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2024 Supreme(Online)(CAT) 16336
CENTRAL ADMINISTRATIVE TRIBUNAL
ShriKrishna, Administrative Member, Umesh Gajankush, Judicial Member
Kunal Jagannath More – Appellant
Versus
Union of India – Respondent
O.A.
Important Points
Subject
Service Law - Pay Scales and Allowances
Act Referred
AT Act: S.21
Headnote
(B) Limitation - Administrative Tribunal Act, 1985 - Section 21 - Delay in challenging pay fixation from 2010 appointments to 2018 OA condoned implicitly where substantive relief follows precedent and no stay on co-ordinate Benches' orders. (Para 3.7)
(C) ESIC Act - Section 17(2)(a) - Recruitment Rules regulating pay scales must align with Central Government scales for corresponding posts unless prior Central Government approval obtained for departure - Cadre structure differences between ESIC (smaller institutions) and Central Government Hospitals not sufficient to deny parity without specific justification. (Paras 3.1, 3.3-3.4)
Facts of the case:
Seven Junior Radiographers employed by ESIC hospital challenged rejection order dated 20.04.2017 denying revised Pay Band Rs.5200-20200 + Grade Pay Rs.2400 (corresponding to pre-revised Rs.4000-6000), claiming parity with Laboratory Assistants, Plaster Assistants, Auxiliary Nurses and counterparts in other Central Government organizations receiving higher grade pay despite identical qualifications and duties. Respondents defended lower Grade Pay Rs.2000 per Recruitment Rules and pending Delhi High Court challenge.
Findings of Court:
Issue covered by Jaipur Bench (OA 291/00645/2015), Principal Bench (OA 417/2014) and Bangalore Bench orders granting similar relief; matter disposed in accordance therewith provisionally subject to Delhi High Court outcome and applicants' undertaking for recovery if benefit reversed; compliance directed within two months.
Issues: (1) Entitlement to Grade Pay Rs.2400 over Rs.2000 for Junior Radiographers based on parity with similarly placed posts; (2) Binding nature of co-ordinate Benches' decisions; (3) Impact of pending High Court writ; (4) Limitation plea.
Ratio Decidendi: Judicial discipline mandates following CAT Benches' consistent rulings on pay parity unless stayed; identical qualifications/duties warrant 'equal pay for equal work'; relief granted provisionally pending superior court decision with recovery safeguard.
Result: OA allowed.
For the Appellants/Petitioners: A.A. Manwani
For the Respondents: Anita Bafna
| Table of Content |
|---|
| 1. applicants seek higher grade pay parity. (Para 1 , 2) |
| 2. recruitment rules govern pay scales. (Para 3) |
| 3. grant higher grade pay following precedent provisionally. (Para 4 , 5) |
ORDER
Per : ShriKrishna, Member (A)
The applicants 7 in number have filed this O.A. praying to quash and set aside the impugned order dated 20.04.2017 and seeking direction to the respondents to grant the applicants the revised Pay Band Rs.5200-20200 + Grade Pay of Rs.2400 along with arrears.
2. Brief facts of the case as stated by the applicants in the O.A. are that the applicants were appointed as Jr. Radiographer in the Hospital under the respondent Employees State Insurance Corporation (ESIC) in Mumbai. As per the Recruitment Rules, for technical posts, the qualification required is the Matriculation plus Diploma in the relevant field from the recognized Institution. It has been averred that in the revised pay scale, the pay band fixed for the employees of Group 'C' is Rs.5200-20200 plus Rs.2400 as Grade Pay with consequential benefits. The Laboratory Assistants, the Plaster Assistants and the present applicants who are working as Jr. Radiographers were recruited on the basis of the same rules, qualification through an advertisement in which all other terms and conditions of service are the same. Therefore, the Laboratory Assistants, Plaster Assistants, O.T. Assistants and Junior Radiographers are same in all respects and they may be treated at par with each other in respect of pay scale, pay band, promotional posts and grade pay also.
2.1. It has been submitted that the applicants have traditional parity with Laboratory Assistants, Plaster Assistants, Nurse D Grade, Auxiliary Nurse and midwife till 4th Central Pay Commission. However, the said disparity was widened while implementing 6th Central Pay Commission. The ESIC vide Memorandum dated 11.09.2008 has revised and fixed the Pay Band of Rs.5200-20200 with Grade Pay of Rs.2000 for Jr. Radiographers, Laboratory Assistants, OT Assistants, Plaster Assistants, however, Pay Band Rs.5200-20200 with Grade Pay of Rs.2400 was revised and fixed to Auxiliary Nurses/Midwife. Various Original Applications were filed before the Bench of Central Administrative Tribunal including Principal Bench by the Plaster Assistants and Laboratory Assistants working with ESIC challenging the said disparity in grade pay while implementing 6th Central Pay Commission recommendations. The Principal Bench of CAT directed the respondents to grant the pay scale of Rs.5200-20200 with Grade Pay of Rs.2400 with effect from the date of their joining in the year 2008 in the ESIC provisionally subject to final outcome of the pending Writ Petition before the Delhi High Court after taking proper undertaking regarding refunds of payments if made in case the judgment in Writ Petition is in favour of the ESIC as in one of the matter the ESIC has challenged the order of the Tribunal in O.A.No.3592/2014 in Writ Petition before the Delhi High Court.
2.2. It has been averred that the Laboratory Assistants while working with the Respondent No.5 Hospital at Andheri had also preferred an O.A.No.260/2015 before this Bench to grant revised Pay Band of Rs.5200-20200 plus Rs.2400 as Grade Pay on the basis of orders passed by Principal Bench vide order dated 05.05.2015. This Tribunal had directed the respondents to consider their representations in view of the order passed by the various Benches of this Tribunal.
2.3. It has been submitted that the Jr. Radiographers working in the Nehru Homeopathic Medical College and Hospital, Defence Colony, employees of CRPF (Medical Branch), Ministry of Home Affairs and employees of Department of Indo-Tibetan Border Police Force, who falls under the Ministry of Home Affairs of the Government of India are receiving revised pay scale of Rs.5200- 20200 plus Rs.2400 as grade pay. Further the service conditions and educational qualifications for the employees of the Department of Home Affairs who are working as
