Central Administrative Tribunal - Delhi
Rattan Chand Kaushal vs State Of Nct Of Delhi on 26 February, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI OA NO.2594/2011 OA NO.2595/2011 MA NO.1828/2011 OA NO.2587/2011 MA NO.1826/2011 NEW DELHI THIS THE 26TH DAY OF MARCH, 2012 HONBLE MR. GEORGE PARACKEN, MEMBER (J) HONBLE MR. SUDHIR KUMAR, MEMBER (A) OA No.2594/2011 1. Rattan Chand Kaushal S/o Shri F.C. Kaushal R/o 81, DDA Flats, Nimri Colony, Ashok Vihar Phase-IV, Delhi. 2. G.C. Pandey, S/o Late Shri Hari Dutt Pandey, R/o 34-D, Pocket B, Mayur Vihar Phase-II, Delhi. 3. Mulkh Raj S/o Shri Roshan Lal Sharma R/o F-3, Gali No.80, Mahbir Enclave Phase-III, Uttam Nagar, New Delhi. 4. Jagdish Kumar Sharma S/o Late Shri Hira Lal Sharma R/o E-5, Mirdard Lane, MAMC, New Delhi. 5. Surender Kumar Bansal S/o Late Shri Suraj Mal R/o C-7, Type-III, Mirdard Lane, MAMC, New Delhi. 6. Anand Prakash S/o Shri Darshan Lal R/o C-3/172, Brij Puri, Wazirabad Road, Delhi. 7. Nobat Singh S/o Shri Prasadi Lal, R/o US-262, Mandawali Fazalpur, Delhi. 8. Ved Prakash S/o Shri C.R. Sharma R/o D-II/114, Kanwar Singh Nagar, New Delhi. 9. Sukhbir Singh S/o Prabhu Dayal R/o V & P.O Daultabad District Gurgaon (HARYANA). 10. Tek Chand S/o Late Shri Khachera R/o 262/96, Type II, Mirdald Lane, MAMC, New Delhi. Applicants (By Advocate: Shri R.K. Sherawat) VERSUS 1. State of NCT of Delhi Through its Chief Secretary, Secretariat, Players Building Indraprastha Estate, New Delhi. 2. Additional Secretary (Health) Department of Health & Family Welfare Technical Recruitment Cell Level 9, Wing A, Delhi Secretariat Secretariat Players Building Indraprastha Estate, New Delhi. 3. Ms. Veena Chaudhary Director Lok Nayak Jai Prakash Hospital New Delhi. Respondents (By Advocate: Shri Vijay Pandita) OA No.2595/2011 1. Jaggi S/o Shri Sukhbir R/o 396-A, Chirag Delhi New Delhi. 2. Dharambir Bhardwaj S/o Pandit Hari Singh R/o Village Neelwali, P.O. Tikri Kalan, New Delhi 3. Vijender Kumar S/o Shri Manohar Lal R/o WZ-234, Palam Village, New Delhi. 4. Daleep Singh S/o Amilal R/o H. No.30, New Rosanpura Najafgarh, New Delhi. Applicants (By Advocate: Shri R.K. Sherawat) VERSUS 1. State of NCT of Delhi Through its Chief Secretary, Secretariat, Players Building Indraprastha Estate, New Delhi. 2. B.R. Tamta Additional Secretary (Health) Department of Health & Family Welfare Technical Recruitment Cell Level 9, Wing A, Delhi Secretariat Secretariat Players Building Indraprastha Estate, New Delhi. 3. Shri Jilendar Singh Medical Superintendent Deen Dayal Upadhyay Hospital New Delhi. Respondents (By Advocate: Shri Vijay Pandita) OA NO.2587/2011 1. Tara Chand S/o Late Shri Bhachittar Singh R/o 904, (DA Flats), Gulabi Bagh, Delhi. 2. Kishan Singh S/o Late Shri Gopal Singh R/o C-28, Mirdard Line, MAMC, New Delhi. 3. Naweb S/o Late Shri Nabi Bax R/o A-413, Andrews Ganj, New Delhi. 4. Phool Singh S/o Late Shri Dhir Singh R/o C-1, Type-III, Mirdard Line, New Delhi. 5. Horam S/o Prithi Singh R/o VPO Aaya Nagar, MAMC, Delhi. Applicants (By Advocate: Shri R.K. Sherawat) VERSUS 1. State of NCT of Delhi Through its Chief Secretary Secretariat, Players Building Indraprastha Estate, New Delhi. 2. B.R. Tamta Additional Secretary (Health) Department of Health & Family Welfare Technical Recruitment Cell Level 9, Wing A, Delhi Secretariat Secretariat Players Building Indraprastha Estate, New Delhi. 3. Shri Ajay Kumar Kaushal Director Lok Nayak Jai Prakash Hospital New Delhi. Respondents (By Advocate: Shri Vijay Pandita) ORDER (ORAL) MR. GEORGE PARACKEN, MEMBER (J):
All these OAs are identical in nature. The applicants are working as Technical Assistant (OT) in different Hospitals of Govt. of NCT of Delhi. They are drawing common revised pay scale of Rs.4500- 7000/-.
