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2013 Supreme(Del) 2467

DELHI HIGH COURT
Pradeep Nandrajog, V.Kameswar Rao, JJ.
Draughtsmens’ Association Survey of India & Anr. - Appellant
Versus
Union of India & Anr. - Resopndent
W.P.(C) 17207/2006
Decided On : 12-12-2013

Represented by:Ms.Jyoti Singh, Sr. Advocate with Mr.Sudarshan Rajan , Mr.S.Ritam Khare, Advocates
Represented by:Mr.Sumeet Pushkarna, Advocate with Ms.Sara Sundaram , Mr.G.C. Nayak, Under Secretary

Headnote:

Service Law - Writ - Pay scale - Higher pay scale to junior - Petitioner claim is based upon the benefit granted to the applicants in O.A by the Guwahati Bench of the Tribunal - Grant of higher scale to persons junior to the petitioners have created an anomaly - This issue was neither raised nor urged by the petitioners before the Tribunal - Even in the writ petition no such plea has been taken - In the absence of any factual foundation the respondents are handicap for not giving a response to the same - Pay of a senior would be step up if the conditions laid down in the instruction are fulfilled - Held, respondents are required to consider the aspect of anomaly which has crept in due to grant of higher pay scale to persons junior to the petitioners in terms of the order of the Guwahati Bench and the Calcutta Bench of the Tribunal and pass appropriate orders in that regard - Writ petition disposed of.

JUDGMENT :

V.Kameswar Rao, J.

1. The challenge in this writ petition is to the orders dated February 27, 2006 passed in O.A.No.457/2005 and to the order dated August 18, 2006 passed in R.A.No.63/2006 in O.A.No.457/2005 by the Central Administrative Tribunal, whereby the Tribunal dismissed the O.A and R.A. filed by the petitioners.

2. The claim of the petitioners before the Tribunal was for a direction against the respondents to extend the benefit of the judgment and order dated May 30, 2003 in O.A.No.14/2002 passed by the Guwahati Bench of the Tribunal, to all Draughtsmen Grade II of the Survey of India with arrears of pay and interest. The benefit was also sought for those Draughtsmen who had retired or died with all consequent benefits revised terminal benefits etc.

3. A Board of Arbitration had given an award inter alia directing revising of pay scales of Draughtsmen Grades I, II and III in Central Public Works Department. A Committee of the National Council (Joint Consultative Machinery) was set up to consider the request of the staff side to revise the scales of pay of Draughtsmen working in all Government of India Offices. The Ministry of Finance vide memorandum dated March 13, 1984 conveyed the decision of the President to extend the revised pay scales to Draughtsmen working in other departments of the Govt. of India provided their recruitment qualifications are similar to those prescribed in the case of Draughtsmen in Central Public Works Department. Those who did not fulfil the recruitment qualification were to continue in the pre-revised scales.

4. Another O.M. dated October 19, 1994 was issued by the Govt. of India conveying the decision to the effect that Draughtsmen in Grade I, II and III in the offices and department of the Govt. of India would be placed in the pay scales as mentioned in the said order. The details of the said order are as under:-

“2. The President is now pleased to decide that the Draughtsmen Grade I, II, III in offices/departments of the Government of India other than in CPWD may also be placed in the scale of pay mentioned above subject to the following:

(a) Minimum period of Service for Placement: 7 years from the post carrying scale of Rs.975-1540 to Rs.1200-2040 (pre-revised Rs.260-430 to Rs.330-560).

(b) Minimum period of service for placement: 5 years from the post of carrying scale of Rs.1200-2040 to Rs.1400-2300 (pre-revised Rs.330-560 to Rs.425-700) (c) Minimum period of service for placement: 4 years from the post of carrying scale of Rs.1400-2300 to Rs.1600-2660 (pre-revised Rs.425-700 to Rs.550-750).

3. Once the Draughtsmen are placed in the regular scales, further promotions would be made against available vacancies in higher grade and in accordance with the normal eligibility criteria laid down in the recruitment rules.

4. The benefit of this revision of scales of pay would be given with effect from 13.5.82 notionally and actually from 1.11.83.”

5. Around 73 Draughtsmen Grade II under the Director, Survey of India, North Eastern Circle, Ministry of Science and Technology filed an O.A. 52/1996 before the Guwahati Bench of the Tribunal in the name of Mr.T.R.Sharma & Ors. v. Union of India & Ors. claiming a scale of Rs. 425-700 as per para 2(b) of the O.M. dated October 19, 1994.

6. The said O.A. was allowed by the Guwahati Bench of the Tribunal on July 17, 1997 and the respondents were directed to place the applicants in the O.A. in the pay scale as per clause 2(b) of the O.M. dated October 19, 1994.

7. The respondents filed a writ petition in the Guwahati High Court bearing No.4733/1992 challenging the order passed by the Guwahati Bench of the Tribunal. The writ petition was dismissed on July 31, 1999. The Special Leave Petition filed by the respondents before the Supreme Court numbered as SLP No.2082/2000 was also dismissed by the Supreme Court on March 31, 2000.

8. The petitioners herein also instituted a fresh O.A.No.2094/2001 before the Principal Bench of the Tribunal seeking extension of th







































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