UNION OF INDIA Vs. ALI MOHD MALIK

JUDGEMENT

(1.) MR .N.A.Ronga,(Caveator) appears and takes notice Admitted Heard.

(2.) WRIT petitioners, respondents to this Appeal have invoked writ jurisdiction for being brought at par in respect of pay and grade benefits with the erstwhile Junior Field Officers (for short JFOs), re -employed and re -designated as Carpet Training Officers (for short CTOs). The writ court found these petitioners entitled to the grade benefits with effect from January 3, 1978, the date same were given to those CTOs who were erstwhile JFOs after it found all the CTOs formed one and the same category and class of officers, doing identical jobs and performing similar duties, with a single composite seniority list. It decided and directed accordingly. The judgment is under challenge in this appeal.

(3.) BEFORE us, the counsel for the appellant admits that there is grade and pay disparity among the CTOs and the Competent Authority from Ministry of Textile, Government of India, New Delhi, is seized of and looking into the matter of pay/grade anamoly among CTOs. Having conceded this much, the counsel contends that the direction of the writ court allowing pay benefits to the CTOs at par with erstwhile JEOs/re -designated CTOs from March 1978 and maintenance of the seniority list on the basis of one category and one class of CTOs as on the day, to serve as basis for on line promotional benefits to the CTOs, was not called for. The learned Single Judge should not have decided and in any case should have waited till matter was decided by Ministry of Textile, Government of India, New Delhi. The counsel further contends that following the observations in the judgment of Central Administrative Tribunal, Allahabad extending benefit of stepping up of time pay scale to petitioner CTOs, as extended to other erstwhile JEOs, is not justified.