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1995 DIGILAW 807 (SC)

Union Of India v. Debashis Kar

1995-07-20

S.C.AGRAWAL, S.SAGHIR AHMAD

body1995
( 1 ) THE common question that arises for consideration in these cases is whether Draughtsmen employed in the Ordnance Factories and the Workshopes of E. M. E. in the Ministry of Defence are entitled to have their pay scales revised on the basis of the Office Memorandum of the government of India, Ministry of Finance, dated 13/3/1984. ( 2 ) ON the basis of the report of the Third Pay Commission, the pay scales of Draughtsmen employed in the central Public Works Department (for short "cpwd") of the government of India were revised in the following manner : (i) Draughtsman Grade I Rs. 425-700 (ii) Draughtsman Grade II Rs. 330-560 (iii) Draughtsman Grade III Rs. 260-430 ( 3 ) THE said employees in the CPWD were not satisfied with the said revision and were claiming that they should have been placed on higher pay scales. This dispute was referred to a Board of Arbitration. The Board of Arbitration gave the award on 20/6/1980 whereby the pay scales Of Draughtsmen were revised as under: ( 4 ) BY the award it was directed that the above-mentioned categories of draughtsmen shall be fixed notionally in their respective scales of pay as aforesaid from 1/1/1973. but for computation of arrears, the date of reckoning Shall be 28/29/7/1978. In accordance with the said award the pay scales of draughtsmen in CPWD were revised vide order dated 10/11/1980. The draughtsmen employed in departments other than CPWD claimed the revision of their pay scales in the light of the revision of pay scales in the CPWD and on 13/3/1984 the government of India, Ministry of Finance (Department of Expenditure), issued an Office Memorandum whereby it was directed that the scale of pay of Draughtsmen Grade III, II, I in the office/department of the government of India, other than the CPWD, may be revised as per revised scales for CPWD provided their recruitment qualifications are similar to those prescribed in the case of Draughtsmen in CPWD and those who do not fulfil the said qualifications would continue in the pre-revised scales. Thereupon, the Ministry of Defence on 3/7/1984 issued an order whereby the user Organisations were requested to take necessary action in terms of para 2 of the Office Memorandum dated 13/3/1984. Thereupon, the Ministry of Defence on 3/7/1984 issued an order whereby the user Organisations were requested to take necessary action in terms of para 2 of the Office Memorandum dated 13/3/1984. It appears that in the Ordnance Factories under the control of the Director General of Ordnance Factories (DGOF) no action was taken to revise the pay scales of draughtsmen as per the Office Memorandum dated 13/3/1984. A writ petition [civil Order NO. 5023 (W) of 1985] was filed in the Calcutta High court by some of the draughtsmen employed in the Ordnance Factories in the Stale of West Bengal. The said writ petition was disposed of by the High court by order dated 8-10-1985 whereby the respondents in the said writ petition were directed to forthwith implement the Office Memorandum dated 13/3/1984 as well as the order of Ministry of Defence dated 3/7/1984. to revise the pay scales in accordance therewith. The said order was clarified by order dated 14/7/1986 whereby it was indicated that the order paused on 8/10/1985 was restricted to the writ petitioners and the added respondents only. The Ordnance Factory Board appointed a Sub- Committee to go into the matter and on the basis of the report of the Sub- Committee, the Ordnance Factory Board in its meeting held on 9/9/1986 decided that the qualifications of draughtsmen employed in the Ordnance Factories are not similar to those of draughtsmen in the CPWD and therefore, they were not entitled to revision of their pay scales as per the Office Memorandum dated 13/3/1984. The petitioners in the said writ petition were informed about the said decision or the Ordnance Factories Board by letter dated 9-10-1986. While the matter was thus pending consideration before the Ordnance Factory Board, a writ petition was filed in the Madhya Pradesh High court by draughtsmen employed in the Ordnance Factories situated in that State and after the constitution of the central Administrative tribunal (for short thetribunal), the said writ petition was transferred to the Jabalpur bench of the tribunal and it was registered as TAA 111 of 1986. Another application (OA-87 of 1986 was also filed by some of the draughtsmen before the Jabalpur bench of the tribunal. Another application (OA-87 of 1986 was also filed by some of the draughtsmen before the Jabalpur bench of the tribunal. Both these applications were disposed of by the Jabalpur bench of the tribunal by judgment dated 21/4/1987 whereby it was held that the applicants were entitled to be placed on a par with Grade II draughtsmen of the CPWD, i. e. , in