The main legal point established in the judgment is the application of the 'equal pay for equal work' principle in granting parity to translators working in subordinate offices with those belonging to CSOLS.

Rekha Palli, J.

The present petition under Article 226/227 Constitution of India assails an order dated 07.12.2016 passed by the Central Administrative Tribunal, Principal Bench, Delhi (Tribunal), allowing O.A.No.1439/2015 filed by the respondent. Vide the impugned order, the learned Tribunal has directed the petitioners to fix the respondent's pay in the scale of Rs.5500-9000/- w.e.f. 01.01.2003 and in PB 2 with Grade Pay of Rs.4600/- w.e.f. 01.01.2006.

2. The respondent joined the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) as a Junior Hindi Translator w.e.f. 24.10.2003 when she was placed in the scale of Rs.4500-7000/-, which was subsequently increased to Rs.5000-8000 w.e.f. 23.05.2008. Soon after the respondent had joined her services, the pay scale of the post of Translators, including Junior Translators in the Central Secretariat for Official Languages Service (CSOLS), was revised vide order dated 02.04.2004 and the pay-scale of a Junior Translator in the CSOLS was enhanced to Rs.5500-9000 on notional basis w.e.f. 01.01.1996 and for actual payment w.e.f. 11.02.2003. In view of this upgradation in the pay scales of Translators in CSOLS, Hindi Translators working in various other Ministries also started claiming parity by approaching various benches of the Tribunal, which claims were allowed. These orders of the Tribunal were upheld by the Supreme Court vide its order dated 25.07.2013 passed in Civil Appeal No.1119/2013 by observing that there was no functional distinction as far as the work of Translators in the Ministries and the CSOLS are concerned.

3. In the light of the aforesaid decision of the Supreme Court the respondent made representations to the petitioners seeking revision of her pay at par with that granted to a Junior Translator in the CSOLS. As no action was taken on her representations, she approached the Tribunal by filing the O.A. Before the Tribunal the respondent/applicant had claimed that once Junior Translators in all other similar organisations were being granted the pay-scale of Rs.5000-8000/- w.e.f. 01.01.1996 vide O.M. dated 20.12.2000 and the pay scale of Rs.5500-9000/- w.e.f. 11.02.2003 vide O.M. dated 02.04.2004, which had been further revised to Rs.6500-10,500/- pursuant to O.M. dated 24.11.2008, there was no reason as to why the same should not be granted to her also. The respondent had also claimed placement in PB-2 with grade pay of Rs.4600/- w.e.f. 01.01.2006 as a consequence of the recommendation of the 6th CPC.

4. On the other hand, the petitioners had opposed the respondent's claim by contending that the pay revision granted to Translators in the CSOLS could not be made applicable to her as she was working in a different Department, i.e., CESTAT. It was further contended that the claim of the respondent for being placed in PB-2 with grade pay of Rs.4600 was wholly misplaced as only those officers who were in the pre-revised pay scale of Rs.6500-10500/- as on 01.01.2006 were entitled to be granted the grade pay of Rs.4600/- in PB-2, whereas the pay-scale of Junior Translator in CSOLS had been revised to Rs.6500-Rs.10,500/- only w.e.f. 01.01.2006.

5. The Tribunal after considering the decision of the Supreme Court allowed the O.A. by observing as under:-

"6. We have heard both sides and perused the material on record. A mere reading of the orders of Hon'ble Supreme Court in Special Leave Petition (Civil) Nos. 17419/2009, 37255/2012 and CA 1119/2013 (Union of India & Ors Vs. Rajesh Kumar Gond, Union of India & Ors Vs. Dhananjay Singh and Union of India & Ors Vs. Dalev Singh and Ors) would reveal that the Apex Court has held that there was no difference in the nature of duties discharged by Hindi Translators belonging to CSOLS and those working in subordinate offices, as both were doing translation work. Consequently, on the basis of "equal pay for equal work" the Apex Court has granted parity to translators working in the subordinate offices with the translators belongi