The court held that without specific recommendations for pay scale upgrades from the Vth Pay Commission, the claim for enhanced pay scales by the applicants is unjustified.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (Administrative):

Shri A.K. Dave, learned counsel for the applicants and Shri Praveen Shukla, learned counsel for the respondents are present.

2. By means of this OA, the applicants have sought the following reliefs :

“(i) To quash and set aside the impugned order dated 13/04/2009 (Annexure No. A-I) and order dated 07.05.2009 (Annexure No. A-2).

(ii) To direct the respondents to grant those who are working as Senior Technical Assistant, Senior Research Assistant and Research Assistant (Selection Grade) the grade of Rs. 6500-10,500/-w.e.f. 01.01.1996.

(iii) To direct the respondents to grant those who are working as Research Assistant and Technical Assistant, the scale of Rs. 5500-9000/- w.e.f. 01.01.1996 as has been provided to similar situated person of other departments in pursuance of recommendation of Vth Pay Commission.

(iv) To revise the pension of the applicant nos. 14 and 15 after fixation of their pay as per the Vth Pay Commission Report and pay their arrears.

(v) To pay all the consequential benefits including arrears of salary with interest to the applicants.

(vi To pass any other and further orders as the Hon'ble Tribunal may deem fit and proper in the circumstances of the case.

(vii) To award cost of petition/application.’’

3. The brief facts narrated by the applicants are that the applicants belong to various identical categories of Senior Technical Assistant, Senior Research Assistant, Research Assistant (Selection Grade), Technical Assistant and Research Assistant in the National Sugar Institute, Kanpur governed by service conditions of employees in the Ministry of Food & Consumer Affairs. The service condition of Class II post of National Sugar Institute, Kanpur is governed under National Sugar Institute, Kanpur (Class III Posts) Rules, 1958 and in respect of Technical Assistant separate rules were framed under Article 309 under the title of National Sugar Institute (Technical Assistant) Rules, 1982 and service of SRA/RA (Selection Grade) & STA is governed by National Sugar Institute, Kanpur (Class I and Class II post) Recruitment Rules, 1964 as amended from time to time. The Vth Central Pay Commission has considered the pay scale and service conditions of the above applicants in para 51.34 of Vol. I of Vth Pay Commission Report. Para 67.10 at page 1106 Vol.2 of the Pay Commission Report will apply to other posts in the institute. In the case of applicants the pre-revised pay scale of Rs.1400-2300/- has been replaced by the pay scale of Rs.5000-8000/- instead of Rs.5500-9000/- and the applicants who were pre-revised grade of Rs.1640-2900/- are given the pay scale of Rs.5500-9000/- instead of Rs.6500-10500/-. The applicants have given representation demanding the equal pay for equal work under the provisions of Article 14 of the Constitution of India . Director of Institute (Respondent No.3) have found merit in the representation of the applicants and have recommended the same. Senior Technical Assistant/ Senior Research Assistant/Research Assistant (Selection Grade) are in the feeder cadre to the post of Junior Technical Officer, Scientific Officer/Assistant Engineer in the pay scale of Rs.8000- 13500/- as such by providing upgraded pay scale to applicants should be Rs.6500-10500/- and the same will not disturb the hierarchy. Similarly Technical Assistant/Research Assistant are feeder cadre to the post of Senior Technical Assistant/ Senior Research Assistant/Research Assistant (Selection Grade) and by providing the upgraded pay of Rs.5500-9000/- will not disturb the hierarchy. Vth Pay Commission has recommended higher pay scale to similarly place