revised scale Rs. 425-700, and that if there are any individual exceptions amongst the applicants to this general equation, they should be identified by a suitable departmental committee of three assessors of whom one should be from Management, one a technical person of appropriate level from inside the Ordnance Factory and one technical outsider not connected with the Ordnance Factories of the rank of Professor or Additional Professor from Engineering College, Jabalpur or Engineering Institute at Roorkee or IIT, Kanpur. The tribunal rejected the contention urged on behalf of the respondents in the said applications that the applicants do not possess the recruitment qualifications and experience at least equivalent to those of grade category II of draughtsman of CPWD. The justifications and reasons for the decision of the Ordnance Factory Board at its meeting held on 9/9/1986 based on the report of the Sub-Committee dated 24/1/1986 and the findings of the Sub-Committee that the qualifications of draughtsmen in the Ordnance Factories have to be treated as corresponding to those of Draughtsman Grade III in CPWD were not accepted by the tribunal. Special Leave Petitions Nos. 8593-94 of 1987 filed by the Union of India and others against the said judgment of the tribunal were dismissed by the order of this court dated 17/11/1987 but the said order was subsequently recalled by another order dated 20/8/1993 passed in Review Petitions (Civil) Nos. 847-48 of 1991. The respondents in the said special leave petitions have, however, stated that the said decision of the tribunal has already been implemented and the applicants in those applications have been allowed the revised pay scale of Rs. 425-700 with effect from 30/5/1982 as per Office Memorandum dated 13/3/1984 and that the Assessors Committee which was constituted in pursuance of the decision of the tribunal have found that the applicants have the qualifications which are equivalent to the technical qualifications of Draughtsman Grade II in CPWD. ( 5 ) TWO applications (OAs Nos. 425-700 with effect from 30/5/1982 as per Office Memorandum dated 13/3/1984 and that the Assessors Committee which was constituted in pursuance of the decision of the tribunal have found that the applicants have the qualifications which are equivalent to the technical qualifications of Draughtsman Grade II in CPWD. ( 5 ) TWO applications (OAs Nos. 569 of 1986 and 570 of 1986 were filed before the Calcutta bench of the tribunal by draughtsmen employed in the Ordnance Factories in the State of West Bengal whereby a direction was sought for implementation of the Office Memorandum of Ministry of Finance dated 13/3/1984 and the direction contained in the order dated 3/7/1984 of the Ministry of Defence after setting aside the order dated 9/10/1986 passed by the Ordnance Factories Board. On the said applications the tribunal, on 10/9/1987, passed an order for setting up of an expert committee to examine the recruitment qualifications of draughtsmen in the Ordnance Factories and to examine as to whether they can be treated as similar to or higher than the recruitment qualifications of Draughtsman Grade II in CPWD. An Expert Committee was set up in pursuance of the said order of the tribunal and it submitted its report dated 4/12/1987 wherein the Expert Committee opined that the recruitment qualifications of draughtsmen in the Ordnance Factories is neither similar to nor higher than the recruitment qualifications for Draughtsmangrade II in the CPWD. The said report of the Expert Committee was assailed by the applicants before the tribunal by filing miscellaneous applications, being MAs Nos. 94 and 94-A of 1988 in OAs Nos. 569 of 1986 and 570 of 1986 pending before the tribunal. The original applications as well as the miscellaneous applications were all disposed of by the Calcutta bench of the tribunal by judgment dated 31/12/1990. Relying upon the judgment dated 21/4/19877 of the Jabalpur bench of the tribunal in TAA no. 1 11 of 1986 and OA No. 87 of 1986, the Calcutta bench of the tribunal quashed the order dated 9/ 10/1986 as well as the report of the Expert Committee dated 4/12/1987 and directed that the applicants in the said applications be given the benefit as prayed for by them on the same lines as the direction given by the Jabalpur bench in its judgment dated 21/4/1987. Special Leave Petitions Nos. Special Leave Petitions Nos. 9840-40-A of 1991 filed by the Union of India and others against the said judgment of the tribunal were dismissed by order of this court dated 29/7/1991. Review Petitions Nos. 857-58 of 1991 filed against the said order were dismissed by order dated 25/10/1991 but by a subsequent order dated 28/11/1994 the said order dated 25/10/1991 dismissing the review petitions was recalled and the review petitions have been directed to be tagged with the Special Leave Petitions Nos. 8593-94 of 1987. ( 6 ) ANOTHER application (OA No. 