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Himachal Pradesh High Court · body

2018 DIGILAW 21 (HP)

Union Of India v. Narender Kumar

2018-01-02

AJAY MOHAN GOEL, SANJAY KAROL

body2018
JUDGMENT Ajay Mohan Goel, J —By way of these writ petitions, petitioner-Union of India has assailed the order passed by the learned Central Administrative Tribunal, Chandigarh, Chandigarh Bench, in OA No. 305/HP/2011, titled Govind Ram Sandhu and another Vs. Union of India and others and other connected matters, vide which, learned Tribunal while allowing the original applications before it directed the present petitioners to extend the benefit of Special Allowance @ 10 % of the Pay Band and Grade Pay to the applicants alongwith arrears from due date, as was given to Teachers, Librarians and other posts associated with teaching and also to the employees holding analogous posts in the schools in issue. 2. Brief facts necessary for adjudication of the petition are that respondents before this Court filed original applications before learned Tribunal on the ground that they were working as Laboratory Assistants since the respective dates of their appointment at Rashtriya Military School, Chail (Shimla Hills) , District Solan, H.P., which was a residential school and staff of the school also resided within the premises of the school. Their duties were not only hard but also arduous. Taking into consideration where the school was situated, entire staff was on duty round the clock. According to the applicants, in order to compensate the employees working in the Rashtriya Military Schools in India which were residential schools, the Sixth Central Pay Commission had made recommendations in para 7.10.21 of its report, dated 24th March, 2008, for grant of Special Allowance @ 10% of the pay band and grade pay to the Teachers, Librarians and other staff associated with the teaching in said schools. This was done only with regard to such Rashtriya Military Schools, which were residential schools. This special allowance was granted to teachers and librarians w.e.f. 01.09.2008 but the same was not extended to the applicants. By way of the original applications so filed, prayer was made for issuance of directions to Union of India to grant the original applicants Special Allowance @ 10% of the pay band and grade pay w.e.f. 01.09.2008, as per recommendations of Sixth Pay Commissionalongwith consequential benefits including interest. 3. The original application was opposed by Union of India who denied that the duty hours of the applicants were hard or they were performing duties round the clock. 3. The original application was opposed by Union of India who denied that the duty hours of the applicants were hard or they were performing duties round the clock. As per the Union, the duties of Laboratory Assistants stood specified vide Army HQ Standing Orders dated 23rd October, 1980 and applicants were not assigned additional duties to claim special allowance as per recommendations of the Sixth Pay Commission. It was also the stand of the Department that it was nowhere mentioned that Laboratory Assistants were to be paid Special Allowance as was being paid to the Teachers, Librarians and other staff associated with teaching in the residential schools. As per the department, Laboratory Assistants were not involved in teaching and, as such, they were not entitled to Special Allowance. 4. Learned Tribunal allowed the original applications so filed before it in the following terms:- "Thus, in the totality of the facts and circumstances of these cases as detailed hereinabove, the concerned respondents No. 1 to 3 are hereby directed to extend the same benefit of grant of Special Allowance @ 10% of the Pay Band and Grade Pay to these applicants along with arrears from the due date as has been given to the Teachers, Librarians and other staff associate with teaching and to the employees holding the analogous posts. Needful as above be done within a period of three months from the date of receipt of a copy of this order. In the given facts and circumstances of these cases, the applicants are however not entitled to grant of interest, but it is made clear that in case the Special Allowance as directed hereinabove is not paid within aforesaid period, the applicants shall be entitled to the payment of interest @ 8% P.A. on the arrears after the expiry of three months granted hereinabove to implement the order till the payment is made." 5. The reasoning which was given by the learned Tribunal while allowing the original applications was that a close scrutiny of the recommendations of the Sixth Central Pay Commission demonstrated that the same had two parts. Whereas first part was related to grant of pay scale to teachers, second part related to grant of Special Allowance to the staff in view of such schools being residential. Whereas first part was related to grant of pay scale to teachers, second part related to grant of Special Allowance to the staff in view of such schools being residential. Learned Tribunal held that object of grant of Special Allowance was to give incentive to the staff performing their duties in Residential Military Schools. Learned Tribunal also held that perusal of schedule of duties which was placed before it demonstrated that one of the duties assigned to Laboratory Assistants was to assist the Teachers in demonstration and experiments in the class or in the Laboratory and also to assist the Master Incharge Science in Clerical work connected with the purchase, maintenance, repairs, condemnation etc. of the stores and for the up-keep of the Laboratory. Learned Tribunal held that recommendations of the Central Pay Commission were not only for the Teachers, Librarians and other staff associated with teaching in these schools but the same were also for analogous posts in these residential schools. On these bases, it held that granting Special Allowance to Teachers and Librarians only, would thus be discriminatory, arbitrary and violative of Article 14 of the Constitution of India as other staff and the staff holding analogous posts in these schools were equally entitled to the Special Allowance, whether it was teaching or non-teaching staff. Thus, learned Tribunal held that while granting special allowance to the Teachers and Librarians, respondents had not taken into consideration that similar allowance was recommended for analogous posts alongwith other staff associated with teachers. It also held that respondents had failed to inform the Tribunal as to which were those posts associated with teachers which were analogous posts. On these bases, learned Tribunal held that it could be safely inferred that post of Library Assistants fell within the purview of analogous posts . 