Seniority-based pay scale classification for same post is rational and not violative of equal pay; recovery impermissible for Group C employees after 5 years.

ORDER 

Hon’ble Mr. Justice Rameshwar Vyas, Member (J)

Being aggrieved by office order dated 04.08.2015 (Annexure- A/1), whereby the pay of the applicant as Diesel Technician was revised in Pay Band of Rs.5200-20200 with Grade Pay of Rs.2400/- (Old Pay Scale of Rs.4000-6000) with consequential upgradations, the applicant has preferred this OA challenging the above office order along with corrigendum dated 16.07.2015 (Annexure-A/2) and seeking direction against the respondents to revise his pay scale w.e.f. 01.01.2009 in the revised pay scale of Rs.9300-34800 with Grade pay of Rs.4200/- (old pay scale of Rs.5000-8000) with all consequential benefits. The applicant also prays to declare Central Government order dated 25.02.1999 (Annexure-A/7) as illegal so far as prescribing separate categories of pay scale on the same post of Diesel Technician.

2. Facts of the case in brief are as under:-

2.1 The applicant was initially appointed as Diesel Engine Driver on 25.10.1993 on probation of 2 years. After completion of probation period, he was regularised on the said post w.e.f. 25.10.1993 vide order dated 20.03.1996. Vide order dated 17.11.2009 (Annexure-A/5) the applicant was promoted to the cadre of Diesel Technician. After promotion his pay was fixed in the pay band of Rs.5200-20200+GP 2000 which was revised to Rs.9300-34800 with grade pay of Rs.4200. Government of India, Ministry of Information and Broadcasting on 25.02.1999 (Annexure-R/1) upgraded the scale of pay of various categories of the employee of All India Radio and Doordarshan in Prasar Bharti as indicated below in Annexure-I: -

2.2 It is averred by the applicant that he was granted pay scale of Rs.5000-8000, but on 16.07.2015 (Annexure-A/2) an order was passed fixing him in the old pay scale of Rs.4500-7000, which was revised in new pay scale to 5200-20200 with grade pay of Rs.2800/- instead of 4200/- and the benefits which were conferred to the applicant in the year 2009 was changed w.e.f. 01^st January, 2011. Thereafter, without giving notice to the applicant, his pay was reduced from Rs.5200-20200 with grade pay of Rs.4200/- to Rs.5200-20200 with grade pay of Rs.2400/- (i.e. Old Pay Scale of Rs.4000-6000) w.e.f. 01.07.2009, consequently in the pay scale of Rs.5200-20200 with grade pay of Rs.2800 (old Pay Scale of Rs.4500-7000) w.e.f. 01.07.2011.

2.3. It is further averred that action of the respondents in reducing the pay of the applicant without giving any opportunity of hearing that too with retrospective effect entails evil and civil consequence. Apart from this, the review of pay scales was done treating the applicant in the bottom 15% in pay scale of Rs.4000-6000 and in the pay scale of Rs.4500-7000 treating to be a part of 20% incumbent w.e.f 01.07.2011 revised to Rs.5200-20200 with grade pay of Rs.2800/- in new pay scale. It is the case of the applicant that this revision is nothing but a clear case of gross arbitrary exercise of power on the basis of so-called rectification. The pay of the applicant cannot be reduced. Vide Circular dated 25.02.1999, the incumbents who were first in the 65% of the cadre of Diesel Technician were fixed in the pay scale of Rs.5000-8000, next 20% would be given to the pay scale of Rs.4500-7000 and 15% in the bottom most would be given the pay scale of Rs.4000-6000 respectively.

2.4 It is the case of the applic