333 of 1993 was filed before the Calcutta bench of the tribunal by the applicants who were working as draughtsmen under the control of the General Manager, Ordnance Factory, Ishapur wherein they sought a direction in terms of the judgment dated 31/12/1990 delivered by the Calcutta bench of the tribunal in OAs Nos. 569-570 of 1986 and for a direction to fix their pay in terms of the Office Memorandum of the central government dated 13/3/1984 and order dated 3/7/1984. The said petition was allowed by the tribunal by judgment dated 1/8/1984 and the respondents in the said application were directed to extend the benefit of the judgment dated 31/12/1990 delivered by the tribunal in OAs Nos. 569 and 570 of 1986 to the applicants and to fix their pay in terms of the orders of the central government dated 13/3/1984 and 3/7/1984. Civil No. 1443 of 1993 has been filed by the Union of India and others against the said judgment of the tribunal. ( 7 ) SPECIAL Leave Petition (Civil) No. 22016 of 1993 has been filed against the judgment and order dated 23/6/1993 of the Hyderabad bench of the tribunal in OA No. 140 of 1992 filed by applicants who were employed as draughtsmen in the Ordnance Factory at Edumelaram in Medak District of A. P. . Following the decisions of the Jabalpur and Calcutta benches aforementioned, the Hyderabad bench of the tribunal has directed that the pay of the applicants, other than applicants 7, 11 and 17, be fixed in the revised pay scale of Draughtsman Grade II from the dates of their respective appointment promotion as draughtsmen in the said Ordnance Factory in accordance with the office memorandum dated 13/3/1984. ( 8 ) IN accordance with order of the Ministry of Defence dated 3/7/1984 orders were passed on 14/8/1984 and 15/2/1985 revising the pay scales in accordance with the Office Memorandum dated 13/3/1984 but by a subsequent order of EME Records dated 30/10/1986 on the basis of which other orders were passed by the respective Commandants of the Base Workshops the said orders were rescinded and the benefit of the revised pay scales which had beenextended was withdrawn. A number of applications were filed before the tribunal by the draughtsmen in Army Base Workshops, EME which were disposed of by the Principal bench of the tribunal by judgment dated 15/5/19922 whereby the orders of EME Records dated 30/10/1986 and subsequent orders issued by the respective Commandants of the respective Base Workshops in pursuance of the said order of the EME Records, Secunderabad have been quashed and it has directed that the applicants in the applications before the tribunal be placed in their revised scale of pay as per Office Memorandum dated 13/3/1984 notionally with effect from 13/5/1982 and that the actual benefit be allowed with effect from 1/11/1983. CAs Nos. 2125-33 of 1993 have been filed by the Union of India against the said judgment of the tribunal. ( 9 ) THOUGH by order dated 7/4/1994 Special Leave Petitions Nos. 8593-94 of 1987 were directed to be listed after the decision in CAs Nos. 2125-33 of 1993 but since the said Special Leave Petitions are directed against the judgment of the Jabalpur bench of the tribunal dated 21/4/1987 which forms the basis for the judgments of other benches of the tribunals in other connected matters, we have taken up Special Leave Petitions Nos, 8593-94 of 1987 along with these matters and have heard the said Special Leave Petitions also and the same are being disposed of by this judgment. ( 10 ) THE narration of the facts referred to above would show that all these matters relate to revision of pay of draughtsmen employed in the Ministry of Defence of the government of India and except the respondents in CAs Nos. 2125-33 of 1993, the respondents in the other matters are all employed as draughtsmen in the various Ordnance Factories under the Ordnance Factories Board and the respondents in CAs Nos. 2125-33 of 1993 are draughtsmen employed in the Army Base Workshops under the EME. 2125-33 of 1993, the respondents in the other matters are all employed as draughtsmen in the various Ordnance Factories under the Ordnance Factories Board and the respondents in CAs Nos. 2125-33 of 1993 are draughtsmen employed in the Army Base Workshops under the EME. In the impugned judgments the various benches of the tribunal have taken the view that the qualifications which were required for appointment of draughtsman in the Ordnance Factories as well as in the Army Base Workshops in the EME were equivalent to the qualifications which were prescribed for appointment on the post of Draughtsman Grade II in the CPWD and therefore, the respondents who were placed in the pay scale of Rs. 335-560 on the basis of the report of the Third Pay Commission were entitled to be placed in the revised pay scale of Rs. 425-700 in accordance with the Office Memorandum of the Ministry of Finance dated 13/3/1984. On behalf of the Union of India and other