Where the government formally recognizes that educational qualifications, nature of duties, and responsibilities for specific internal service positions are equivalent to those in a central secretariat service, employees are entitled to receive salary parity as dictated by administrative office memoranda.

JUDGMENT: (per the Hon’ble, the Chief Justice)

By this petition, the petitioners have impugned the order dated 21st March, 2023 passed by the Central Administrative Tribunal, Guwahati Bench in O.A. No. 043/00215/2017, by which the Tribunal set aside the fresh speaking order dated 19th December, 2016 passed by the Directorate General Assam Rifles, Shillong. The Administrative Tribunal vide the impugned order dated 21st March, 2023, held that the respondents were entitled to the upgraded pay scales and as such, directed the petitioners herein, to pass necessary order after verifying individual cases, as the respondents were on different posts and had joined service on different dates, and to make payments from the respective dates of entitlement, within six months from the date of receipt of the order.

2. The factual matrix of the case in brief is as under:

The core issue in the petition is a service dispute between the Directorate General of Assam Rifles and a group of its Hindi Translators and officers. According to the respondents, they are entitled to pay parity with their counterparts serving in the Central Secretariat Official Language Service (hereinafter referred to, for the sake of brevity as ‘CSOLS’).

The dispute dates back to 2010, when the respondent filed O.A. No. 295 of 2010 before the Central Administrative Tribunal (hereinafter referred to as ‘CAT’), Guwahati Bench alleging that although their duties were similar to those performed by CSOLS Translators, their pay scale was significantly lower. Relying on the Ministry of Finance Office Memorandum (OM) dated 27th November, 2008, the respondents herein, sought revised and upgraded pay scale. In 2011, the Tribunal i.e., CAT allowed the respondents’ claim, however, this triggered multiple rounds of litigation, including review petitions, fresh speaking orders and writ petitions before the Gauhati and the Meghalaya High Courts. The Writ Petition, being WP(C) No. 226 of 2012 filed by the respondents before the Gauhati High Court was disposed of vide judgment and order dated 1st April, 2014, directing the Ministry of Home Affairs to take appropriate decision in the matter in consultation with the Government of India (Finance Department). Pursuant thereto, the Ministry of Home Affairs and Ministry of Finance examined the matter and laid down their observations vide U.O. Note No. 19(7) E.III(B)/2014 dated 30th June, 2014. Accordingly, The Directorate General of Assam Rifles issued speaking orders dated 17th July, 2014 refusing pay parity, based on the said note. The speaking order emphasised that the cadre structure, recruitment rules, promotional hierarchy, and pre-revised pay scales of Assam Rifles were significantly different from those of CSOLS.

The respondents however, continued to pursue their claim by filing successive original applications (O.A. No. 379 of 2014 and O.A. No. 215 of 2017). The Tribunal i.e., CAT, Guwahati Bench quashed the speaking order dated 17th April, 2014 vide judgment and order dated 30th May, 2016 and held that the respondents were entitled to upgraded pay scales. The Tribunal accordingly directed the Ministry of Home Affairs to issue a fresh speaking order in the matter. Pursuant thereto, a fresh speaking order dated 19th December, 2016 was issued by the Ministry of Home Affairs. The respondents challenged the said speaking order before the CAT, Guwahati Bench. The Tribunal again vide judgment and order dated 15th March, 2019 directed that the respondents be granted pay parity as sought by them and as ordered by the Tribunal in O.A. No. 295 of 201