POONAM KHANNA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL ETC

JUDGEMENT

(1.) The condition of service of Union Territory of Chandigarh Employees Rules, 1992 came into force w.e.f. 01-04-1991. These rules provided that the pay scales and conditions of service of U.T. Chandigarh employees shall be equivalent to those of the employees of the Punjab Government. The Punjab Government vide letter dated 24-06-1996, revised the pay scales of Assistants Curator from 2000-3500 to 2130-3700 and upgraded the post to that of Deputy Curator. The functions of the post of Deputy Curator remained the same as that of the earlier post of Assistant Curator. On 03-06-1998, the petitioner was promoted to the post of Assistant Curator. He was given the revised pay scale of 6400-10640 (Equivalent to the old scale of 2000-3500). The applicant vide representation dated 09-09-2003, submitted that she be given the same pay scale of 7000-10980 (unrevised scale 2130-3700) as is being given to her counter parts in the Museums of the State of Punjab in view of the fact that the post of Assistant Curator (re-designated as Deputy Curator) in the Museums of the State of Punjab was equivalent to the post of Assistant Curator in Chandigarh. The respondents vide memo dated 14/17/03/2006, rejected the representation of the petitioner. The petitioner, accordingly, filed Original Application before the Central Administrative Tribunal, which was dismissed vide order dated 15-10-2007. The petitioner raised the plea of discrimination in his Original Application before the Central Administrative Tribunal that the same was not dealt with. It was stated that in many cases, the different posts have been ordered to be upgraded in Chandigarh solely because the said posts were upgraded in the State of Punjab whereas the request has been rejected in the case of the petitioner. Some of the posts are, namely, the post of Assistant District Attorney Grade-I, in Chandigarh Administration which was upgraded to the post of Deputy Director, post of Superintendent Grade II, Chandigarh Administration was attached to the Head of the Department and was given higher post as Superintendent Grade-I like its counterpart in the State of Punjab, Superintendent Grade IV and III were upgraded to the post of Superintendent Grade II in Chandigarh by following the Punjab pattern.

(2.) Aggrieved, the petitioner has filed the present petition, challenging the order dated 14/17-03-2006 vide which the respondents have rejected the case of the petitioner as well as the order dated 15-10-2007, passed by Central Administrative Tribunal dismissing the Original Application of the petitioner.

(3.) Learned counsel for the petitioner raised two fold argument. Firstly, the Tribunal has said nothing regarding the plea of discrimination raised by the petitioner and the respondents were changing their stand frequently. Secondly, the post of Assistant Curator in the Museums of the State of Punjab was equated to the post of Assistant Curator in the Museum of Chandigarh. Both in the Museums of Punjab as as also in Chandigarh, the Assistant Curator were given the same pay scale of 2000-3500 (now revised to 6400-10640). After 1996, Assistant Curators in the Museums of Punjab continue to do the same duties but are given the scale of 2130-3700 (later revised to 7000-10980) with the changed designation as Deputy Curator. In the instant case, as is clear from letter Annexure P-11, the Deputy Curators do exactly the same work as they were doing earlier to 1996 as Assistant Curator in Chandigarh. In view of the 1992 rules and keeping in view that those incumbents who were working as Assistant Curators prior to 1996 in the Museums of Punjab have been given the pay scale of 2130-3700 (now revised to 7000-10980) apart from being given the designation of the post of Deputy Curator, the Assistant Curators in Chandigarh automatically become entitled to the same benefits of pay scales of 2130-3700 (now revised to 7000-10980) with redesignation to the post of Deputy Curator as 1992 rules (Annexure P-5) provide that conditions of Service in Chandigarh Administration would be same as of their counter parts in Punjab.