Research › Search › Judgment

Orissa High Court · body

2010 DIGILAW 661 (ORI)

DEBARAJ MOHANTY v. UNION OF INDIA (UOI)

2010-09-21

PRADIP MOHANTY, S.K.MISHRA

body2010
JUDGMENT : S.K. Mishra, J. - The Petitioner, a Senior Storekeeper in the Swami Vivekananda National Institute of Rehabilitation Training and Research, in short, "the opposite party Institute", prays to give direction to the opposite parties for fixing his salary in the revised scale of pay w.e.f. 1.1.1986 at par with Senior Assistants and Senior Stenographers of the Institute. 2. The Petitioner's case is that he has been working with the opposite party Institute, which is one of the six National Institutes (Autonomous Bodies) under the Ministry of Social Justice and Empowerment, Government of India. He is working as a Senior Storekeeper w.e.f. 1.4.1980. There are four comparable grade posts in the ministerial cadre under the opposite party No. 2, which has the prescribed identical pay scale as per recommendation of the 3rd Central Pay Commission because of their equal duties and responsibilities and basing on the nature of work. The said posts with their corresponding pay scale as per the 3rd Pay Commission are as follows: A. Senior Assistant Rs. 425-800/- B. Senior Stenographer Rs. 425-800/- C. Senior Storekeeper Rs. 425-800/- D. Cashier Rs. 425-800/- 3. As per the 4th Pay Commission, the CCS. (Revised Pay) Rules, 1986 revised scale of pay of Rs. 425-800/- to Rs. 1400-2600/- w.e.f. 1.1.1986. However, the Government of India vide letter No. O.M. No. 2/1/90-CS.IV dated 31.7.1990 prescribed the revised scale of pay of Rs. 1640-60-2600-EB-75-2900/- for the pre-revised scale of pay of Rs. 425-15-500-EB-15-560-20-700-EB-25-800/- of the Assistant Grade of the Central Secretariat Service and Grade 'C Stenographers of Central Secretariat Stenographers service w.e.f. 1.1.1986. As per the order dated 31.7.1990, the revised pay scale was also made applicable to the Assistants and Stenographers in the other organizations, which was not participating in the Central Secretariat Service and Central Secretariat Stenographers service, but those posts were in comparable grade with the same classification and pay scale. The Petitioner further claims that the Senior Assistants, Senior Stenographers and Senior Storekeepers are assigned equal duties and responsibilities with the Assistants and Grade-III Stenographers of the Central Secretariat, for which they are also entitled to the said pay scale. 4. The Petitioner further claims that the Senior Assistants, Senior Stenographers and Senior Storekeepers are assigned equal duties and responsibilities with the Assistants and Grade-III Stenographers of the Central Secretariat, for which they are also entitled to the said pay scale. 4. Furthermore, in view of the aforesaid facts situation, some of the Central Government Autonomous bodies like UGC/ICAR suo motu implemented the said revised pay scale in respect of posts of Assistant, Stenographer, Cashier, Hospitality Assistant and Hindi Stenographer, who were in comparable grade of the same classifications and pay scale as well as Assistants and Grade-Ill Stenographers of the Central Secretariat Service. Ministry of Social Justice and Empowerment, Government of India, as per its letter No. 22-4/2000-NI-I dated 19th April, 2000 directed all the National Institutes including the present opposite party-Institute to revise the pay scale of the Assistants and Stenographers as per the Revised Pay Scale in accordance with the orders passed by the High Court of Delhi in Civil Writ Petition No. 3242 of 1996 Ms. Lissy Jose and Ors. v. Union of India and Ors. Accordingly, the Stenographers and Assistants have been extended the pay revision. It is the case of the Petitioner that no such pay revision has been ordered in relation to the post of Senior Storekeeper and Cashier of the Institute, who were in comparable grade with the same classification of the pay in view of the Senior Stenographer from the date of inception. Thereafter, the Petitioner made several representations, but without any effect. It is further submitted that the Junior Assistants of the Institute having the pay scale of Rs. 330-560/- are promoted to Senior Assistants. Similarly, Junior Stenographers having pay scale of Rs. 330-530/- are promoted to the post of Senior Stenographers and the feeder grade of Junior Storekeepers having the same scale of pay are promoted to the post of Senior Storekeeper. Thus, all these three grades were similarly situated and their duties, responsibilities and work are also of similar importance. Therefore, the Petitioner prayed that the opposite parties be directed to revise the pay scale of the Senior Storekeeper. 5. The opposite party No. 2 has filed a written counter, wherein it is pleaded that the CCS. (Revised Pay) Rules, 1986, revised the pay scale of Rs. 425-800/- to Rs. 1400-2600/- w.e.f. 1.1.1986. Therefore, the Petitioner prayed that the opposite parties be directed to revise the pay scale of the Senior Storekeeper. 