The court emphasized the distinction in pay scales based on educational qualifications and referenced relevant Supreme Court judgments.

1. The 10 petitioners have filed the present writ petition seeking to challenge an order of the first respondent Union of India represented by its Secretary, Government of India, Ministry of defence, dated 21.08.2009 and seeks to set aside the same with a consequential direction to refix their scale of pay as Yantriks on par with the scales of pay applicable to the Central Police Organizations like the Central Para Military Force (CPMF) and the Border Security Force (BSF) with retrospective effect. By the impugned order, dated 21.8.2009 issued by the first respondent addressed to the fourth respondent Director General of Coast Guard, the Government of India had sanctioned payment of Coast Guard Yantrik Pay at the rate of Rs.800/- per month to employees working in the Technical Branch of Coast Guard Organization from the level of Yantrik to the level of Pradhan Sahayak Engineer. The said pay will count for all purposes including DA and pension and that it will be effective from 01.01.2006.

2. When the writ petition came up for admission on 14.10.2009, notice was issued to the counsel appearing for the Coast Guard. Subsequently the writ petition was admitted on 05.11.2009. On an application fixing an early date, this court directed the matter to be listed during August, 2010. But for the reasons best known, the matter was not taken up. On notice from this court, on behalf of all respondents, the fifth respondent has filed a counter affidavit, dated 16.7.2010 together with supporting typed set containing documents in support of the averments made in the counter affidavit.

3. Heard the arguments of Mr.S.Ramasamy, learned Additional Advocate General appearing for the petitioner and Mr.M.Devendran, learned Senior Panel counsel appearing for respondents.

4. The eligibility rules of the year 1979 for recruitment of Sailors in the technical branch provided for direct recruitment to the post of Yantrik with an educational qualification of higher secondary with Science and Maths subjects. The posts of Uttam Yantrik and the Pradhan Yantrik were made as promotional posts. For the years 1980, 1981 and 1982, no direct recruitments were made. The Recruitment Rules were finalized only in the year 1982. The Sixth Pay Commission constituted by the Government of India had approved Rs.800/- per month as Coast Guard Yantrik Pay to all six ranks of Yantriks and communicated by an order dated 21.8.2009. Right from the inception of Coast Guard, the scale of pay of Yantriks though were modelled on the lines of Naval Pay scales, but it was depressed by Rs.5/- upto the rank of Pradhan Yantriks and thereafter at Rs.10/- in the ranks of Sahayak Engineer and Uttam Sahayak Engineer. There was different scale of pay maintained for both Navy ranks and Coast Guard ranks. The following table will show the different scales of pay for similar posts:- Coast Guard Ranks Scales of Pay (Rs.) Navy Ranks Scales of Pay (Rs.)

Yantrik 295-303 Artificer V 300-308

UttamYantrik 335-351 Artificer IV 340-358

PradhanYantrik 386-436 Artificer III 391-550

SahayakEngineer 555-630 Chief Artificer 565-640

UttamSahayak Engineer 610-730 MCPO-II 620-740

PradhanSahayak Engineer 725-825 MCPO-I 725-825

5. The revision of recruitment rules for the post of Yantriks in the year 1982 was enhanced from those existing in the year 1979, but no change when scales of pay were made. Thereafter, the pay scales have been revised subsequently in the 4th, 5th and 6th Pay Commissions. An attempt made by the petitioners to compare to the similar post or the post of similar designation of other posts like BSF cannot be accepted. The 6th Central Pay Commission also did not recommend the similar scale for Yantriks and CPMF. Subsequently when an anomaly was pointed out, the matter was referred to the Central Government. Therefore, a Fast Track Committee was constituted relating to scale of pay of Yantricks in the Coast Guard. The Committee's recommendation was accepted by the Government. But, there w