The application for pay parity and enhanced grade pay was dismissed as withdrawn by the applicants' counsel to allow for the filing of a fresh application with better particulars after it was noted that several applicants were ineligible for service at the time of appointment.

PER: HON’BLE DR. LATA BASWARAJ PATNE, JUDICIAL MEMBER

1.By this Original Application, the applicants are seeking the following relief:

“...to direct the respondent’s herein to grant Grade Pay of Rs.2400/- (Pay level-4) to Fireman/Fire Operator (Presently in Grade Pay 1900/- i.e., level-2) and Grade Pay of Rs.2800/- (Pay Level-5) to the post of Leading Fireman (Presently in Grade Pay 2000/- i.e., level-3) w.e.f. 01.01.2006 and with all the consequential benefits as per the order’s of Principal Bench of CAT, New Delhi order dated 26.10..2016 in OA No.2380/2010, and order dated 20.12.2022 in OA No.315/2022, and the order dated 30.04.2019 of Hon’ble High Court of Delhi in Writ Petition No.WP(C) 3373/2019, in addition with the support of DOP&T recommendations of 7^th CPC with regard Fire Fighting Staff and pass such order or orders as deemed fit and proper in the interest of justice.”

2. Applicants have submitted that they are presently working as Fireman/Fire Operator (Grade Pay of Rs.1900, L-2) and as Leading Fireman (Grade Pay Rs.2000, L-3) under the 4^th Respondent organisation. It is submitted that the 7^th Pay Commission has analysed the demand of the Fire Fighting Staff relating to enhancement of pay scales. The Commission has recommended, vide para 7.7.24, for drafting of model recruitment rules for a unified and standard hierarchical structure/pattern for the Fire Fighting Staff of all Central Govt. departments and UTs with similar designation as there is variation in hierarchical structure of the Fire Fighting Staff in different organizations. Accordingly, DoP&T has decided to keep the Recruitment Rules (RRs) of the Delhi Fire Service as a base for preparation of the model RRs. On examination of RRs provided by Delhi Fire Service, DoP&T observed that there is a dissimilarity in pay scales, designations, educational qualification for the purpose of Direct Recruitment despite the fact that nature of duties of Fire Fighting Staff are similar irrespective of the organisation. Besides this, DoP&T has also received representations from the Delhi Fire Service Employees Welfare Association, requesting to extend the enhanced Grade Pay of Rs.2400/- to Fireman/Fire Operator (Grade Pay of Rs.1900, L-2) and Grade Pay of Rs.2800/- to the post of Leading Fireman w.e.f. 01.01.2016, as per the order, dt.30.04.2019, passed by the Principal Bench of this Tribunal in OA.No.2380/2010 and the order, dt.30.04.2019, of the Hon’ble High Court of Delhi in Writ Petition No.WP(C) No.3373/2019. Similarly, the applicants are also entitled for the same with all consequential benefits as they are similarly situated to that of Delhi Fire Service employees. Applicants contend that not granting them the enhanced Grade Pay is illegal, arbitrary and violation of Articles 14 and 21 of the Constitution of India. Hence, the OA.

3. On notice, the respondents have filed their reply statement and opposed the relief on the ground that the applicants are not entitled the relief as prayed for as they have accepted their appointment following the conditions under the notification as per the Recruitment Rules (RRs). It is further contended that all the Govt. employees are recruited through their Department Recruitment Rules. Pay and other conditions are regulated as per RRs of the post in which the Govt. employees are recruited. The hierarchical structure of the Fire Fighting Staff in different organisations varies. Fire Fighting Staff of Indian Navy cannot be compared with Delhi Fire Services with respect to work load. Hence, Equal Pay for Equal Work principle cannot be implemented in the matter of present applicants. When they accepted the Recruitment Rules, they cannot question and claim pay parity subsequently.

4. Heard learned counsels for both the parties.

5. When we took up the matter for consideration, we noticed that some of the applicants viz., Applicant Nos.6, 10, 11, 12, 13, 18, 27, 29, 30, 35, 36, 39, 46, 47, 50, 53 & 56 are not even eligible to enter into the serv