( 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. 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 thet