6. The orders so passed by the learned Tribunal stand assailed by way of these petitions. 7. We have heard learned Assistant Solicitor General of India and learned counsel for the respondents and also gone through the impugned order passed by the learned Tribunal as also the pleadings and record of the case. 8. In our considered view, the findings returned by the learned Tribunal do not call for any interference as the same are not only well reasoned findings but are also borne out from the records of the case and thus, cannot be termed to be perverse. 9. 8. In our considered view, the findings returned by the learned Tribunal do not call for any interference as the same are not only well reasoned findings but are also borne out from the records of the case and thus, cannot be termed to be perverse. 9. It is not in dispute that all the original applicants were performing their duties as Library Assistants in Rashtriya Military School at Chail, which is a residential school. Para 7.10.21 of the recommendations of Sixth Pay Commissioner reads as under: "7.10.21: Higher pay scales for Teachers in Military Schools have been demanded. It is seen that presently the Assistant Masters in these schools are in the same pay scale as the entry grade of trained Graduate Teachers i.e. TGT-III. The next higher post of Masters Gazetted is in the scale of Rs. 7500-12000 that corresponds to the apex scale Trained Graduate Teacher i.e. TGT-I. The Commission has recommended upgradation of the pay scales of common category of Teachers with TGT-III being placed in the pay scale of Rs. 7540-11500 and TGT-I being extended the scale of Rs. 8000-13500. To maintain the existing parity between the posts of Masters and Assistant Masters vis-a-vis the various grades of TGT''s a similar dispensation will need to be extended in case of former. The Commission, accordingly recommends that the post of Assistant Master in Military Schools may be placed in the scale of Rs. 7450-11500 corresponding to the revised pay band PB-2 of Rs. 8700-34800 along with a grade pay of Rs. 4600. Master Gazetted shall be placed in scale of Rs. 8000- 13500 corresponding to the revised pay band PB-3 of Rs. 15600-39100 along with a grade pay of Rs. 5400. Further, as these schools are residential schools, a special allowance at the rate of 10% of the pay band and grade pay shall also be paid to the teachers, librarians and other staff associated with teaching in these schools. This dispensation will also be extended to RIMC, Dehradun. A similar allowance can be considered for analogous posts in Sainik Schools that are also residential schools being run as an autonomous organization under the Ministry of Defence." 10. This dispensation will also be extended to RIMC, Dehradun. A similar allowance can be considered for analogous posts in Sainik Schools that are also residential schools being run as an autonomous organization under the Ministry of Defence." 10. A perusal of this para clearly and categorically demonstrates that as these schools were residential military schools, Special Allowance @ 10% of the pay band and grade pay was payable to Teachers, Librarians and "other staff associated with teaching in these schools". It was mentioned in this para that a similar allowance can be considered for analogous posts in these schools being run as an autonomous organization under the Ministry of Defence. 11. Laboratory Assistants, even otherwise as the term suggests, are those members of the staff who assist in the laboratory. The entire issue can be perceived from different perspective also. As per the recommendations of the Sixth Central Pay Commission, special allowance was payable not only to Teachers and Librarians but also to other staff associated with teaching in these schools. It is not in dispute that students are imparted education in classes and Laboratory by teachers but in the course of imparting education to students by teachers in Laboratory, they are assisted by Laboratory Assistants in demonstration and experiments in the class or in the Laboratory. Thus Laboratory Assistants obviously do constitute "other staff associated with teaching in these schools". When the object of grant of special allowance was to give incentive to staff performing duties in residential military schools, then it is not understood as to how same could not be granted to the Laboratory Assistants, who obviously are the staff members associated with teaching in these schools. It is not in dispute that Laboratory Assistants assist the teachers in the laboratories in imparting experiments etc. which are carried out by the students in the Laboratory. In fact, a perusal of the order passed by the learned Tribunal demonstrates that nature of duties of Library Assistants has been taken into consideration by it in para 14 of the order thereof. In this view of the matter, as we do not find any infirmity with the orders which stand assailed by way of these petitions, accordingly these petitions are dismissed being devoid of merit. Pending miscellaneous application(s) , if any, also stand disposed of accordingly.