Disparity in pay scales violates Article 14, mandating equal pay for similar roles in military and civilian sectors.

ORDER

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

The applicants who are retired employees of Military Engineer Services (MES) under the Ministry of Defence are aggrieved by disparity in pay fixation in respect of Assistants/Steno Grade 'C' in the lower formations with that of Assistants/Steno Grade 'C' in the CSS. It is submitted that the Assistants/Steno Grade 'C' in CSS were granted pay scale of Rs.5500-9000 as recommended by the 5^th Pay Commission and accepted by the Government whereas the employees working in the lower formations like MES were granted only Rs.5000-8000 scale.

2. Brief facts of the case are – all the applicants joined the service of MES as LDC on different dates. Applicant Nos.1, 2, 6, 7, 8, 9, 10, 13, 14, 15, 16 & 17 were promoted as UDC and consequent on implementation of the ACP Scheme issued by Government of India dated 09.08.1999 they were granted 2^nd ACP and placed in the pay scale of Rs.5000-8000. The remaining applicant Nos.3, 4, 5, 11, 12 & 18 were granted 1^st ACP and 2^nd ACP consequent on implementation of the ACP Scheme issued by Government of India dated 09.08.1999. Thereafter some of the them were further promoted as Assistant/Office Superintendent/Administrative Officer – II without any financial benefits and subsequently retired from service on attaining the age of superannuation.

3. It is submitted that the applicants and other similar employees of lower formations of Ministry of Defence had approached the respondents claiming parity of pay with the Assistants/Stenographers in CSS. However, it has been denied to them stating that those who are working as Assistants in the organisation outside the Secretariat are not eligible to get pay scale of Rs.5500-9000 with effect from 01.01.1996. Challenging the discrepancy, All India Naval Clerks Association filed O.A.No.314/2010 which was allowed vide order dated 21.10.2011 declaring that the applicants are to be treated alike and directed pay parity. A copy of the order in O.A.No.314/2010 is produced as Annexure A-1. The order of the Tribunal was challenged by the department by filing O.P.(CAT) No.1597/2012 before the Hon'ble High Court of Kerala which vide judgment dated 08.08.2019 quashed the Tribunal's order. The applicants in O.A.No.314/2010 along with Assistants in lower formations took up the matter before the Hon'ble Supreme Court by filing SLP No.29204/2019. The Hon'ble Supreme Court vide judgment dated 27.07.2022 while upholding the order of the Tribunal dated 21.10.2011 declared that denial of similar pay scale to the appellants/Assistants in lower formation in the Indian Navy with that of the Assistants in CSS would be discriminatory and violative of Article 14 of the Constitution of India. A copy of the order of the Hon'ble Supreme Court is produced as Annexure A-2. Consequent to declaration of law by the Hon'ble Supreme Court the applicants submitted individual representations seeking extension of benefits of the said judgment to them. Annexure A-3 to Annexure A-20 are the copies of the representations submitted by them. The same has not been responded to, it is contended.

4. The reliefs sought by the applicants in the O.A are as follows -

1. To issue an order directing the respondents to grant pay scale of Rs.5500-9000 to the applicants from the respective dates on which they were placed in pay scale Rs.5000-8000 and to grant consequential benefits and arrears of pay.

2. To issue an order declaring that the applicants are entitled to get pay parity with Assistants/Stenos of CSS as has been held by the Supreme Court in Annexure A-2.

3. To grant such other reliefs as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

4. To grant the cost of this Original Application.

5. In this matter t