Hon’ble Mr. Tarun Shridhar, Member (A)

The subject of the present Original Application is grant of an

appropriate scale of pay and Grade Pay pursuant to the

recommendations of the Pay Commission. The applicant is

seeking revision of the pay scale from 1996 onwards. This is a

second round of litigation on the subject and the applicant has

agitated his grievance along with some others in O.A. No.

1800/2012 decided on 14.11.2014. While deciding the said OA,

this Tribunal had passed the following orders:-

“8. After having heard the rival parties at some length, it transpired

that the Department is yet to take a decision on this issue. We are of

the considered opinion that it is better to direct the respondents at this

stage to consider the matter in the light of the arguments raised by the

applicants and the provisions of the Rules of 2008. The OA is,

therefore, disposed of with the following directives:-

1. The respondents are directed to consider the claim of the applicants

in light of the recommendations of the 6th Central Pay Commission

and also the provisions of the Pay Rules, 2008 regarding maintenance

of ratio between the Accounts Officer Group-B Gazetted and

Ministerial Section Officers Group-B Gazetted particularly when, as a

consequence of the order dated 31.12.2009, this ratio is getting

disturbed, and pass a reasoned order, within a period of three months

from the date of receipt of certified copy of this order.

2. The applicants shall have the liberty to approach this Tribunal in

the event they feel aggrieved with the same.

3. There shall be no order as to costs.”

2.

Learned counsel specifically draws attention to the

observation of the Tribunal while deciding the Original

Application that the direction to take a decision in the matter by

passing an appropriate order was made against the background of

the fact that the matter was under-consideration of the

Department and they were yet to take a decision on the same in

3

the light of Pay Commission recommendations and the 2008

Rules. Pursuant to the directions of the Tribunal in that OA, the

respondents have passed an order dated 13.02.2015, impugned in

this OA, rejecting the claim of the applicant and holding that he is

not entitled to the benefit of pay scale as claimed by him. He

places a challenge to the said order seeking the following

relief(s):-

“(a) Quash and set aside the Order dated 03.2.2015

(ANNEXURE A-1).

(b) Direct the respondents to grant the Applicant the pay scale

of Rs.8000-13500/- wef 1.1.1996 which is the corresponding

pay scale of the PB 3 Grade Pay of Rs.5400/-

(c) Grant all the consequential benefits including arrears of the

pay and also the arrears of pension with interest as may be

granted by this Hon'ble Tribunal in the interest of justice.

(d) Any other relief which this Hon'ble Tribunal may grant

under the facts and circumstances of the case.”

3.

Learned counsel for the applicant draws attention to the

recommendation of the Sixth Central Pay Commission made in

para 3.8.5. For the sake of clarity, it would be appropriate to

reproduce the said para which reads as under:-

“3.8.5 All the posts belonging to the organized accounts cadres are

covered in the recommendations contained in Chapter 756 relating to

Indian Audit & Accounts Department. Apart from the posts in the

organized accounts cadres, isolated posts of accounts staff in Group B

& C exist across various ministries and departments of Central

Government. The Accountants belonging to unorganized cadres have

always sought parity with the posts in the organized accounts cadres.

Personnel belonging to the organized accounts cadres not only have

different duties but their skill requirement is also higher. The

personnel

belonging

to

organized

accounts

cadres

have

to

compulsorily pass departmental examinations like SAS for promotion.

Such is not the case for posts relating to accounts work outside the

organized accounts cadres. It is, therefore, not possible to draw any

comparison between