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2010 Supreme(SC) 1007

IN THE SUPREME COURT OF INDIA
DALVEER BHANDARI & DEEPAK VERMA, JJ.
YOGESHWAR PRASAD & ORS. Appellant (s)
VERSUS
NATIONAL INST., EDU.PLANNING & ADMN.&ORS. Respondent(s)
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.288-289 OF 2005
C.A.NO.209 OF 2007
Decided on : 21ST OCTOBER, 2010

Headnote:Service Law – Pay – Parity in pay scales – Appellants were getting the same pay scales as their counterparts in central government till 1986 – Central Government allowing them the same pay scale as their counterparts in central government in V and VI Pay Commission – No reason why they should not get the same treatment in III Pay Commission – The Institute all along supporting their claim and insisting with the central government for parity – Now they cannot take summersault and contend difference in duties and responsibilities etc in two categories of employees – Respondents directed to pay same scale as central government employees for the relevant period to the appellants. (Para 6)

       Service Law – Pay – Appellants given higher pay inadvertently – Not due to any misrepresentation or fraud on part of the appellants – Excess amount paid – Should not be recovered. (Para 9)

       (1994) 2 SCC 521; (1995) Suppl.1 SCC 18 – Relied upon

       Facts of the case:

       The appellants in Civil Appeal Nos.288-289/2005 were working as Assistants and Stenographers with Respondent no.1- National Institute of Educational Planning and Administration, Delhi. The appellants in Civil Appeal No.209 of 2007 were working with the Sahitya Academy, Delhi as Accounts and Administrative Assistants/Assistants/Stenographers. The appellants’ were getting the pay scale of Rs.425-800 upto 1986. The Assistants in the Central Government were also getting the same pay scale. According to the IVth Pay Commission, the pay scale of Assistants and Stenographers was revised from Rs.425-800 to Rs.1400-2600 in the Central Government. The Anomalies Removal Committee gave its recommendation increasing the pay scales from Rs.1400-2600 to Rs.1640-2900. Though the recommendation of the Anomalies Removal Committee were accepted from 01.01.1986 but the appellants were not given the pay scale of Rs.1640-2900. According to the appellants, they were also entitled to the pay scale of Rs.1640-2900. The Central Government vide letter dated 5.1.1990 approved the service regulations of the respondent- Institute.

       According to this regulation, the appellants were also entitled to the pay scale which was extended to their counterparts in the Central Government but the appellants were not given the pay scale of Rs.1640-2900. They were compelled to approach the High Court for the relief. High Court disposed of the petition with the directions to give the pay scales to the petitioners as admissible to the Central Government employees for the post of Assistant and Personal Assistant(Stenographers).

       LPA thereagainst was allowed.

       Finding of the Court:

       Appellants’ prayer deserve to be allowed.

       Result:

       All Civil Appeals allowed and disposed of.

JUDGMENT

DALVEER BHANDARI, J. These appeals are directed against the judgment dated 31.5.2002 passed by a Division Bench of the High Court of Delhi at New Delhi in L.P.A.NO.301 of 1997 etc. By this common judgment, we propose to dispose of Civil Appeals Nos.288-2009 of 2005 and Civil Appeal No.209 of 2007. Brief facts which are relevant to dispose of these appeals are recapitulated as under: The appellants in Civil Appeal Nos.288-289/2005 were working as Assistants and Stenographers with Respondent no.1- National Institute of Educational Planning and Administration, Delhi. The appellants in Civil Appeal No.209 of 2007 were working with the Sahitya Academy, Delhi as Accounts and Administrative Assistants/Assistants/Stenographers. The appellants' were getting the pay scale of Rs.425-800 upto 1986. The Assistants in the Central Government were also getting the same pay scale. According to the IVth Pay Commission, the pay scale of Assistants and Stenographers was revised from Rs.425-800 to Rs.1400-2600 in the Central Government. The Anomalies Removal Committee gave its recommendation increasing the pay scales from Rs.1400-2600 to Rs.1640-2900. Though the recommendation of the Anomalies Removal Committee were accepted from 01.01.1986 but the appellants were not given the pay scale of Rs.1640-2900. According to the appellants, they were also entitled to the pay scale of Rs.1640-2900. The Central Government vide letter dated 5.1.1990 approved the service regulations of the respondent- Institute. Regulation 4(2) provides as under :

"4(2) Group 'A' officers, other than faculty members and those on UGC grades of pay groups 'B', 'C' and 'D' employees shall draw salary and allowances in such scales of pay as may be applicable to the corresponding categories of Central Government employees and be subject to such conditions of service as are or may be applicable to Central Government employees from time to time."

According to this regulation, the appellants were also entitled to the pay scale which was extended to their counterparts in the Central Government but the appellants were not given the pay scale of Rs.1640-2900. They were compelled to approach the High Court for the relief. The learned Single Judge of the Delhi High Court passed the following order in the case of Assistants and Stenographers of the National Institute of Educational Planning and Administration:

"IN THE HIGH COURT OF DELHI AT NEW DELHI CW No.805/97 Heard the counsel for the parties and perused the record. The grievance of the petitioners are that they are also in the post of Assistant and Personal Assistants (Steno). Similarly situated organizations have been granting the revised pay scale for such posts as given by the Central Government to its employees whereas the respondents are not implementing the revised pay scales on account of the circular issued by the Ministry of Finance dated 11st December, 1990. This court in CW No.290/95 decided on 29 th November, 1995 as well as in the case of P.S.Gopinathan Nair & Ors. Vs. All India Institute of Medical Sciences. C.W.No.4462/94 decided on 16th October, 1995, has already given directions to the similarly situated organizations to grant the pay scale at par with the employees of the Central Government. Similar directions were also given in the case of the Indian Council of Agricultural Research, Indian Council of Medical Research and University Grants Commission. The case of the petitioners is at par with the employees of other organizations. Taking the above factors into consideration, directions are accordingly given to the respondents to give the pay scales to the petitioners as admissible to the Central Government employees for the post of Assistant and Personal Assistant(Stenographers). With these observations the petition stands disposed of. 28.7.1997 Sd/- Usha Mehra Judge."

The said judgment of the learned Single Judge was based on earlier judgments of the High Court passed in Civil Writ No.290/95 decided on 29th























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