W.P.(C) 5022/2008 Page 1 of 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(C) 5022/2008

KAMAL NARAYAN ARYA & ORS ..... Petitioners

Through:

Mr. M.K. Gaur, Mr. Anoop

Kumar and Mr. U. Srivastava,

Advocates.

versus

UOI & ORS

..... Respondents

Through:

Mr. Ajay Digpaul, CGSC with

Mr. Kamal R. Digpaul and Ms.

Swati Kwatra, Advocates for

UOI. (M:9811157265)

Ms.

Archana

Gaur,

Ms.

Ridhima Gaur, Advocates for

R-3

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA

J U D G M E N T

03.07.2023

MINI PUSHKARNA, J.

1.

The present writ petition has been filed with prayer for quashing

and setting aside the order dated 18.12.2002 issued by the Ministry of

Social Justice and Empowerment, Government of India. By way of the

said order dated 18.12.2002, it was conveyed to the respondent no. 3

Institute, wherein the petitioners are working, that the revised pay

scale shall be granted in terms of recommendations of 5^th Central Pay

Commission (CPC) pursuant to recommendations of the Anomalies

Committee with effect from 18.12.2002 when the order was issued by

the Ministry, instead of 01.01.1996, when recommendations of 5^th

Digitally Signed By:CHARU

CHAUDHARY

Signing Date:04.07.2023

14:55:56

Signature Not Verified

W.P.(C) 5022/2008 Page 2 of 13

CPC were applicable to the employees of the Central Government.

2.

By way of the present petition, it is prayed that directions be

issued to the respondents to grant revised pay scale to the petitioners

in terms of recommendations of the Anomalies Committee with effect

from 01.01.1996, i.e. the date recommended by the Anomalies

Committee, which is also the actual date of the implementation of the

5^th CPC in other departments of the Government of India.

3.

The

petitioners

are

holding

posts

of

Physiotherapists/Occupational Therapists and are working in the

respondent no. 3/Institute.

4.

The petitioner no. 1 was appointed with the respondent no. 3 as

a Physiotherapist in the pay scale of Rs. 4500-7000/- in August, 1998.

Thereafter, petitioner no. 1 was promoted in November 2000 as

Demonstrator Physiotherapist in the pay scale of Rs. 5500-9000/-.

Subsequently, petitioner no. 1 worked as senior Physiotherapist in the

pay scale of Rs. 6500-10,500/- from March 2005.

5.

Petitioner no. 2 was appointed with the respondent no. 3 as

Occupational Therapist in the pay scale of Rs. 4500-7000/- in April

2000. Thereafter, petitioner no. 2 was selected to the post of

Demonstrator (Occupational Therapist) by direct recruitment in the

pay scale of Rs. 5500-9000/- from April 2005.

6.

Petitioner no. 3 was appointed with the respondent no. 3 as a

Physiotherapist in the pay scale of Rs. 4500-7000/- in June 1998.

Thereafter, petitioner no. 3 was promoted on ad-hoc basis to the post

of Demonstrator (Physiotherapist) in February 2002. Subsequently,

petitioner no. 3 was appointed as senior Physiotherapist through direct

Digitally Signed By:CHARU

CHAUDHARY

Signing Date:04.07.2023

14:55:56

Signature Not Verified

W.P.(C) 5022/2008 Page 3 of 13

recruitment in the pay scale of Rs. 6500-10,500/- from April 2005.

7.

It is the case on behalf of petitioners that recommendations of

5^th CPC came into effect from 01.01.1996. By 5^th CPC, the existing

pay scale of the post of Physiotherapist and Occupational Therapist

was revised from Rs. 1400-2300/- to Rs. 4500-7000/-. However, in the

other Departments/Institutions of the Union of India, the existing pay

scale of Rs. 1400-2300/- of Physiotherapist and Occupational

Therapist were revised as Rs. 5500-9000/-.

8.

The petitioners were aggrieved by the fact that the pay scale of

Rs. 1400-