IMPORTANT POINT
The Court affirmed the principle of historical parity in pay scales between Central Secretariat Services and field office employees, mandating equal pay for equal work.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. D. Borah, learned counsel for the petitioners. Also heard Mr. R. K. D. Choudhury, learned Dy.SGI representing the Union of India.

2. As agreed to by the learned counsels for the parties, these two writ petitions are taken up together for final disposal as they involve similar issues and cause of action.

3. The present writ petitions are filed assailing the following orders:-

I. Order dated 14.12.2009 issued by respondent No. 2 i.e. the Secretary, Department of Expenditure, Ministry of Finance, Government of India to the Joint Secretary (AT&A), DOPT granting the benefit of fixation for the merged scales in Rs.7450-11,500/- with effect from 01.01.2006 accordance with 6th CPC pay-scale of 9300-34800/- and grade pay of Rs. 4600/- including fixation at the minimum of the pay i.e. Rs. 7450 X 1.86 + 4600 = Rs. 18,460/-to only the Assistants/PA/Steno-C of the Central Secretariat Services (hereinafter referred to as CSS) and according to the petitioners such benefit has not been granted to the Field Office Assistant/Steno-A in the organization like BRO to which the petitioners belong.

II. The other challenge is an Office Memorandum No. 20/29/2006- CS.II dated 25th September, 2006, whereby the pay scale of the Assistants and Steno Grade C (PA) of CSS were upgraded from Rs. 5500-175-9000/-to Rs. 6500-200-10,500/- w.e.f. 15th September, 2006 and according to the petitioners, by way of this Office Memorandum also, their rights were not considered.

III. The yet another challenge is Office Memorandum F. No. 1/1/2008-IC dated 13.11.2009 whereby the benefit of Grade Pay of Rs. 4600/- was granted w.e.f. 01.01.2006 to those employees who were in the scale of pay Rs. 6500-10500 in terms of 5th CPC. Thus, it is the case of the petitioners that resultantly, they were also deprived from such benefits for the reason that they were not granted the benefit in the 5th CPC. According to the petitioners, the petitioners were also deprived from such benefits.

IV. Another challenge is an Office Memorandum F. No. 1/1/2008-IC dated 16.11.2009, whereby the Field Office Assistants/Steno-A like the petitioners were denied the grade pay of Rs. 4600/- in the pay scale of Rs. 9300-34800/-.

V. The petitioners have also challenged the Office Memorandum No. 20/29/2006-CS II dated 14.11.2006, whereby the Stenographers in Grade VI. D were granted benefits depriving the petitioners who are similarly situated but posted in the field.

VI. Thus, the basic case of the petitioners is discrimination of the equivalent employees working in the CSS vis-à-vis the employees posted in field organisations like the petitioners i.e. the Border Roads Organization who are attached to a field duty.

4. Before adverting to the arguments advanced by the learned counsel for the parties, let the facts of the case be recorded in a nutshell in the following manner:

I. The petitioners were all serving as Assistant/Steno A/Private Secretary in the Border Roads Organization (BRO). On 25.09.2006 by the impugned OM dated 25.09.2006 respondent employer upgraded the pay scale of Assistant/Steno Grade C/PA of Central Secretariat services w.e.f. 15.09.2006. Such OM was issued 10 days prior to the constitution of 6th CPC. The grievances of the petitioners are that they are at par with the central secretariat service though they are posted in field offices.

II. Thereafter, on 29.08.2008 the 6th CPC recommended some structural scale up-gradation in respect of field office assistant/Steno A viz-a-viz secretariat assistant, which was accepted and approved by the Government and notified on 29.08.2008 by the Ministry of Finance.

III. Thereafter, impugned notification dated 13.11.2009 was issued providing that the posts, which were in the scale of Rs. 6,500/- to 10,500/- in terms of 5th CPC as on 01.01.2006 have been granted grade pay of Rs. 4600/- with 01.01.2006 itself. However, such benefit was granted to those, who were in 5th CPC scale of Rs. 6,500/- 10,500/- as of 01.01.20