The Tribunal must exercise judicial restraint in administrative pay parity disputes, focusing instead on the differentiation rationale provided by authorities.

ORDER

By Dr. Chhabilendra Roul, Member (A)

The applicants, 38 in number, have filed the present OA under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“(a) Quash and set aside the impugned order dated 28.11.2017 (Annexure A-1).

(b) Direct the respondents to grant the applicants the same benefits of Pay Matrix 7 as that of the DFOs of RAW with all consequential benefits of arrears and interest thereon w.e.f. 01.01.2016 or from the date they became DFO, whichever is later.

(c) Any other relief as may be deemed fit under the facts and circumstances of the case.”

2. Factual Matrix

2.1 The present applicants are holding the civil posts of Deputy Field Officers (Tele) (DFO/Tele) in the Sashastra Seema Bal (SSB) on or after 01.01.2016. Originally, the SSB along with Research and Analysis Wing (RAW), Aviation Research Centre (ARC) and Special Frontier Force (SFF) were under the administrative control of Cabinet Secretariat till 2001. In the year 2001, the administrative control of SSB was shifted from Cabinet Secretariat to Ministry of Home Affairs. Prior to the change in the administrative control of SSB from Cabinet Secretariat to Ministry of Home Affairs in all the aforementioned organizations, the posts like Field Assistants (FA), Senior Field Assistants (SFA), Assistant Field Officers (AFO), Deputy Field Officers (DFO) and Field Officers (FO) were common. Their pay scales for similarly designated employees were the same irrespective of the one Sub-Unit within the Cabinet Secretariat particularly, the aforementioned Sub-Organizations.

2.2 On the basis of 6th CPC recommendations which were effective from 01.01.2006, the Central Civil Services (Revised Pay) Rules, 2008 notified the Pay Band/Grade Pay prescribed for the posts of FA, SFA, AFO, DFO, FO and SOs of the Cabinet Secretariat in the following manner:

However, later Central Civil Services (Revised Pay) Rules, 2008 were amended and the said officers were given revised pay scales in the following manner:

2.3 However, the similarly designated officials, who were working in SSB, were not given the enhanced pay scales as given to the sub units who remained with the Cabinet Secretariat after 2001. Various categories of officials belonging to FAs, SFAs, AFOs, FOs, SOs and Circle Organizers (COs) of SSB approached this Tribunal in the following OAs as their pay scales were at par with the similarly designated officers in the various sub-units still working under the Cabinet Secretariat:

2.4 The respondents vide order dated 13.04.2017 revised the pay of the DFOs of Cabinet Secretariat and granted pay level-7 w.e.f. 1.1.2016 with Grade Pay of Rs.4600/-, whereas the Grade Pay of the DFOs working in SSB was retained at Rs.4200. The applicants made a representation to enhance their Grade Pay at par with DFOs who were the Sub-Unit of Cabinet Secretariat, i.e. RAW (Annexure A-8). The respondents vide impugned order dated 28.11.2017 rejected the representation of the applicants. Being aggrieved, the applicants have filed the present OA seeking the aforementioned relief.

3. Pursuant to the notices issued by the Tribunal, the respondents entered appearance and filed their counter reply to which the applicant has also filed his rejoinder.

4. Submissions by Learned Counsel for the Applicants

4.1 The learned counsel for the applicants states that there has always been a historical parity between DFOs and similar designated officers in RAW and SSB. This parity was there since beginning when all the sub units were under the Cabinet Secretariat. He further states that the nature of job and responsibility of the present applicants or the DFOs are the same in SSB as well a