The court ruled that the higher pay scale granted to respondent No.4 was illegal and emphasized adherence to recruitment rules, ensuring equal treatment for similarly situated employees.

JUDGMENT :

RAJESH BINDAL, J.

1. The present appeal questions the legality of the order¹[dated 15.07.2011 in Writ Petition (Civil) No.3791 of 2011] passed by the High Court²[High Court of Delhi], vide which the orders³[Dated 01.06.2010 in O.A.No.1762/2010 and Dated 03.08.2010 in Review Application No.203/2010] passed by the Tribunal⁴[The Central Administrative Tribunal, Principal Bench, New Delhi] were upheld by the Division Bench of the High Court.

FACTS

2. The appellant No.1 joined the Commission for Scientific and Technical Terminology⁵[Hereinafter referred to as ‘CSTT’.] as a Research Assistant (later redesignated as Assistant Scientific Officer) on 03.01.1990. The recruitment was made in terms of the Central Hindi Directorate (Research Assistant) Recruitment Rules, 1980⁶[Hereinafter referred to as ‘the 1980 Rules’].

3. The 1980 Rules were amended in the year 1993 providing for educational qualifications and experience required for the post of Research Assistant in different subjects including medicine.

4. On 02.12.1994, an advertisement was issued by the Union Public Service Commission for recruitment to the post of Research Assistants (Economics), (Medicine) and (Electronics) in CSTT. The advertisement clearly provided the duties of the post namely: the evolution of terminology, preparation of definitional dictionaries and allied work.

5. The appellants No.2 to 6 joined CSTT as Research Assistants on various dates as detailed below:

6. On 20.05.1997, the appellant No.1 was promoted to the post of Scientific Officer.

7. The respondent No.4 joined CSTT as a Research Assistant (Medicine) on 18.01.1999. Both the appellants as well as the respondent No.4 belong to the same cadre. A common seniority list of Research Assistants, as on 28.02.1999 was prepared and circulated on 23.03.1999. In the aforesaid seniority list, the appellants No.2 to 6 were shown at Serial No(s). 3, 5, 6, 8 and 9, respectively, whereas respondent no.4 was shown at Serial No.13. The name of appellant no.1 was not in the seniority list of Research Assistants as he had already been promoted to the post of Scientific Officer on 20.05.1997.

8. Vide order dated 20.07.2000, various posts in the CSTT were redesignated. As a result, the post of Research Assistant was redesignated as Assistant Scientific Officer, whereas the post of Assistant Education Officer was redesignated as Scientific Officer.

9. On 18.10.2000, the respondent No.4 submitted representation for upgradation of his pay-scale. However, the same was rejected vide order dated 26.06.2001/03.07.2001.

10. On different dates from 2002 to 2006, the appellants No.2 to 6 were promoted as Assistant Scientific Officers.

11. On 12.06.2005, the respondent No.4 left CSTT to join as Ayurvedic Physician, in the Directorate of Indian Systems of Medicine & Homeopathy, Puducherry. On 06.09.2005, he joined as Medical Officer (Ayurveda) in the Directorate of Daman and Diu Medical & Health Services and thereafter on 30.01.2006, he joined the Central Council for Research in Ayurveda and Siddha⁷[Hereinafter referred to as CCRAS] , New Delhi, an autonomous body. All these posts were in the pay scale of Rs.8000- 13500.

12. On 13.12.2006 an order was issued by the Directorate⁸[Central Hindi Directorate, Ministry of Human Resource Development, Department of Secondary and Higher Education.] upgrading the scale of pay of the respondent No.4 from Rs.6500-10500 to Rs.8000-13500. In the aforesaid order, reference was made to para 52.33 of the report of the Commission⁹[Fifth Central Pay Commission Report.] , which dealt with the pay scal