2. Undisputed fact in this case is that the Technician is the feeder cadre post of Technical Assistant. The Technicians have already been granted pay scale of Rs.5000-8000 by the Full Bench of this Tribunal in OA No.1167/2006 (Shri Raja Ram Vs. Government of NCT of Delhi & Others) decided on 07.01.2009. The operative part of the aforesaid order reads as under:-
16. What emerges from the above is that there are two sets of qualifications required for direct recruits for the post of OT (Technician). The candidate for the post would be required to have the degree of B.Sc. plus two years Certificate/ Diploma in the relevant subject. On the other hand, the other qualification is Matriculation/ Higher Secondary/ Senior Secondary (10+2) with Science with 10 years experience in Operation Theatre. Thus the qualification of B.Sc. plus Diploma has been equated with Matriculation/ Higher Secondary/ Senior Secondary (10+2) with Science with 10 years experience in Operation Theatre. It would be absolutely repugnant to the concept of fair play and justice to have two separate pay scales for the same post of OT (Technician) based on two different qualifications. It would be an egregious error. It is our considered view that there cannot be any objection to the aforesaid equation in which the qualification of B.Sc. plus Diploma is considered to be equivalent to the qualification of Matriculation/ Higher Secondary/ Senior Secondary (10+2) with Science with 10 years experience in Operation Theatre. The recommendation of the V CPC is unambiguous that the qualification of B.Sc. plus Diploma as prescribed in paragraph 52.78 (iii) would be for direct recruitment to the post of OT (Technician) and the qualification of Matriculation/ Higher Secondary/ Senior Secondary (10+2) with Science plus 10 years experience in Operation Theatre would apply for those who are promoted from the post of OT Attendant as there is a mention of ACP scales. The recommendation in serial number XVII (a) is for only one pay scale of Rs.5000-150-8000/- for OT (Technician). Therefore, there can be no manner of doubt that OT (Technician) with either of the aforesaid qualifications would be eligible for the scale of Rs.5000-150-8000/-. The discrimination in pay scales between OT (Technician) with qualification of B.Sc. plus Diploma/ Certificate and the qualification of Matriculation/ Higher Secondary/ Senior Secondary (10+2) with Science with 10 years experience in Operation Theatre, is discriminatory, arbitrary and unjust.
17. On the basis of above discussion, the pay scale of OT (Technician) as per the recommendations of V CPC in paragraph 52.78 read with Serial Number XVII (a) of Part `B of the recommendations would be Rs.5000-150-8000/- irrespective of qualifications of B.Sc. plus Diploma/ Certificate or Matriculation/ Higher Secondary/ Senior Secondary (10+2) with Science with 10 years experience in Operation Theatre. The contrary view of the learned Bench in OA 2184/2005 is overruled. The OA is remitted to the Division Bench for decision on merit.
3. The aforesaid order of the Full Bench had been challenged before the Honble High Court of Delhi vide Writ Petition (C) No.4391/2010. The same was dismissed vide order dated 06.07.2010. However, the respondents have challenged the same before the Honble Supreme Court of India. On the request of respondents, the SLP was dismissed as not pressed vide order dated 28.01.2011 with liberty to file review petition before Honble High Court. Accordingly, the respondents filed review petition before the Honble High Court of Delhi, which has been allowed and the Writ Petition No. 4391/2010 has been revived and is pending adjudication before the High Court.
4. The learned counsel for the applicant has also relied upon the judgment of the High Court in the case of Chaman Lal Khanna & Others Vs. Govt. of N.C.T. of Delhi & Others 2007 VI AD (Delhi) 261 wherein it has been held that the promotional post would necessarily carry higher pay scale and not the same pay scale as a feeder cadre post. The said order reads as under:-
A promotional post would necessarily carry higher pay scale and not the same pay scale as a feeder cadre post particularly where the promotional post involves higher duties and responsibilities. In so far as pay scales of Process Servers and Bailiffs are concerned, they are revised to Rs.950-1500 with effect from 9.3.1992 and to Rs.3050-4590 with effect from 1.1.1996. Not only the judgment of this Court directing the aforesaid revision has attained finality as the SLP against that judgment was dismissed by the Supreme Court, the respondent No.1 even implemented the said judgment by granting the aforesaid pay scales. Once that is accepted, by necessary implication, the Naib Nazirs are to be put in higher pay scales than the pay scales granted to the Bailiffs and Process Servers as of today they are getting the same pay scales and this is an obvious anomaly.
5. Shri Vijay Pandita, learned counsel for the respondents, however, submits that as on date the applicants are not entitled for pay scale of Rs.5500-9000 as the order of this Tribunal in the case of Shri Raja Ram (supra) has not attained finality.
6. In our considered view, this OA can be disposed of subject to the outcome of the Writ Petition (Civil) No.4391/2010 under consideration of the Honble High Court. If the judgment of the Full Bench in the case of Raja Ram (supra) is upheld, the respondents will be bound to grant the pay scale of Rs.5000-8000 to the applicants therein who is working as Technician which is the feeder cadre of the Technical Assistant.
7. Consequently, we direct the respondents to consider the case of the applicants for granting the scale of pay of Rs.5000-8000 as claimed by them in this OA and pass a reasoned and speaking order positively within two months from the date of receipt of a copy of the judgment in the Writ Petition (C) No.4391/2010 now pending before the High Court.
There shall be no order as to costs.
(Sudhir Kumar) (George Paracken) Member (A) Member (J) /jk/