The court ruled that the higher pay scale of Rs.8000-13500 is not applicable to Technical Assistants in ICAR, as it specifically pertains to veterinary posts as per separate guidelines.

JUDGMENT

Satish Chandra Sharma, C.J. The present Writ Petition is arising out of orders dated 04.01.2006 and 21.02.2006 of the Ld. Central Administrative Tribunal, Principal Bench, New Delhi (CAT) passed in O.A. No. 2376/2004 and R.A. No. 32/2006 respectively ("Impugned Orders").

2. The Tribunal vide Impugned Orders dated 04.01.2006 & 21.02.2006 has declined to interfere with the orders dated 24.07.2003 & 15.10.2003 passed by the Respondents by which the pay of the Petitioner was fixed in the pay scale of Rs.6500-10500 w.e.f. 01.01.1996 and also declined to grant a pay scale of Rs.8000-13500 w.e.f. 01.01.1996 to the Petitioner.

3. The Petitioner before this Court has prayed that the Impugned Orders be quashed and set aside. Further, a writ/direction/order be issued to the Respondent to revise the pay of the Petitioner and place him in the Pay Scale of Rs.8000-13500 w.e.f. 01.01.1996 and to grant him all consequential benefits emanating from said revision of pay scale.

4. The Petitioner before this Court is a retired employee. He started his service career by joining Indian Council of Agricultural Research (ICAR) on 20.04.1981 as Technical Assistant (AH) T-II-3, in the pay scale of Rs.425-700. The Petitioner attained the age of superannuation on 06.01.2004.

5. The brief facts of the case relevant for adjudication of this present petition arise out of recommendations of the Central Pay Commissions and subsequent orders passed by governmental departments revising pay scales of several posts.

6. As per the recommendations of the 4th Central Pay Commission, the pay of the Petitioner was revised to Rs.2000-3500 w.e.f. 01.01.1986 by an Order dated 08.06.1987. However, the pay scale granted to the Petitioner was withdrawn by an order of the Respondents dated 10.03.1989.

7. The Petitioner being aggrieved by the withdrawal of pay scale of Rs.2000-3500 preferred an Original Application before the CAT, New Delhi. The CAT set aside the order passed by the Respondents vide judgment dated 26.05.1998, restoring the pay scale of the Petitioner to Rs.2000-3500 with all consequential benefits and continuance in pay scale w.e.f. 01.01.1986. The Respondents being aggrieved by the order passed by the CAT preferred W.P. (C.) No. 625/1998. The same was dismissed by the High Court on 18.01.1999. Thereafter, an SLP was also preferred and the same stood dismissed as withdrawn by an Order of the Hon'ble Supreme Court on 09.08.1999. The Department thereafter also preferred an application for review of the Judgement of this Court dated 18.01.1999 in W.P. (C) 625/1998, bearing No.100/1999. The same also stood dismissed by an order dated 03.12.1999.

8. The Respondents, after the aforesaid litigation attained finality, implemented the order passed by the CAT dated 26.05.1998 vide consequential orders dated 17.05.2000 and 31.08.2000.

9. In 1996, the 5th Central Pay Commission had made recommendations regarding veterinary posts pay scales and Non-Practicing Allowance (NPA). Subsequently, `Part B' of the Revised Pay Rules, 1997 had notified the pay scale of Rs.8000-13500 as the entry grade for all posts requiring a degree of Bachelor of Veterinary Sciences and Animal Husbandry (B.V.Sc. & A.H) with registration in the Veterinary Council of India as the minimum essential qualification.

10. The Government of India, keeping in view the recommendations of the 5th Central Pay Commission in respect of Veterinary Doctors possessing B.V.Sc. & A.H. with registration in the Veterinary Council of