TARSEM NATH KAUSHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Claim of the petitioner, Tarsem Nath Kaushal, for pay parity with persons holding the post of Science Officer has been rejected. The present writ petition has been filed against the order dated July 6, 2001, passed by the Central Administrative Tribunal, Chandigarh Bench.

(2.) It has been the case of the petitioner that he joined on the post of Programme Executive selected by the Union Public Service Commission through advertisement. The pay scale of Lecturer in Department of Civil Supplies was Rs. 650-1200 and was revised to Rs. 2200-4000 instead of Rs. 2000-3500 w.e.f. January 1, 1986, as per 4th Central Pay Commission report. The posts of Assistant Professor in Legal Meteorology Group B Doctors in various Ministries, Dental Surgeons and Public Officer in the Ministry of External Affairs are getting higher pay scales. Assistant Station Director is the next higher post of the petitioner, which is a Group A post and carries the pay scale of Rs. 2200-4000. The petitioner has pleaded that he holds the degree of M.Sc. and with the post of another discipline in a common class, he was entitled to at least the pay scale admissible to the post of Science Officer, whose qualification for the said post were same as that of the petitioner.

(3.) In the reply that was filed on behalf of the respondents in contesting the claim of the petitioner, it was inter alia pleaded that the petitioner was selected on the post of Programme Executive (Science Discipline) with a definite pay scale and he accepted it on his own volition with the terms and conditions as attached to the appointment letter. He was entrusted with the duties and responsibilities of his post only. Pay scales are fixed on the recommendations of the Pay Commissioner set up by the Central Government from time to time and there was no need of a separate pay scale for the post as distinguished from other programmers.