5. The opposite party No. 2 has filed a written counter, wherein it is pleaded that the CCS. (Revised Pay) Rules, 1986, revised the pay scale of Rs. 425-800/- to Rs. 1400-2600/- w.e.f. 1.1.1986. Accordingly, the pay scale of Senior Assistants and Senior Stenographers and Senior Storekeepers was revised to Rs. 1400-2600/-. Subsequently, the Government of India vide O.M. No. 2/1/90 CS IV dated 31.7.1990 of the Ministry of Personnel Public Grievances and Pension prescribed the revised pay scale of Rs. 1640-2900/- for the pre-revised pay scale Rs. 425-800/- in respect of the Assistants of Central Secretariat Service (CSS) and Grade 'C Stenographers of Central Secretariat Stenographer Service (CSSS) w.e.f. 1.1.1986. It is further clarified by the opposite party that O.M. No. F-744/IC/90 dated 11.12.1990 of Ministry of Finance (Department of Expenditure), Government of India that the said pay scale of Rs. 1640-2900/- was applicable only to the post of Assistants and Grade 'C Stenographers of CSS and CSSS service and not to the Autonomous Organizations. 6. However, the opposite parties further pleaded that the revised scale of pay was implemented in respect of Senior Assistants and Senior Stenographers of the Institute in compliance to the direction of the High Court of Delhi in Civil Writ Petition No. 3242 of 1996 filed by Assistants and Stenographers of the Institute for the Physically Handicapped, New Delhi for implementation of the same in respect of Assistants and Stenographers of autonomous bodies. The opposite parties further claim that since the Petitioner is neither an Assistant nor a Stenographer, he has not been paid the said revised pay scale as per aforesaid Government of India orders. 7. In addition to this, the opposite parties have allocated different duties to the Senior Assistants, Senior Stenographers and Senior Storekeepers shown in a tabulated form and claimed that the duties, responsibilities and job of the Storekeepers are not at par with the Senior Assistants and Senior Stenographers. 8. In rejoinder affidavit filed by the Petitioner, such plea of difference in importance of the duties, responsibilities has been denied. 9. The High Court of Delhi in the case of Ms. 8. In rejoinder affidavit filed by the Petitioner, such plea of difference in importance of the duties, responsibilities has been denied. 9. The High Court of Delhi in the case of Ms. Ussy Jose (supra) has come to the conclusion that the order passed by the Government of India on 7.6.1996 indicating that the pay revision cannot be made applicable to the Assistants/Stenographers Grade 'C of the autonomous body is not acceptable and has directed for fixation of pay of the revised scale with relation to the Senior Stenographers and Senior Assistants. Now the question remains to be decided, whether the Petitioner being the Senior Storekeeper is also entitled to be given the pay scale as received by the Senior Assistants and Senior Stenographers. In this connection, it is profitable to refer to the second sub-paragraph of paragraph 4 of page-2 of the counter affidavit filed by the opposite party No. 2, wherein it has been specifically mentioned that in the CCS (Revised Pay) Rules, 1986, pay scales of Senior Assistant, Senior Stenographer and Senior Storekeeper were revised to Rs. 1400-2600/-. It is undisputed that the revised pay scale was also made applicable to the Senior Storekeeper. However, it has no application to the autonomous organizations. The Assistants and the Stenographers filed a writ application before the High Court of Delhi in the aforesaid case of Ms. Lissy Jose (supra). Secondly, from the table given by the opposite parties in page-3 of the counter affidavit, the duties and responsibilities of the Store-keeper appear- to be at par with that of Senior Assistants and Senior Stenographers. Senior Stenographers are mainly given the duties of collection and receipt of materials, arranging for inspection, preparing CRN and Receipt Day Book and deal with Claims and Insurance, which are the duties of the Class III employees. Thus, we come to the conclusion that the duties and responsibilities of the Senior Storekeepers is at par with the Senior Assistants and Senior Stenographers. Thus, any order denying the benefit of revised pay scale, which has been given to the Senior Assistants and Senior Stenographers shall be violative of Article 14 of the Constitution of India. Therefore, this Court comes to the conclusion that the Petitioner and such similarly placed employees are entitled to the revised pay scale as per the Fourth Pay Commission and also the Fifth Pay Commission. 10. Therefore, this Court comes to the conclusion that the Petitioner and such similarly placed employees are entitled to the revised pay scale as per the Fourth Pay Commission and also the Fifth Pay Commission. 10. In the result, the writ application is allowed. The opposite parties are directed to fix the pay of the present Petitioner and such other Senior Storekeepers in the pay scale of Rs. 1640-2900/- pursuant to the orders of the Government of India, Ministry of Public Grievance and Pension i.e. Annexure-1 w.e.f. 1.1.1996 and all other consequential and revision of Pay Scales thereafter. The opposite parties are directed to complete the entire process of fixation of pay of the Petitioner within a period of two months from the date of receipt of a copy of this order. Final Result : Allowed