SUDHIR KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) RESPONDENT No. 3 is a registered society wholly governed and controlled by the Government of India, Ministry of Human Resources and Development. Petitioner No. 1 joined the services of the Society -Respondent No. 3 on the post of Technical Assistant (Civil) on 03rd of April, 1996 whereas, petitioner Nos. 2 and 3 on being appointed to the post of Technical Assistant (Mechanical) joined on 21st of March, 1997. They were placed in the pay -scale of Rs. 1400 -2300/ -. The qualification prescribed for the posts in question was Bachelor's degree from a recognized university with Mathematics, Physics, Chemistry or 3 years Diploma having 2 years Laboratory/Workshop experience or I.Sc. with all around Workshop/Laboratory Training and minimum 5 years in Mechanical/Erection work. It is alleged that petitioners were qualified to hold the posts being Diploma Engineers and, accordingly, they were appointed to the posts. The 5th Pay Commission was constituted in the year 1994 and submitted its report on 30th of January, 1997. The Union of India accepted the recommendations of the 5th Pay Commission on 18th of July, 1997. It is alleged that Respondent No. 3 has implemented the 5th pay Commission Report and the pay -scales as shown in Part 1 of the First Schedule of the C.C.S. (RP) Rules, 1997 in respect to the petitioners and their pay -scales has been revised from 1400 -2300 to 4500 -7,000/ -. The grievance of the petitioners is that under the 05th Pay Commission Recommendations and the acceptance order, whereby Pay -Rules have been notified, petitioners are required to be placed in Part B of the First Schedule of C.C.S. (RP) Rules, 1997 and not under Part A on the basis of their qualification. They, accordingly, seek a direction for their placement firstly in the pay -scale of Rs. 1600 -2660/ - to be revised to pay -scale of Rs. 5500 -9000/ -. Respondent No. 1 as also the Respondent Nos. 3 to 5 have filed their separate disclaimers to this writ petition justifying the placement of the petitioner in the pay -scale of Rs. 4,500 -7,000/ - as specified in Part A of the Schedule 1 of the CCS (RP) Rules on the basis of the Government of India, Ministry of Human Resources and Development Department of Education, Office Memorandum dated 08th of December, 1997. In this Memo a direction was issued to all the statutory bodies set up and funded/controlled by the State Government to place their employees in the revised pay -scale in Part 1 of the First Schedule of the CCS (Revised Pay) Rules, 1997. Though it is specifically mentioned that the recommendations of the 05th Pay Commission have been accepted and applied to all autonomous organizations, statutory bodies whose pattern of emolument structure i.e. pay scales and all other allowances are identical to those of the Central Government employees. Respondent Nos. 3 to 5 have, accordingly, submitted that they have adopted the pay -scales as directed by the Government of India and they have no discretion to deviate from the directions issued by the Government of India. Respondent No. 3 is wholly funded and controlled by the Government of India. Only question, requires determination in this case, is whether the petitioners are entitled to be placed in the pay -scales of Rs. 1400 -2300/ - contained in Part 1 of the C.C.S. (Pay -Revision) Rules of 1997 under part B of the said Rules.

(2.) WITH a view to appreciate the contention of the learned Counsel appearing for the parties, it is useful to refer to the relevant extracts from the said Rules: The First Schedule containing Part 3, Part A reads as under:

(3.) UNDER the CCS (Revised Pay -Scale) Rules, 1997, Diploma Engineer's pay is specified in Part B, being Technical post and the existing pay -scales of Rs. 1400 -2300/ - has been revised to Rs. 5,000 -8,000/ -.