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 appropriate writ to quash and set aside order dated 27th August 2012 and for directing the respondents to grant benefit of upgraded pay scale of Rs.6500-10500 with consequential benefits and arrears thereof to the petitioner.

FACTUAL MATRIX

2. In April 1998, the petitioner herein, qualified the All India Competitive Exam of the year 1996 conducted by the Staff Selection Commission and was inducted into government service as Stenographer Grade „D‟. The petitioner joined the Indian Coast Guard at New Delhi. Respondent no.3/Department of Telecommunications, vide letter bearing No.10-16/2000-Restg. dated 4th September 2000 conveyed that 16 categories of temporary posts in Respondent No.1/Telecom Disputes Settlement and Appellate Tribunal were created with a sanction of competent authority. Out of the 16 categories of temporary posts, 3 posts of Stenographer Grade „C‟ in the pay-scale of Rs.5500-175-9000 were created. All the posts were to be filled up by Respondent No. 1 on deputation basis from persons holding analogous posts in that pay-scale or from persons eligible to be promoted in that pay-scale.

3. The respondent no.3 vide Order bearing no.10-16/2000-Restg, dated 7th November 2000, conveyed the sanction of the President for creation of 6 categories of temporary posts in respondent no. 1, including 2 posts of Assistants in Central Secretariat Service (hereinafter “CSS”) in the pay-scale of Rs.5500-9000. All the posts were to be filled up by the respondent no. l on deputation basis from persons holding analogous posts in that pay-scale or from persons eligible to be promoted in that pay-scale. On 8th November 2000/30th November 2000, Ministry of Communications issued a Circular bearing no. A-22013/11/2000-Admn.II for filling up of temporary posts in respondent no. 1. Vide aforesaid circular, it was proposed to fill up the temporary posts in Respondent No. 1 from amongst the officials/officers from all the Ministries/Departments of the Government of India on deputation basis, which included 3 posts of Stenographer Grade 'C‟ in the pay-scale of Rs.5500-9000 and 2 posts of Stenographer Grade 'D' in the pay-scale of Rs.4000-6000.

4. Respondent No.3 issued a Notification bearing G.S.R.575(E) dated 2nd August 2001, making the Telecom Disputes Settlement and Appellate Tribunal (Salary, Allowances and other Conditions of Service of the Officers and Employees) Rules, 2001.

5. Thereafter, on 5th June 2003, the Respondent No.3 made the Telecom Disputes Settlement and Appellate Tribunal Group 'C and Group 'D' Posts Recruitment Rules, 2003, wherein number of posts, classification and scale of pay have been specified in the Schedule attached thereto. The classification of posts of Stenographer Grade 'D' is General Central Service Group „C‟ Non-Gazetted - Ministerial' having a pay scale of Rs. 4000-100-6000 and are required to be filled up by direct recruitment. Stenographer Grade 'D' is the feeder post for promotion to the post of Stenographer Grade 'C‟, for which recruitment rules are yet to be finalized. The post of Stenographer Grade 'D' is equivalent to the post of Stenographer Grade 'D' in Central Secretariat Stenographer Service (hereinafter “CSSS”) in terms of its nomenclature as well as scale of pay and classification.

6. Respondent No.1 advertised for filling up the temporary posts and in pursuance of the said advertisement, the Petitioner applied and joined Respondent No.1 on deputation basis as Stenographer Grade 'C in the year 2005. The services of the Petitioner were subsequently regularized in Respondent No. 1 as Stenographer Grade „C‟ by an Office Memorandum bearing No.3/27/2005-Admn./2303 dated 17th September 2007 issued by the respondent no. l on his permanent absorption w.e.f. 14th September 2007. On 11th September 2006, a proposal was initiated by the respondent no.4 for upgradation of th