Central Administrative Tribunal - Ernakulam
Nazeera Beegum C P vs Ut Of Lakshadweep on 15 May, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.181/00335/2016
Thursday, this the 15th day of May, 2025
CORAM:
HON'BLE Mr. JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Mrs. V.RAMA MATHEW, ADMINISTRATIVE MEMBER
1. Nazeera Beegum C.P., D/o. Hameed K.P., Aged 27 years
Laboratory Assistant, J.N.S.S.S., Kadamath, Residing at Cheriyapura
Kadamath Island, U.T. of Lakshadweep,.
2. Subi K.K., D/o. Kasmikoya M., Aged 31 years, Laboratory Assistant
Govt. J.N.S.S.S., Kadamat Island, Residing at Kunnamkulam
Kalpeni Island, U.T. of Lakshadweep.
3. Shameena K.A., D/o. Shoukathah, Aged 26 years, Laboratory Assistant
J.N.S.S.S. Kadmat, Residing at Keepatt Acharablyoda, Agatti
U.T. of Lakshadweep,
4. K.I. Rahmath, D/o. M.K. Shakki, Aged 37 years, Laboratory Assistant
Govt. Senior Secondary School, Chetlat Island, Lakshadweep
Pin 682 554, Residing at Kallillam House, Chetlat Island, Lakshadweep.
5. Vahida.P., D/o. Salamkoya P, Aged 26 years, Lab Assistant, GSSS
Agatti, Residing at Purakkad House, Agatti.
6. Raseela T.K., D/o. Abdul Kalam, Aged 27 years, Laboratory Assistant
Govt. Senior Secondary School, Kavaratti, Residing at Thirinikkad
Kavaratti Island.
-Applicants
[By Advocate: Mr. R.Ramdas]
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O.A.No.335/2016 2
Versus
1. The Administrator, Union Territory of Lakshadweep, Kavarathi-682 555
2. The Director of Education, Directorate of Education
U.T. of Lakshadweep, Kavaratti, Pin-682 555.
3. The Secretary (Education), Directorate of Education
U.T. of Lakshadweep, Kavaratti, Pin-682555.
*4. Union of India represented by the Secretary to Government
Ministry of Home Affairs, New Delhi - 110 001
*(impleaded as additional 4th respondent vide order dated 11.12.2017 in
M.A.181/1094/2017)
**5. Hameedathbi A., D/o. Kunhi Ahmed A, Aged 32 years
Residing at Aajnath, Kiltan Island, U.T. of Lakshadweep
Laboratory Assistant, GSSS, Kiltan-682 558
**(impleaded as additional 5th respondent vide order dated 22.11.2023 in
M.A.181/998/2022)
- Respondents
[By Advocates: Mrs. Sreekala K.L. for R1 to R3
Mr.N.Anilkumar, SPC for R4
Mr.T.Sivadasan for R5]
The application having been heard on 04.04.2025, the Tribunal on
15.05.2025 delivered the following order:
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O.A.No.335/2016 3
ORDER
Justice K.Haripal, Judicial Member Six employees of Lakshadweep service, who are working as Laboratory Assistants have joined together in seeking relief of declaration that they are entitled to get the pay scale of Rs.9300-34800 with grade pay of Rs.4,200/-, which is the pay scale applicable to Laboratory Assistants as per the the recommendations of the 6 th CPC. Thus they seek a direction to the respondents 1 to 4 to pay them the scale of Rs.9300-34800 with grade pay of Rs. 4,200/-.
2. Applicants were appointed in Lakshadweep Education Department pursuant to notification issued by the 2 nd respondent to fill up the vacancies of Laboratory Assistant in High Schools and Higher Secondary Schools. According to them, they have been paid only at the scale of Rs.5200-20200 with grade pay of Rs. 2,800/-. But they are legally entitled to get the pay scale of Rs.9300-34800 with grade pay of Rs. 4,200/-. The essential general education qualification is Degree. Laboratory Assistants working along with the applicants who were appointed earlier are getting the pay scale of Rs.9300-34800 with grade DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 4 pay of Rs. 4,200/-. As per the recommendations of the 6 th Pay Commission, the applicants are entitled to get the very same scale but are being given less despite they possess Degree as the essential general education qualification. Though all of them had made representations, that have not been considered and that prompted them to approach the Tribunal seeking the above stated reliefs.
3. On behalf of respondents 1 to 3 the Administrative Officer, Lakshadweep Administration Office, Kochi filed reply statement denying the contentions in the Original Application. According to him, the applicants were appointed based on Annexure-R1 Employment Notice. As per Annexure-R2 Recruitment Rules the pay of the Laboratory Assistant is Rs.5200-20200 with grade pay of Rs.2,800/- in Part A, PB-1. After being appointed on that basis, they are now estopped from contending that they should be given a higher pay.