appellants in the appeals and petitioners in the special leave petitions and the review petitions, the said view of the tribunal has been assailed and it has been urged that the qualifications for appointment on the post of draughtsman in the Ordnance Factories and the Army Base Workshops of the EME cannot be treated as equivalent to the qualifications for appointment on the post of Draughtsman Grade II in CPWD and therefore, the said respondents are not entitled to the benefit of revision of pay on the basis of the Office Memorandum dated 13/3/1984. ( 11 ) DURING the pendency of these cases in this court the government of India, Ministry of Finance has issued an Office Memorandum dated 19-10-1994 which is reproduced as under : "office MEMORANDUM Subject: Revision of pay scales of Draughtsmen Grade I, II and III in all government of India offices on the basis of the 534 Award of the Board of Arbitration in the case of central Public Works Department. The undersigned is directed to refer to this Departments OM No. F. 5 (59-E. 111/82 dated 13/3/1984 on the subject mentioned above and to say that a Committee of the National council (JCM) was set up to consider the request of the staff side that the following scales of pay, allowed to the Draughtsmen Grade I, II and III working in CPWD on the basis of the Award of Board of Arbitration, may be extended to Draughtsmen Grade I, II and III irrespective of their recruitment qualification, in all government of India offices : 52801. htm 2. The President of India is now pleased to decide that the Draughtsmen Grade I, II and III in offices/departments of the government of India other than in CPWD may also be placed in the scale of pay mentioned above subject to the following : 52802. htm 3. Once the Draughtsmen are placed in the regular scales, further promotions would be made against available vacancies in higher grade and in accordance with the normal eligibility criteria laid down in the recruitment rules. 4. The benefit of this revision of scales of pay would be given with effect from 13/5/1982 notionally and actually from 1/11/1983. Sd/- (Shyam Sunder) Under secretary to the government of India" ( 12 ) BY the said office memorandum, the government of India, after considering the request of the staff side that the scales of pay, allowed to the Draughtsmen Grade I, II and III working in CPWD on the basis of the above Award of Board of Arbitration may be extended to Draughtsmen Grade I, II and III irrespective of their recruitment qualifications in all government of India offices, has decided that Draughtsmen Grade I, II and III in offices/departmentsof the government of India other than in CPWD may also be placed in the revised scales of pay on the basis of the award subject to certain minimum period of service as mentioned in clauses (a), (b) and (c) in para 2 of the office memorandum. The benefit of this revision of scales of pay under the Office Memorandum dated 19-10-1994 has been given retrospectively with effect from the same dates as was given by the Office Memorandum dated 13/3/1984, i. e. , from 13/5/1982 notionally and actually from 1/11/1983. The benefit of this revision of scales of pay under the Office Memorandum dated 19-10-1994 has been given retrospectively with effect from the same dates as was given by the Office Memorandum dated 13/3/1984, i. e. , from 13/5/1982 notionally and actually from 1/11/1983. In respect of draughtsmen who fulfilled the requirement relating to the period of service mentioned in the said Office Memorandum dated 19-10-1994 on the relevant date the question whether their recruitment qualifications were similar to those in the case of draughtsmen in CPWD would not arise and they would be entitled to the revised pay scales as granted to the draughtsmen in CPWD irrespective of their recruitment qualifications. But in respect of those draughtsmen who did not fulfil the requirement relating to the period of service prescribed in para 2 of the Office Memorandum dated 19-10-1994 the question whether their recruitment qualifications are similar to those prescribed for draughtsmen in CPWD is required to be considered for the purpose of deciding whether they are entitled to the benefit of the revision of pay scales as per the office memorandum dated 13/3/1984. ( 13 ) WE will first take up the case of draughtsmen in the Ordnance Factories. In CPWD the qualifications for direct appointment on the post of Draughtsman Grade II is Certificate or Diploma in Civil, Mechanical or Electrical Engineering from a recognised Institution with 6 months practical training plus additional one year employment experience in an organisation or firm of repute and the posts not filled by direct recruitment are filled primarily by appointment of Draughtsmen Trainees. The Jabalpur bench of the tribunal, in its judgment dated 21/4/1987, has stated that it has been admitted by the Ordnance Factories Board that the relevant