W.P.(C) 7497/2012

Page 1 of 41

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 2^nd June, 2022

Pronounced on: 12^th July, 2022

+

W.P.(C) 7497/2012

RAJESH PANT

..... Petitioner

Through:

Mr. Meet Malhotra, Sr. Advocate

with Mr. Diggaj Pathak, Mr. Ravi

S.S. Chauhan, Ms. Pallak Singh,

Ms. Shweta Sharma and Ms.

Prachi Kohli, Advocates

versus

TELECOM DISPUTES SETTLEMENT AND

APPELLATE TRIBUNAL & ORS

..... Respondents

Through:

Mr. Sharath Sampath, Advocate

for R-1

Mr. Ruchir Mishra, Mr. Sanjiv K.

Saxena, Mr. Mukesh K. Tiwari and

Mr. Ramneek Mishra, Advocates

for R-2 and 3

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

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 15^th May 2012 and for directing

the respondents to grant pay band-2 with Grade Pay of Rs. 4600, with

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002546

W.P.(C) 7497/2012

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effect from, 8^th August 2008, that is the date of promotion of the

petitioner as an assistant.

FACTUAL MATRIX

2.

The petitioner was relieved from his post of Upper Division Clerk

(hereinafter “UDC”) at the Central Administrative Tribunal (hereinafter

“CAT”) (PB) New Delhi and joined the respondent no.1/Telecom

Disputes Settlement and Appellate Tribunal (hereinafter “TDSAT”) as

UDC on deputation basis in the pay scale of Rs. 4000-6000 and was

absorbed in the post on 31^st May 2004. On 8^th August 2008, the petitioner

was promoted to the post of Assistant which he currently holds, in the pay

scale of Rs. 5500-9000.

3.

On 11^th 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

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002546

W.P.(C) 7497/2012

Page 3 of 41

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 16^th November 2009.

4.

The DoPT issued two OMs. One was issued on 21^st December

2009 granting the benefit of Grade Pay of Rs.4600 to the Assistants of

CSS. The second was issued on 23^rd 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. 1^st 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 7^th May 2012 to respondent no. l seeking Pay Band-2

with Grade Pay of Rs. 4600.

6.

On 15^th May 2012, 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 18^th

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