JAGJIT SINGH AND OTHERS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed impugning the order dated 2.12.2014 of the Central Administrative Tribunal, Chandigarh Bench in O.A. No.420/CH/2013, whereby, the Original Application filed by petitioners has been dismissed.

(2.) Petitioners No.1 to 60 are serving as Operation Theatre Assistants, while petitioners No.61to 65 are serving as Operation Theatre Technicians in the Post Graduate Institute of Medical Education and Research, Chandigarh (PGI). They had filed the Original Application impugning the action/order of respondent No. 1 in rejecting their claim for grant the revised pay-scales w.e.f. 1.1.1996 notionally and w.e.f. 5.3.2001 regularly with financial benefits/ arrears of pay on the pattern of All India Institute of Medical Science, New Delhi (AIIMS). It was their case that the AIIMS revised pay scales to its Operation Theatre Assistants from Rs.3050- 4590 to 4500-7000 w.e.f. 5.3.2001 vide Memorandum dated 1.5.2001. In continuation thereof, another memorandum dated 9.3.2002 was issued vide which the Operation Theatre Assistants of AIIMS were granted the revised pay scales w.e.f. 1.1.1996 notionally and w.e.f. 5.3.2001 regularly with financial benefits. After this pay revision, the Operation Theatre Assistants (OTAs) of AIIMS started getting more pay than the OTAs at PGI Chandigarh though the job description of the OTAs in both the Institutions was similar and identical. The resulting disparity is clear from the comparative statement of their pay scales which is as under:-

(3.) The petitioners served a legal notice upon the respondents to remove this disparity. Vide order dated 30.7.2013 respondent No.1- Ministry of Health and Family Welfare, New Delhi rejected their claim by stating that the case was referred to the Ministry of Finance, which has conveyed that as a policy in all such cases only prospective benefits are extended. Hence there was no case for extending retrospective benefits.