4. According to the respondents 1 to 3, the post of Laboratory Assistant is not a teaching post, since the teacher is required to possess professional qualification in addition to academic qualification, which itself goes to show that only that person can teach who had got the DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 5 ability to teach by acquiring professional qualification. The scale of pay attached to the post as per the orders creating the post during 4 th CPC was Rs.1320-2040 which was revised to Rs.4500-7000 in the 5 th CPC and was further revised to Rs.5200-20200 with grade pay of Rs. 2,800/-. Thus they have maintained that the applicants are not entitled to get the scale of pay of Rs.9300-34800 with grade pay of Rs. 4,200/-.
5. Further, it is submitted that Laboratory Assistants cannot be equated with Primary School Teachers. The recruitment method of Laboratory Assistants, their nature of job, duties and responsibilities etc. are different from those of Primary School Teachers. The Laboratory Assistants are expected to assist the students and teachers, where the teachers teach/conduct practical tests. Though certain service benefits like medical allowance, teaching allowance, age of retirement etc. are same that of Primary School Teachers, they cannot be interpreted in a manner that the Laboratory Assistant should be treated at par with teachers in all aspects. Therefore, they have submitted that the applicants are not entitled to get entry grade pay of Rs. 4,200/-.
6. Referring to Annexure-R6, it is submitted that the terms and DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 6 conditions of teachers were decided on the basis of the recommendations of a commission under the Chairmanship of Prof.D.P.Chattopadhyaya, which are not applicable to Laboratory Assistants. Moreover, referring to Annexure-R7, it is submitted that they have obtained clarification from the Ministry of Human Resource Development that the miscellaneous category of teachers like music teachers, drawing teachers, arts teachers, vocational guidance instructor, physical educational teachers, language teachers, librarians or other category of teachers carrying equivalent scale of pay as that of Primary School Teachers before the issue of order dated 04.04.2002 will be entitled for the pay scale of Primary School Teachers. That is not applicable to Laboratory Assistants.
7. It is further submitted that the Annexure-R2 Recruitment Rules were framed in accordance with the guidance issued by the Ministry of Personnel, PG&Pensions, Department of Personnel & Training through Annexure-R8 and thus Laboratory Assistants were included as Group-C employees and the grade pay attached to Group-C posts is between Rs.1,800/- and Rs.2,800/-. Thus Annexure-R1 was issued in DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 7 terms of Annexure-R2 Recruitment Rules which is based on Annexure-R8 guidelines issued by the Nodal Ministry. Referring to Annexure-R9 it is submitted that Laboratory Assistant is a non-teaching category and the Ministry has intimated that Laboratory Assistants are not eligible for three tier pay scale as applicable to teachers. So, on this basis the respondents 1 to 3 have sought for dismissing the Original Application.
8. The 4th respondent, Union of India represented by the Secretary to Government, Ministry of Home was impleaded on the basis of the application submitted by the applicants. In the separate reply statement the 4th respondent has stated that the pay scales were given/fixed by the Union Territory of Lakshadweep Administration and representations, if any submitted by the applicants before the Administration have to be considered and disposed of at their end and it is purely of administrative nature and pertains to the Union Territory of Lakshadweep Administration which is to be decided at the end of the Union Territory Administration and the 4th respondent has nothing to do with the matter.
9. It has come out that the additional 5 th respondent DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 8 Smt.Hameedathbi had voluntarily impleaded herself on the plea that she is also a Laboratory Assistant and has an identical claim as that of the applicants and therefore, in the interest of justice she also wants to pursue the case of the applicants.
10. The applicants filed a rejoinder disputing the contentions of respondents 1 to 3 and reiterating the contentions in the Original Application. They also produced Annexure-A10 order of this Tribunal in O.A 612 of 2007 filed by one K.P Kasmikoya.
11. We heard Sri.R.Ramdas, learned counsel for the applicants, Smt. Sreekala K.L, learned Standing Counsel for the respondent Nos.1 to 3 and Sri. N. Anilkumar, learned counsel for the 4 th respondent. Respective contentions were reiterated by the learned counsel.
12. According to the learned counsel for the applicants, the applicants are entitled to get reliefs in terms of Annexure-A10. Though the respondents had filed a Review Application, that stands dismissed and thus they had no other option but to implement the same. Annexure-R9 was the subject matter of dispute in Annexure-A10 which has been rejected by the Tribunal and that Original Application was DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 9 allowed granting the said Kasmikoya higher pay which has already been implemented through Annexure-A11 and therefore, the learned counsel pointed out that the applicants are entitled to get the very same relief. The applicants are entitled to be treated like Primary School Teachers and therefore, the pay scale of Rs.9300-34800 with grade pay of Rs.4,200/- granted to Primary School Teachers in the 6 th CPC should be extended to them. The applicants are Graduates. Therefore, he submitted that there is no excuse for not extending the benefit of Annexure-A10 to them.
