UNION OF INDIA Vs. TARIT RANJAN DAS

JUDGEMENT

(1.) The respondent herein is working as Stenographer G. II in the office of the Deputy Director General, Geological Survey of India, N.E. Region. Prior to the recommendations of the 4th Central Pay Commission, the stenographers in the Central Secretariat were in the pay scale of Rs.425-800/- P.M. whereas the Stenographers in the Subordinate Offices of the Central Government were in the pay scale of Rs.425-700/- P.M. After the recommendations of the 4th Central Pay Commission, the pay scale of the Stenographers in the Central Secretarial was revised to Rs. 1400-2600/- whereas the pay scales of the Stenographers in the Subordinate Offices of the Central Government was revised to Rs.1400-2300/- P.M. The difference in the pay scales led to some grievances amongst the Stenographers of the Subordinate Offices and the matter was considered by the board of Arbitrators. Thereafter, on the recommendations of the Board of Arbitrators, the pay scale of the Stenographers of the Subordinate Offices of the Central Government was also revised to Rs.1400-2600/- P.M. bringing it at par with the Stenographers of the Central Secretariat.

(2.) By an office memorandum of the Central Government issued on 31st July, 1990, the pay scale of the Stenographer of the Central Secretariat was further raised to Rs.1640-2900/- P.M. In other words, there was again a disparity between the pay scale of the Stenographers of the Central Secretariat and of the Subordinate Offices of the Central Government. This revision or enhancement of the pay scale was with effect from 01.01.1986. Certain Stenographers of the Subordinate Offices of the Central Government approached the Central Administrative Tribunal in various States. The reference to the same would be made hereinafter. The respondent filed original application before the Central Administrative Tribunal, Gauhati Bench claiming parity of pay scale with that of the pay scale of the Stenographers of the Central Secretariat. However, the said Original Application No. 151 of 1991 was dismissed on 10.7.1998. The respondent herein filed a Review petition on various grounds, which need not be mentioned here. The Central Administrative Tribunal accepted the Review Petition and by the order dated 25th February, 2000 allowed the Original Application holding that the respondent (applicant before the Tribunal) was entitled to the same pay scale as a Stenographer, which was being enjoyed by the Stenographer of the Central Secretariat, i.e., Rs.1640-2900/- P.M. with effect from 01.01.1986. However, the arrears so calculated were confined to one year prior to the filing of the Original Application on 5.8.1991. The Union of India has filed the Writ Petition challenging the order passed by the Central Administrative Tribunal as aforesaid.

(3.) Before dealing with the argument raised by the learned counsel for the petitioners, suffice it to mention that it is not being disputed that the Stenographers in the following Subordinate Offices of the Central Government have been granted the pay scale of Rs.1640-2900/- P.M. with effect from 01.01.1986 pursuant to the orders passed by the Central Administrative Tribunal in various cases and in some of the cases the departments themselves have revised the pay scale : <FRM>JUDGEMENT_371_GAULT2_2002Html1.htm</FRM>