ORDER (Oral)

Per Ms. Bidisha Baneriee, Judicial Member:

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Ld. Counsel for both sides are present and were heard.

2. The applicant has assailed the order dated 27.03.2018, issued by the Joint j ; .i• ;!

Commissioner, COST & CX, Kolkata North Commissionerate vide which her request for pre revised upgraded pay scale of Rs. 7,500-12,000/-- to the Post of i,

■ V Asstt. Director (O/L), has been rejected.

3. The grievance of the applicant in a nut shell is as under:

f • f That although in terms of the letter dated 14.7.2003 of the Ministry of Finance, Department of Expenditure granted extension of higher pay scale of Rs. 5,500-9,000/-, Rs. 6,500-10,500/- and Rs. 7,500-12,000/- exclusively to the Junior Hindi Translators, Senior Hindi Translators and Assistant Directors respectively of c 7 CSOLS w.e.f. 1.1.96, by virtue of the decision in O.A. No. 912 of 2004, the Sr. Hindi I Translators of subordinate offices too have been extended the benefits of higher

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pay scale, yet her claim seeking parity with the applicant in O.A. No. 912 of 2004 namely Dhananjay Singh for higher scale (upgraded pay scale) has been rejected i vide impugned order dated 27.03.2018 (Annexure A-16) extracted infra. The impugned order dated 27.03.2018 is extracted hereunder for clarity :-

"Sub: Request for granting pre revised upgraded pay scale of Rs. 7500- 12000/- to the Post of Asstt. Director (O/L), in the case of Smt. Maya Rani Das, Dy. Director (O/L)- reg.

Please refer your representation dated 28.07.2017 on the subject mentioned above and also refer O.A. No. 350/1700 of 2017, Maya Rani Das &

Ors. Vs. UOI.

In the Para-Ill of your representation dated 28.07.2017 you have mentioned that in the Central Secretariat Official Language Services (CSOLS) the Pay Scale has been upgraded vide OM No. F. No. 70/11/2000-IC dated 14.07.2003 where in the pay scale of Assistant Director (O/L) was placed in the pay scale of Rs. 7,500-12,000/- and you have also stated' that the scale was approved nationally w.e.f. 01.01.1996 and benefit allowed w.e.f. 11.02.2003. In this connection it is to mentioned here that the pay scale was awarded to the staff belongs to Central Secretariat Official Language Services (CSOLS) and can not be extended to similarly designated post elsewhere.

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This office intimated the fact before the competent authority but no t such order has been received by which the pay scale of CSOLS can be extended to the similarly placed officer in the subordinated offices.

In view of the above your request for granting-pay scale of CSOLS can not be exceeded to.

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Thanking you."

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Yours faithfully,

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[ VISHWANATH]

Joint Commissioner CGST& CX r*

Kolkata North Commissionerate

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4. Ld. Counsel at hearing would vociferously contend that the respondents are arbitrarily depriving the applicant of the benefit of the judgement in O.A. No. 912 of 2004 in Dhananjay Singh (supra), a Junior Hindi Translator in a Central Excise •i

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Commissionerate i.e. a subordinate office and a non-CSOLS and thereby creating

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a class within a class. •:

Per contra, Ld. Counsel for the respondents would invite our attention to

•r the clarification vide O.M. dated 29.3.2004 issued by the Department of k.i T Expenditure (Implementation) Cell to extracted that said upgraded scales apply '•i exclusively to the posts in CSOLS. The claraification reads thus: .................it has come to notice of this Department that these pay scales have been extended to similarly designated posts in some organizations outside the CSOLS. It is clarified that the upgraded pay scales approved bv the Government are specific to the posts in CSOLS and cannot be extended to'similarly designated posts elsewhere. AH the concerned departments who hove extended these scales

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unilaterally and unauthorisedly to such posts are directed to withdraw these scales and place these posts in the otherwise applicable pay scales. It is further directed that responsibility for this lapse may be fixed."

6. Be that as it may, it is an admitted position that such up