13. On the other hand, learned Standing Counsel for Lakshadweep Administration submitted that Laboratory Assistants cannot be taken at par with teachers. The applicants had applied fully knowing the scale of pay, qualifications, nature of duties etc. in terms of Annexures-R1 and R2 and now they cannot say that they are entitled to get higher pay. The applicant in Annexure-A10 was recruited earlier. Annexure-A10 is in respect of earlier Recruitment Rules which existed prior to Annexure-R2. Whatever it may be, there is no policy decision to treat a Laboratory Assistant at par with teachers. Before amending DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 10 Annexure-R2 there was some grey area. Now, after the amendment it is clear and the applicants had applied fully knowing their entitlement, in terms of the Recruitment Rules.
14. As mentioned earlier, the applicants had applied on the basis of Annexure-R1 recruitment notice issued by the 2 nd respondent calling for applications to various vacancies in the Education Department including that of the Laboratory Assistant. From Annexure-R1 it is clear that, the scale of pay of a Laboratory Assistant is Rs.5200-20200 with grade pay of Rs.2,800/- and the qualification is B.Sc Degree with Physics/Chemistry/Zoology/Botany or its equivalent as one of the main subjects or its equivalent. The respondents have also relied on Annexure-R2 Recruitment Rules dated 01.02.2011, where the scale of pay of a Laboratory Assistant is shown as Rs.5200-20200 with grade pay of Rs.2,800/-, in Part A PB-1. That means, the applicants had applied for the post of Laboratory Assistant pursuant to Annexure-A1 with open eyes knowing that their remuneration would be in the scale of pay of Rs.5200-20200 with grade pay of Rs.2,800/-. After having applied for the post in the given scale, when appointed, we do not understand as to DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 11 how they can put forth a claim for a higher scale of pay stating that they are entitled to get pay scale of Rs.9300-34800 plus grade pay of Rs.4,200/- in the 6th CPC.
15. Comparative table of corresponding pay scale/pay band and grade pay based on the recommendations of the 4 th, 5th and 6th Central Pay Commission shows that during the 4th CPC the scale was Rs.1320- 2040. In the 5th CPC that was replaced by Rs.4000-6000 and in the 6 th CPC the scale was replaced by Rs.5200-20200. It appears that on the basis of recommendations, the grade pay has been enhanced to Rs.2,800/-, which is the scale of pay offered to the applicants in the Annexure-R1 employment notice. The Recruitment Rules was amended in 2011, which also carries the very same scale of pay, based on which the applicants were appointed in the Education Department and after a few years of getting inducted in service, they have claimed for higher pay scale, which cannot be appreciated.
16. Secondly, it is stated that all of them are Graduates and Graduation is the minimum general educational qualification required for the post. So, they claim that they are entitled to get scale of DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 12 Rs.9300-34800 with grade pay of Rs.4,200/-. That also cannot be accepted. As already stated, in the 6 th CPC the corresponding scale is Rs.5200-20200 with grade pay of Rs.2,800/- and therefore the applicants cannot be heard to claim a higher grade pay of Rs.4,200/-.
17. Thirdly, it was stated that similarly placed Laboratory Assistants who were appointed earlier have been given pay scale of Rs.9300-34800 plus grade pay of Rs.4,200/-. As rightly stated by the respondents that the applicants have not produced evidence to substantiate their contention by producing documentary evidence to prove that there are Laboratory Assistants who are drawing at Rs.9300- 34800 with grade pay of Rs.4,200/-. When argued, Smt.K.L.Sreekala has submitted that even if somebody was appointed in that scale, that must be on the basis of the recruitment made earlier, prior to Annexure-R2 and the applicants cannot claim that scale. Similarly, as rightly suggested, there is no policy decision that Laboratory Assistants are to be treated at par with that of Primary School Teachers. Laboratory Assistants per se are not teachers. Therefore, even though they are also entitled to get teaching allowance, they cannot be given pay scale in DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 13 tune with that of Primary School Teachers.
18. Moreover, it is the settled proposition of law that scale of pay, remuneration etc. are matters of policy falling within the domain of the State. It is for them to decide whether a particular category of employee should be treated at par with that of another category. So far as there is no decision either by the Pay Commission or by the Government that Laboratory Assistant shall be treated at par with that Primary School Teachers, this Tribunal cannot make any direction or express any view on the same.
