The judiciary should not interfere in the fixation of pay scales or grant pay parity solely based on designation similarity, as these are complex executive functions to be resolved by Pay Commissions and Anomaly Committees rather than through judicial adjudication.

ORDER

By Dr. Chhabilendra Roul, Member (A)

The present OA has been filed by the applicants, 8 in number, under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“1. To call for the records and quash the Order dt. 8.9.2014 and direct the respondents to grant to the applicants the higher pay scale of Rs. 9300-34800+4200 GP w.e.f. 1.1.2006 along with arrears.

2. To award cost in favor of the applicants and

3. To pass any other order or orders, which this Hon'ble Tribunal may deem just & equitable in the facts & circumstances of the case.”

2. Factual Matrix

2.1 The applicants were initially appointed as Head Constable (Store Clerk) and subsequently promoted to the rank of ASI/SI (Storeman-Technical). Before the 5th Central Pay Commission (CPC) recommendations, the applicants in the cadre of HC (Storeman) were drawing pay scale of Rs.1400-2300/-. After the recommendations of the 5th CPC, as accepted by the Government, the pay scales of ASIs were revised to Rs.4500-7000, whereas similarly placed employees in other departments of Govt. of India and in other Paramilitary Forces were revised to Rs.5000-8000/-. This is the beginning of the alleged grievances of the category of employees to which the present applicants belong.

2.2 The Deputy Commissioner of Police (Communications) requested the Delhi Police Headquarters vide recommendations dated 18.11.1997 (Annexure-A2) to take up the matter with Government of India to bring parity of these employees at par with similarly placed employees in other departments of Government of India and other Paramilitary Forces but the matter remained unresolved.

2.3 The 6th CPC recommended higher grade pay for the Storemen -Technical in other departments but the pay scales of the applicants were notified at a lower stage of Rs.5200-20200 +Grade Pay of Rs.2800 as replacement pay scale for existing pay scale of Rs.4500-7000, whereas the pay scale of similarly designated employees in other departments and in other Paramilitary Forces were upgraded to Rs.9300-34800+ Grade Pay of Rs.4200/-.

2.4 The present applicants submitted representations to the respondents to grant them enhanced pay scales of Rs.9300-34000+GP 4200. The Respondents did not decide their representations in any favourable manner. Being aggrieved, the applicants filed OA No. 3903/2012 demanding such pay scales from 01.01.2006. This Tribunal vide order dated 08.09.2014 directed the respondents to take final decision regarding the demand/grievances of the applicants thereof. The respondents vide order dated 08.09.2014 (Annexure-A1) rejected the claim of the applicants. Being aggrieved, they have filed the present OA seeking aforementioned relief.

3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed his rejoinder.

4. Submission by Learned Counsel for the Applicants

4.1 The learned counsel for the applicants submitted that the employees of the Delhi Police are Central Government employees and the pay scales of ASI (Store keeper) in other Ministries/Departments/Paramilitary Forces have been upgraded to Rs.9300-34000+GP 4200. The applicants also deserve to be treated at par with them and their pay scales should have been upgraded accordingly w.e.f. 01.01.2006.

4.2 The Delhi Police starting with their letter dated 18.11.1997 are consistently recommending the upgraded pay scales at par with similarly designated employees in other Ministries/Departments/Paramilitary Forces. There is persistent anomaly in respect of the pay scales of the applicants.

4.3 The applicants are performing the same duties and shouldering the same responsibilities as th