UNION OF INDIA Vs. SURENDRA NATH DEURI

JUDGEMENT

(1.) In assailment is the judgment and order dated 05.03.2012, passed by the learned Central Administrative Tribunal (for short hereafter referred to as the Tribunal) in O.A. No. 52/2009, directing the respondents therein to grant pay scale of Rs. 5500-9000/- to the applicants for the period from 01.01.1996 to 31.12.2005 with consequential benefits, however, sans the arrear and allowances. A time frame of four months was fixed for the purpose. Being dissatisfied, an application for review of the said decision was made by the respondents, which was registered as Review Application No. 03/2010 and was, eventually, rejected by the learned Tribunal vide its order dated 05.03.2010. This verdict, on the application for review, thus, also constitutes the subject matter of challenge in the instant petition. The respondents before the learned Tribunal are the writ petitioners herein. We have heard Ms. D Sinha, learned Central Government Counsel for the petitioners and Mr. D Mazumdar, learned counsel for the respondents (Applicants in the proceeding before the learned Tribunal).

(2.) Filtering out the unnecessary details, the facts in bare minimum projected by the rival pleadings have to be outlined at the outset to better comprehend the arguments advanced. The respondents are in the rolls of the Survey of India, Assam Nagaland GDC, Guwahati (for short hereafter also referred to as the SOI) and are presently posted as Survey Assistants. They were initially appointed as Topo Trainee Type B and were promoted, at the first instance, to the post of Plain Tabler/ASD/Man/Topo Auxiliary Grade-IV and, eventually, as Survey Assistant under Division-I (Establishment) of SOI in the pay scale of Rs. 5000-8000/- . According to them, their duties include topographical survey in the field, fair drawing of topo sheets, digitization, examination of topo sheets etc. They have stated that in Division-I (Establishment) of SOI, there are three categories of posts, namely, Surveyor, Survey Assistant and Draftsman (Grade-I). Whereas, the post of Survey Assistant and Draftsman are to be filled up by promotion from the feeder post of Plain Tabler Grade-II/ASD/MAN/Topo Auxiliary Grade-II and Draftsman Grade-II respectively, 66 2/3% of the posts of Surveyor is to be filled up by direct recruitment of Topo Trainee Type-A on completion of two years of successful training. The remaining 33 1/3% is, however, filled up by promotion from the feeder categories, including Plane Tabler Grade-II/ASD/MAN/Topo Auxiliary Grade-II through departmental examination in Division-II (Establishment).

(3.) The respondents before the learned Tribunal elaborated that in Division-II there are two categories of posts, viz, Plane Tabler/ASD Man/Topo Auxiliary (Grade-II) and Draftsmen (Grade-II) with the pay scale of Rs. 4500-7000/- . It is matter of record that these pay scales were prevalent for the period prior to 01.01.2006. In terms of the recommendation of the 5th Central Pay Commission (for short also referred to the CPC), the pay scales of the posts of Surveyors, Survey Assistant and Draftsman Grade-I in Division-I of the Establishment were prescribed to be at par i.e. Rs. 5,000-8000/- . As questions of pay anomalies of various categories of posts in SOI surfaced for resolution, a departmental Ad-hoc Anomaly Committee was constituted, which, on a thorough scrutiny of all relevant aspects pertaining thereto, vide its recommendation dated 11.07.2005 suggested that the pay scale of Rs. 5500-9000/- be awarded to the Surveyors as well as the Survey Assistant of the Establishment. The reasons in support of the recommendations as recorded, inter alia, evince that the posts of Surveyor and Survey Assistant in the SOI were inter-changeable and that they formed the common feeder cadre for the next higher post of Officer Surveyor (Gazetted). On the touchstone of horizontal relativity of these two posts, this Committee, therefore, recommended the same pay scale of Rs. 5500-9000/- therefor. As inspite of this, the writ petitioners (respondents before the learned Tribunal) did not implement this recommendation of the Ad-hoc Anomaly Committee (for short also referred to as the Committee), the Officer Surveyors approached the learned Central Administrative Tribunal, Madras Bench with OA No. 747/2006, seeking direction for enforcement thereof. It is a matter of record that this proceeding was disposed of on 04.05.2007 with a direction to the writ petitioners to take a decision on the pay scale of the Surveyors and Officer Surveyors considering the report of the Committee. It is also not disputed that inconformity with the said direction, the pay scale of Rs. 5500-9000/- had, since, been granted to the Surveyors. In this factual backdrop, the respondents herein, the Survey Assistants of SOI submitted representations before the appropriate authorities seeking upgradation of their pay scale of Rs. 5000-8000 to Rs. 5500-9000/- based on the recommendation of the Committee and also the directions, amongst others, of the learned Central Administrative Tribunal, Madras Bench as above. The representations having been rejected vide the office memorandum dated 31.12.2008, they approached the learned Tribunal seeking redress, which, by the judgment and order impugned, remedied their grievance.