Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4715

IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Kamal Narayan Arya & Ors. – Appellants
Versus
Union of India & Ors. – Respondents
W.P.(C) 5022 of 2008
Decided On : 03-07-2023

Advocates appeared:
Mr. M.K. Gaur, Mr. Anoop Kumar and Mr. U. Srivastava, Advocates, for the Petitioner.
Mr. Ajay Digpaul, CGSC with Mr. Kamal R. Digpaul and Ms. Swati Kwatra, Advocates, for the UOI.
Ms. Archana Gaur and Ms. Ridhima Gaur, Advocates, for the Respondent-3.

Autonomous bodies have the authority to independently adopt and implement pay commission recommendations for their employees, and employees of autonomous bodies cannot claim entitlement to the same service benefits as government employees as a matter of right.

Headnote:
Pay Scale - Autonomous Bodies - 5th Central Pay Commission - [PHYSIOTHERAPISTS/OCCUPATIONAL THERAPISTS] - [5th CPC, Anomalies Committee] - The court discussed the implementation of the revised pay scale for Physiotherapists/Occupational Therapists in an autonomous body in accordance with the recommendations of the 5th Central Pay Commission and the Anomalies Committee. The court highlighted the authority of autonomous bodies to independently adopt and implement pay commission recommendations for their employees, emphasizing that employees of autonomous bodies cannot claim entitlement to the same service benefits as government employees as a matter of right.
Fact of the Case:

The petitioners sought revised pay scale in terms of the 5th Central Pay Commission (CPC) recommendations from 01.01.1996, while the Ministry of Social Justice and Empowerment implemented it from 18.12.2002. The petitioners filed a writ petition after their claim was dismissed by the Central Administrative Tribunal (CAT).
Finding of the Court:

The court found that the respondent, an autonomous body, had the authority to independently adopt and implement the recommendations of the pay commission for its employees. The court dismissed the writ petition, stating that the decision to implement the recommendations of the 5th CPC with effect from 18.12.2002 was not arbitrary or discriminatory.
Issues: The main issue was the date of implementation of the revised pay scale for Physiotherapists/Occupational Therapists in an autonomous body, as per the 5th CPC recommendations.
Ratio Decidendi: The court held that autonomous bodies have the authority to independently adopt and implement pay commission recommendations for their employees, and the decision to implement the recommendations of the 5th CPC with effect from 18.12.2002 was not arbitrary or discriminatory.
Final Decision: The writ petition was found without merit and dismissed by the court.

JUDGMENT

Mini Pushkarna, J. The present writ petition has been filed with prayer for quashing and setting aside the order dated 18.12.2002 issued by the Ministry of Social Justice and Empowerment, Government of India. By way of the said order dated 18.12.2002, it was conveyed to the respondent no. 3 Institute, wherein the petitioners are working, that the revised pay scale shall be granted in terms of recommendations of 5th Central Pay Commission (CPC) pursuant to recommendations of the Anomalies Committee with effect from 18.12.2002 when the order was issued by the Ministry, instead of 01.01.1996, when recommendations of 5th CPC were applicable to the employees of the Central Government.

2. By way of the present petition, it is prayed that directions be issued to the respondents to grant revised pay scale to the petitioners in terms of recommendations of the Anomalies Committee with effect from 01.01.1996, i.e. the date recommended by the Anomalies Committee, which is also the actual date of the implementation of the 5th CPC in other departments of the Government of India.

3. The petitioners are holding posts of Physiotherapists/Occupational Therapists and are working in the respondent no. 3/Institute.

4. The petitioner no. 1 was appointed with the respondent no. 3 as a Physiotherapist in the pay scale of Rs.4500-7000/- in August, 1998. Thereafter, petitioner no. 1 was promoted in November 2000 as Demonstrator Physiotherapist in the pay scale of Rs.5500-9000/-. Subsequently, petitioner no. 1 worked as senior Physiotherapist in the pay scale of Rs.6500-10,500/- from March 2005.

5. Petitioner no. 2 was appointed with the respondent no. 3 as Occupational Therapist in the pay scale of Rs.4500-7000/- in April 2000. Thereafter, petitioner no. 2 was selected to the post of Demonstrator (Occupational Therapist) by direct recruitment in the pay scale of Rs.5500-9000/- from April 2005.

6. Petitioner no. 3 was appointed with the respondent no. 3 as a Physiotherapist in the pay scale of Rs.4500-7000/- in June 1998. Thereafter, petitioner no. 3 was promoted on ad-hoc basis to the post of Demonstrator (Physiotherapist) in February 2002. Subsequently, petitioner no. 3 was appointed as senior Physiotherapist through direct recruitment in the pay scale of Rs.6500-10,500/- from April 2005.

7. It is the case on behalf of petitioners that recommendations of 5th CPC came into effect from 01.01.1996. By 5th CPC, the existing pay scale of the post of Physiotherapist and Occupational Therapist was revised from Rs.1400-2300/- to Rs.4500-7000/-. However, in the other Departments/Institutions of the Union of India, the existing pay scale of Rs.1400-2300/- of Physiotherapist and Occupational Therapist were revised as Rs.5500-9000/-.

8. The petitioners were aggrieved by the fact that the pay scale of Rs.1400-2300/-, which was the existing scale of Physiotherapist/Occupational Therapist before the 5th CPC, was replaced by pay scale of Rs.5500-9000/- in other departments of the Central Government. However, in the case of the petitioners, the revised pay scale of Rs.4500-7000/- was granted. Thus, aggrieved by the same, number of representations were submitted on behalf of the petitioners to the respondents. Subsequently, the matter was placed before the Anomalies Committee, which recommended that with respect to National Institutes, the revised pay scale of Rs.5500-9000/- be granted to Physiotherapist/Occupational Therapist, instead of the existing pay scale of Rs.4500-7000/-. Hence, office order dated 18.12.2002 was issued by the Ministry of Social Justice and Empowerment, Government of India, which reads as under:

"F.NO 22-20/99-NI-1

Government of India

Ministry of Social justice & Empowerment

Desk NI-1

Room No.622,'A'Wing, Shastri Bhavan,

New Delhi, dated the 18th December, 2002.

To,

Dr. Dharmender Kumar,

Director,

Institute for the Physically Handicapped,

4, Vishnu Digambar Marg,

New Delhi-110092.