Discrimination in pay scale violates principles of equality and parity among similarly situated employees in government service.

ORDER

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER

Having heard both sides in extenso, the following order is passed –

The applicants had joined the Military Engineer Service (MES) as Stenographers in the grade of Upper Division Clerk (UDC). Subsequently, they were promoted as Assistants, Office Superintendents and later as Administrative Officers Grade II on different dates as specified below -

2. At the time of filing of the O.A., the 1^st and 2^nd applicants were working as Administrative Officer Grade – I and the 3^rd to 5^th applicants have already retired from service after their tenure as Administrative Office Grade – II on superannuation. It is submitted that right from the implementation of CDS (RP) Rules, 2008 in September 2008 they are claiming the revised salary as per the rules, which is finally rejected vide Annexure A-9 dated 04.07.2018 stating that they have never approached the Tribunal for upgradation of the Grade Pay from Rs.4600/- to Rs.4800/- and Rs.5400/- after completion of 4 years of service.

3. The applicants have filed this O.A aggrieved by nonfeasance on the part of the respondents in not fixing their pay in PB-2 with Grade Pay of Rs.4800/- on promotion to the post of Administrative Officer Grade II and with the Grade Pay of Rs.5400/- in PB-3 on completion of 4 years service in the grade of Administrative Officer II in accordance with clause I(1) of Section II Part B of Civilians in Defence Services (Revised Pay) Rules, 2008, identical to that of office staff in the Secretariat. It is submitted that non Secretariat organisations such as Central Information Commission, Planning Commission, Central Reserve Police Force, Central Election Commission and Central Administrative Tribunal had considered to provide for higher pay scale without the intervention of the Court.

4. From the Annexure A-1 order promoting the applicants to the grade of Administrative Officer II, it can be seen that before the promotion all the applicants were working in the grade of Office Superintendent (Assistant) in the Ministerial cadre of MES and all were granted the Grade Pay of Rs.4600/- in PB-2 either under the ACP or MACP Schemes before their functional promotion as Administrative Officer II. On their functional promotion as Administrative Officer II they were granted the same Grade Pay with the benefit of pay fixation. It is submitted that the applicants are working in the organizations outside the Secretariat Service which are commonly known as lower formations. Even before the 5^th CPC the office staff in the Secretariat Services and working in organizations outside the Secretariat Services are equivalent. The same pattern is followed by the 6^th CPC and it was adopted and accepted in the CCS (RP) Rules, 2008 and the CDS (RP) Rules, 2008. The Ministerial cadre of MES consists of Stenos, Assistant, Office Superintendent and Administrative Officer II. The Ministry of Defence by their order No.24(2)/2009/D(W-II) dated 12.02.2009 merged the grade of Office Superintendent and Assistant into the unified grade of Office Superintendent. By different judicial decisions Assistants in the Secretariat and lower formations were equated and they were granted the same scale of pay. Further the post of Office Superintendent is the next higher grade of Assistants both in Central Secretariat Service a