recruitment rules, namely SRO, 4 of 1956, is silent on the mode of filling posts of draughtsman and that the practice followed by the Ordnance Factory Board is as follows : "by gradation of Dmen trainees on successful completion of training as per scheme for the training of Dmen at ATS/ofti Ambarnath introduced vide M of D letter referred to above. Posts of Dmen in of are filled primarily by appointment of Dmen Trainees. However, a few posts are also filled by promotion of tracers with minimum 3 years experience in that trade. Posts of Dmen in of are filled primarily by appointment of Dmen Trainees. However, a few posts are also filled by promotion of tracers with minimum 3 years experience in that trade. " ( 14 ) THE tribunal has observed that the scheme of training of draughtsmen at ATS Ambarnath was laid down in the Ministry of Defences letter of 14/11/19699 which prescribes the various entrance qualifications and the curriculum and the period of training and that the entrance qualification is matriculation with two years practical experience in Tools Room or 1-1/2 years Draughtsmans course of ITI and that after selection 2-1/2 years training is given which includes six months working in factories and that according to clause 10 of the Scheme a Draughtsman Trainee will be graded either for the post of Senior Draughtsman or Draughtsman and that the scheme nowhere lays down that those trainees can be posted as Tracers. According to the tribunal, the qualifications prescribed for draughtsmen in Ordnance Factories are similar or equivalent to those prescribed for recruitment in CPWD. The tribunal hasheld that the decision of the Ordnance Factory Board based on the Sub- committee report that the applicants (respondents herein) should be equated with Tracers and Draughtsmen Grade III of CPWD was fallacious. In this context, it would be relevant to mention that as per the pay scales fixed on the basis of report of the First Pay Commission of 1947 there was no difference in the pay scales of Draughtsmen and Tracers in the Ordnance Factories and the pay scales of Draughtsmen and Tracers in CPWD Senior Draughtsmen in the Ordnance Factories and Draughtsmen in the CPWD were placed in the pay scale of Rs. 150-225, Draughtsmen in the Ordnance Factories and Assistant Draughtsmen in CPWD were placed in the scale of Rs. 100-185 and Tracers in Ordnance Factories as well as in CPWD were placed in the scale of Rs. 60-150. On the basis of the report of the Second Pay Commission in 1959 there was a slight modification in the pay scale of Senior Draughtsmen in Ordnance Factories. Tracers in the Ordnance Factories and CPWD were placed in the same pay scale of Rs. 110-200 and Draughtsmen in Ordnance Factories and Assistant Draughtsmen in CPWD were placed in the same pay scale of Rs. 150- 240. Senior Draughtsmen in Ordnance Factories were placed in the pay scale of Rs. Tracers in the Ordnance Factories and CPWD were placed in the same pay scale of Rs. 110-200 and Draughtsmen in Ordnance Factories and Assistant Draughtsmen in CPWD were placed in the same pay scale of Rs. 150- 240. Senior Draughtsmen in Ordnance Factories were placed in the pay scale of Rs. 205-280 while Draughtsmen in CPWD were placed in the pay scale of Rs. 180-380. By Notification dated 1/9/1965, there was change in the designation of posts of drawing office staff in CPWD and Draughtsman was designated as Draughtsman Grade I, Assistant Draughtsman was designated as Draughtsman Grade II and Tracer was designated as Draughtsman Grade III. Thereafter on the basis of the report of the Third Pay Commission in 1973, Tracers in the Ordnance Factories and Draughtsmen Grade III in CPWD were placed in the same pay scale of Rs. 260-430, Draughtsmen in Ordnance Factories and Draughtsmen Grade II in CPWD were placed in the same pay scale of Rs. 330-560 and Senior Draughtsmen in Ordnance Factories and the Draughtsmen Grade I in CPWD were placed in the same pay scale of Rs. 425- 700. This would show that Tracer in Ordnance Factories has all along been treated as equivalent to Tracer/draughtsman Grade III in CPWD and Draughtsman in Ordnance Factories has all along been treated as equivalent to Assistant Draughtsman/draughtsman Grade II in CPWD. As a result of the revision of pay scales in CPWD on the basis of the Award of the Board of Arbitration, the pay scale of Draughtsman Grade III was revised to Rs. 330-560, while that of Draughtsman Grade II was revised to Rs. 425-700 and of Draughtsman Grade I was revised to Rs. 550-750. The denial of similar revision of pay scale to Draughtsmen in Ordnance Factories would result in their being downgraded to the level of Tracer/draughtsman Grade III in CPWD. Office Memorandum dated 13/3/1984 cannot, in our opinion, be construed as having such an effect. 