SUSHANTA MANDAL Vs. DAMODAR VALLEY CORPORATION

JUDGEMENT

(1.) HEARD learned counsel for the parties. The petitioner has approached this Court as the respondents have not granted him scale of Rs. 55009000/ which according to him is the revised scale for the post of Physiotherapist which he is holding in the office of RespondentsDVC, instead he has been placed in the lower scale of Rs. 50008000/, which is contrary to the recommendations of the 5th Pay Revision. According to the petitioner he joined the services of RespondentsDVC in the year 1993 pursuant to an advertisement contained at Annexure1 and was granted a higher scale of Rs. 17503140/ higher than other organizations such as Indian Railways where the pay scale of Physiotherapist was Rs. 14002300/ . Strangely, however, after the implementation of the 5th Pay Commission Report although the revised scale as recommended by the 5th Pay Revision has been implemented in respect of Group ABCD employees, but the petitioner has been discriminated without any rhyme and reason placing him in lower scale of Rs. 50008000/. According to him he has raised his grievances before the respondents through representations and legal notice at Annexure4, but on failure of the respondents to respond to the said representation the petitioner has come before this Court for issuance of a writ of mandamus for commanding them to discharge their duty in accordance with law.

(2.) THE respondents have appeared and filed their counter affidavit. It is stated that the respondentsDVC is an autonomous body created under the Act of 1948 by the Parliament and has separate service regulations, pay scales and allowances admissible to its employees which are revised from time to time as per the agreement made between the Management and the workmen. The last pay revision has been made effective from 1st January, 1996 giving the pay scale of pay of Rs. 50008000/ to the post of Physiotherapist in line with the revision made for all other pay scales of different categories of employees of DVC. From the submission of the parties, therefore, it appears that although the respondents have implemented the 5th Revision in the organizations but so far as the grievances of the present petitioner relating to pay anomaly in the revised scale is concerned the same has not yet been considered and decided by any expert body or a duly constituted committee created by the respondents organizations for consideration of grievances of such pay anomaly of aggrieved employees. The respondents have also not enclosed any documents showing consideration of grievances of individual such group of employees for the purposes of pay fixation on issues relating to pay fixation. No decision by any committee to grant the said scale to the petitioner or any agreement between the management and the workmen as per which the respondents have implemented the 5th Pay Revision recommendations have either been brought on record to buttress their contention. Although the fixation of pay scale in the domain of expert, it does not appear that the respondents have addressed the grievances relating to pay anomaly raised by the petitioner through a proper forum. In these circumstances, the petitioner is directed to approach the Secretary, Pay & Anomaly Committee, D.V.C with his grievances relating to claim of scale of Rs. 55009000/ with all supporting facts and documents within a period of 3 weeks. In case such a representation is made before the respondent no. 5, Secretary, Pay and Anomaly Committee, D.V.C, he will seek proper guidelines in the matter from the concerned authorities of the organizations including the respondent no. 4, Director (HRD) and thereafter consider the case of the petitioner in accordance with law and the factors required to be taken into account for such pay fixation and pass a reasoned and speaking order within a period of 12 weeks thereafter which shall also be communicated to the petitioner. If the grievances of the petitioner are found genuine and legally admissible and he is entitled for revised pay scale of Rs. 55009000, the current salary and arrears in lieu thereof should also be paid to him within a period of 8 weeks thereafter.