19. The applicants have also produced Annexures-A10 and A11 to augment their case. But, as rightly pointed out by the learned Standing Counsel, Annexure-A10 and A11 are not applicable to the facts of the case. It is true that one Kasmikoya, Laboratory Assistant had approached this Tribunal for quashing Annexure-A14 in that case, which appears to be Annexure-R9 here. He was aggrieved by the inaction on the part of the respondents in granting him the senior scale which was due to him on completion of twelve years of service. In other words, his grievance was that he was not granted higher scale after putting in DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 14 twelve years of service, under the ACP scheme which was prevalent at that time. The Annexure-A10 was allowed on the following terms:
"8. ..................... It is declared that the applicant is entitled to the same benefits as given to the other Lab. Assistants who are juniors to the applicant. Respondents are directed to pass suitable orders, granting higher pay scale of Rs 5,500- 9,000 (or corresponding pre-revised pay) to the applicant on his completion of 12 years of service i.e. w.e.f. 5.3.2000 and pay the arrears of pay and allowances to the applicant..........."
20. In other words, the claim and contentions of the applicant in Annexure-A10 were different. He was aggrieved by not granting 1 st ACP in the said pay scale. Here, the applicants want their entry scale at Rs.9300-34800 with grade pay of Rs.4,200/-. That means, we are convinced that Annexures-A10 and A11 have turned up on different fact situation. These documents do not give rise to an inference that the said Kasmikoya was drawing at the scale of Rs.9300-34800 with grade pay of Rs.4,200/-.
21. The applicants do not have a case that their scale of pay was reduced on a fine morning and were put to peril. On the other hand, they had applied for the post of Laboratory Assistant pursuant to DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 15 Annexure-R1 employment notice. They were also guided by the Annexure-R2 Recruitment Rules. In both Annexures-R1 and R2 the scale of pay of the Laboratory Assistants is shown as Rs.5200-20200 plus grade pay of Rs.2,800/-. It was issued based on the guidelines issued by the Nodal Ministry. It is not proved through convincing materials that Laboratory Assistants or similarly placed employees are being paid at a different scale of pay.
On these considerations, we hold that the applicants have failed to make out a case and the Original Application is liable to be dismissed. Dismissed. No costs.
(Dated, this the 15th May, 2025)
V.RAMA MATHEW JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ds
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O.A.No.335/2016 16
List of Annexures
Annexure.A-1: Photocopy of the office order Dated 16.06.2011 issued
by the 2nd respondent
Annexure.A-2: Photocopy of the order dated 29.10.2011 issued by the
2nd respondent.
Annexure.A-3: Photocopy of the order dated 24.05.2012 issued by the
2nd respondent.
Annexure.A-4: Photocopy of the representation Dated 16.07.2012 by
the 1st applicant
Annexure.A-5: Photocopy of the representation Dated 20.01.2015 by
the 2nd applicant
Annexure.A-6: Photocopy of the representation Dated 16.07.2012 by
the 3rd applicant
Annexure.A-7: Photocopy of the representation Dated 10.11.2014 by
the 4th applicant
Annexure.A-8: Photocopy of the representation Dated 20.01.2015 by
the 5th applicant
Annexure.A-9: Photocopy of the representation Dated 16.01.2015 by
the 6th applicant
Annexure A10: Photocopy of the order dated 01.05.2009 in
O.A.612/2007 on the file of this Hon'ble Tribunal Annexure-A11: Photocopy of the order dated 11.04.2013 issued by the Director of Education Annexure R1: A true copy of the employment notice F. No. 18/3/2009 DEEPA S 2025.05.15 16:17:47+05'30' O.A.No.335/2016 17
-Edn./Estt (28)/563 dated 21.2.2011.
Annexure R2: A true copy of the recruitment rules dated 1.2.2011 published as per notification F. No. 10/28/2001 Edn (AW) RR Annexure R3: A true copy of the order F. No. 1/6/87 Edn. Dated 3.4.1987 Annexure R4: A true copy of the order Ministry of Human Resource Development, Department of School Education and Literacy, Government of India, as per F. No. 15-1/2008- UT.1 dated 11.5.2010.
Annexure R5: A true copy of the Part A and B of the Gazette notification GSR 622 dated 29.8.2008 of the Government of India, Ministry of Finance (Department of Expenditure), New Delhi.
Annexure R6: A true copy of Government of India, Ministry of Human Resources Development order F. No. 5-180/86-UTI dated 12.8.1987.
Annexure R7: A true copy of the letter F. No. 5-21/97-UTI dated 25.2.2003 issued by the Ministry of Human Resources Development Annexure R8: A true copy of the Government of India, Ministry of Personnel, PG and Pensions (Department of Personnel and Training) OM No.ΑΒ.14017/48/2010 - Estt (RR) dated 31.12.2010 Annexure R9: A true copy of the letter F. No. 6-11/2004-UTI dated 18.11.2004 issued by the Ministry of Human Resources Development DEEPA S 2025.05.15 16:17:47+05'30'