointly sponsored by the Government of India and Government of Orissa in the name of Food Crafts Institute in 1973. But in course of time, the Government of India has taken over its management and responsibility for financing it and as such at National level a policy decision was taken under the name and style "Institute of Hotel Management. Catering Technology and Applied Nutrition '' (hereinafter referred to as ''Institute ''), In the year 1984. Recruitment Rules have been framed with effect from 1 -1 -1984. Central scale of pay for various category of posts was made applicable on and from 1 -1 -1984. The Evaluation Committee set up by the Institute was authorised to consider the individual cases to bring them into the revised scale as per the guidelines of the Finance Department. But however, the petitioners ' name were not sponsored with effect from 1 -1 -1984. But the opposite party No.3 was held to be entitled to the new scale of pay on and from 1 -1 -1984. The petitioners along with others filed a case before this Court claiming scale of pay on par with opposite party No.3 in OJC No. 591 of 1987. During the pendency of the previous writ petition, the opposite party No. 1 took an administrative decision whereby the petitioners and others who were found eligible have been allowed to draw the new scale of pay. This Court referring to the counter affidavit filed by opposite party No.2 held as follows: -O.J.C. NOS. 590 AND 591 OF 1987 ''5. 6 -8 -91 The petitioners were Lecturers in the Institute of Hotel Management. Catering Technology and Applied Nutrition, when they approached this Court in 1987. They wanted fixation of their pay in the central pay scale. This relief has since been given as would appear from the additional affidavit filed on behalf of the opp. parties today. By the resolution enclosed along with the affidavit, the petitioners have been allowed the Central Scale of pay after relaxing the essential qualification with effect from 1 -1 -1985 as it is from that date that the State Government Scale of pay became higher. In the additional affidavit it has been also stated that the petitioners have been drawing their pay in the central scale and they have also received their arrear dues. In view of these, the prayer of the petitioners have been acceded to and the present applications have, therefore, become infractuous, and are closed."

(3.) FROM the Gradation List filed by opposite party Nos. 1 and 2. it seems both the petitioners ranked senior to opposite party No. 3. Petitioner Tomy Thomas has joined service some times in 1979 whereas petitioner Sayed Mohammed Sidique and opposite party No. 3 C.K. Mohapatra joined on the same day i.e. on 11 -3 -1983. In the Gradation List both the petitioners namely. Tomy Thomas and Sayed Mohammed Sidique were shown senior to opposite party No. 3, Sri C.K. Mohapatra. But while the Evaluation Committee took up their individual cases into consideration, the petitioners Tomy Thomas and Sayed Mohammed Sidique were found not suitable at that Lime. Therefore, they were not allowed to draw the Central scale of pay with effect 1 -1 -1984 whereas opposite party No.3. C.K. Mohapatra having Graduate Degree was allowed to draw central scale on and with effect from 1 -1 -1984. On being asked to Mohapatra, learned Standing Counsel appearing for opposite party Nos.l and 2 as to what are the criterion for giving higher scale of pay, he produced the guidelines fixed by the Tourism Department, Central Government which is reproduced herein below: - Asst. Lecturer -Cum - Asst. instructor 470 -15 - By direct N.A. 530 -EB - recruit -20 -650 - ment 25 -750 Qualifications N.A. A. For Cockery/Bakery & & Confectionery'/ 20 -28 Restaurant & Counter -Service/Hotel Reception & Book Keeping: 3 years Diploma in Hotel Management & Catering Technology (at least 2nd Division) or equivalent. B. For Housekeeping: As above or M.Sc. with Home Management Major and Cloth & TextileMinor. Experience : At least one year's experience in the relevant field. Desirable : Post Diploma in Specialised Hotel Management. A Craft Certificate in the relevant field.