425-700 and of Draughtsman Grade I was revised to Rs. 550-750. The denial of similar revision of pay scale to Draughtsmen in Ordnance Factories would result in their being downgraded to the level of Tracer/draughtsman Grade III in CPWD. Office Memorandum dated 13/3/1984 cannot, in our opinion, be construed as having such an effect. ( 15 ) SHRI N. N. Goswami, learned Senior Counsel appearing in support of the appeals as well as the special leave petitions and the review petitions, has urged that the channel of promotion in Ordnance Factories is different from the channel of promotion in CPWD inasmuch as in CPWD there is no further promotion after a person reaches the scale of Draughtsman Grade I while in Ordnance Factories a draughtsman is entitled to be promoted as Chargeman Grade II and thereafter as Chargeman Grade I and as Foreman and that the post of Chargeman Grade II which is the promotional post for draughtsman was inthe pay scale of Rs. 425-700 and that placement of Draughtsman in the said pay scale of Rs. 425-700 would result in Draughtsman being placed at the same level as the promotional post of Chargeman Grade II and, therefore, the benefit of the revision of pay scales under Office Memorandum dated 13/3/1984 cannot be extended to the Draughtsmen in Ordnance Factories. On behalf of the respondents it is disputed that there are no promotional chances for Draughtsman Grade I in CPWD. This question was not agitated in any of the matters before the tribunal and we are, therefore, unable to entertain this plea urged by Shri Goswami on behalf of the appellants/petitioners. As regards the post of Chargeman Grade II being a promotional post for Draughtsman in Ordnance Factories and it being in the scale of Rs. 425-700 at the relevant time, we are of the view that merely because of promotional post for Draughtsmen in Ordnance Factories was in the scale of Rs. 425-700 cannot be a justification for denying the revision of pay scales to Draughtsmen and their being placed in the scale of Rs. 425-700 on the basis of the Office Memorandum dated 13/3/1984 if such Draughtsmen are otherwise entitled to such revision in the pay scale on the basis of the said memorandum. 425-700 cannot be a justification for denying the revision of pay scales to Draughtsmen and their being placed in the scale of Rs. 425-700 on the basis of the Office Memorandum dated 13/3/1984 if such Draughtsmen are otherwise entitled to such revision in the pay scale on the basis of the said memorandum. Moreover, the provision regarding promotion of Draughtsman as Chargeman Grade II in Ordnance Factories was introduced by the Indian Ordnance Factories Group C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Rules, 1989 issued vide Notification dated 4/5/1989. The said Rules are not retrospective in operation. Here we are concerned with the revision of pay scales with effect from 13/5/1982 on the basis of the Office Memorandum dated 13/3/1984 and, at that time, the said rules were not operative. Therefore, on the basis of the aforesaid Rules Draughtsmen in Ordnance Factories cannot be denied the benefit of revision of pay scales on the basis of the Office Memorandum dated 13/3/1984. The appeals and the Special Leave Petitions as well as review petitions relating to draughtsmen in Ordnance Factories are, therefore, liable to be dismissed. ( 16 ) DEALING with draughtsmen in the Army Base Workshops in the EME, the Principal bench of the tribunal has observed that in the EME for the post of draughtsman, the qualifications that are prescribed are "matriculation or its equivalent with two years Diploma in Draughtsmanship Mechanical or its equivalent". The tribunal has referred to the Report of the Third Pay Commission wherein, while dealing with draughtsmen who were in the pay scale of Rs. 150-240 (as per report of Second Pay Commission), it is stated : " (II) for the next higher grade of Rs. 150-240 the requirement is generally a Diploma in Draughtsmanship or an equivalent qualification in Architecture (both of 2 years duration after Matriculation ). " ( 17 ) THE tribunal has observed that Tracer in the EME could not be treated in any other manner but on a par with Grade III Draughtsman of CPWD, keeping in view their recruitment qualifications. The tribunal held that the benefit of Office Memorandum dated 13/3/1984 had been rightly extended to Draughtsmen in EME and that its withdrawal was illogical and irrational. The tribunal held that the benefit of Office Memorandum dated 13/3/1984 had been rightly extended to Draughtsmen in EME and that its withdrawal was illogical and irrational. The learned counsel for the appellants has been unable to show that the said view of the tribunal suffers from an infirmity which would justify interference by this court. ( 18 ) CIVILS Nos. 1433 of 1986, 2125-33 of 1993 as well as Special Leave Petitions (Civil) Nos. 8593-94 of 1987, 22016 of 1993 and Review Petitions (Civil) Nos. 857-58 of 1991 are accordingly dismissed but in the facts and circumstances of the case, the parties are left to bear their own costs. .