J U D G M E N T

CHANDRA DHARI SINGH, J.

1. The instant writ petition under Article 226 of the Constitution of India is filed for issuance of writ of mandamus or any other appropriate writ to quash and set aside order dated 26th September 2011 and for directing the respondents to grant Pay Band-2 with Grade Pay of Rs.

4600, with effect from, 1st January 2006.

FACTUAL MATRIX

2. The petitioner joined as Lower Division Clerk with the Central Government in 1983 and was thereafter, promoted to the level of Upper Division Clerk. After being promoted to the level of Upper Division Clerk, he was promoted to the post of Assistant, which the petitioner is holding as on date with respondent No. l, on regular basis.

3. On 11th September 2006, a proposal was initiated by the respondent no.3 for upgradation of the pay-scale of the Assistants and Personal Assistants (hereinafter “PAs”) of Central Secretariat Service (hereinafter “CSS”) and Central Secretariat Stenographer Service (hereinafter “CSSS”) from the scale of Rs.5500-9000 to that of Rs. 6500-10500 in view of the desirability of parity with the pay-scale of Inspectors and other analogous posts in Central Board of Direct Taxes/Central Board of Excise and Customs (CBDT/CBEC). Thereafter, Sixth Central Pay Commission had recommended that the pre-revised scales of Rs.5000- 8000, Rs.5500-9000, Rs.6500-10500 be merged into a revised pay-band of Rs.9300-34800 with Grade Pay of Rs.4200 in pay band PB-II. The Department of Personnel and Training (hereinafter “DoPT”) further increased Grade Pay of Rs. 4200-4600 with respect to Stenographers Grade „C‟ working in CSSS and Assistants in CSS in terms of the Office Memorandum issued by the office of Department of Expenditure/respondent no.3 on 16th November 2009.

4. The DoPT issued two OMs. One was issued on 21st December 2009 granting the benefit of Grade Pay of Rs.4600 to the Assistants of CSS. The second was issued on 23rd December 2009 granting the benefit of Grade Pay of Rs.4600 to Stenographer Grade „C‟ (PA) in CSSS. These benefits were accorded w.e.f. 1st January 2006.

5. To claim the benefits, in pursuance of the proposal by the respondent no. 3 and the OMs issued by the DoPT, the Petitioner made a representation dated 5th January 2007 to respondent no. l seeking Pay Band-2 with Grade Pay of Rs. 4600. Subsequent representations were also made by the petitioner thereafter.

6. On 26th September 2011, respondent no.1 rejected the request for up-gradation of the pay scale from Rs. 5500-9000 to Rs. 6500-10500 and Grade Pay of Rs. 4600 of the petitioner, in light of the letter dated 18th July 2011 of DoPT that since, there has been no direct recruitment through Competitive Examination in the TDSAT to the post of Assistant and the posts are being filled on deputation basis, therefore, the Assistants of TDSAT are not at par with the Assistants of CSS and CSSS.

7. The petitioner is aggrieved by the fact that the respondents denied him the benefit of increased Grade Pay from Rs. 4200 to Rs.4600 which was accorded by the Respondent No.3 to the Assistants and Stenographer Grade „C‟ of CSS/CSSS w.e.f 1st January 2006. Hence, the instant petition has been filed by the petitioner seeking the setting aside of order dated 26th September 2011 and for directing the respondents to grant the upgraded pay-scale and Grade Pay.

SUBMISSIONS

8. Mr. Meet Malhotra, learned senior advocate appearing on behalf of petitioner submitted that the OM issued by the DoPT provided for upgradation of pay scale from Rs. 5500-9000 to Rs. 6500-10500 for Assistants of CSS and Stenographers Grade „C‟ (PA) of CSSS from 15th September, 2006. Thereafter, on 14th November, 2006, the DoPT issued an OM clarifying therein that the pre-revised pay scale of Rs. 6500- 10500, that is, Rs. 5500-9000 shall be applicable to Stenographer Grade „D‟ of CSSS and Upper Divisional Clerks of Central Secretariat Clerical Service who had been granted the ACP in the pay-scale of Rs. 5500- 9000. Moreover, respondent no.