Central Administrative Tribunal - Delhi
Shri V D Pushkarna S/O Shri B L Pushkarna vs Uoi Through Ministry Of Personnel on 7 July, 2010
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.3262/2009 Wednesday, this the 7th day of July 2010 Honble Shri Shanker Raju, Member (J) Honble Dr. Veena Chhotray, Member (A) 1. Shri V D Pushkarna s/o Shri B L Pushkarna aged 54 years working as DS Gr I, in Central Jail Tihar and r/o Officers Flats Central Jail, Tihar, New Delhi-64 2. Shri Mahavir Singh s/o Shri Bihari Lal aged 52 years, working as D.S. Gr. I in Central Jail, Tihar, r/o Flat No.1179 Pocket 3, Sector 19, Dwarka, New Delhi-57 3. Shri B S Bhatia s/o Shri A S Bhatia aged 53 years, working as D.S. Gr. I in Central Jail Tihar, and r/o B-2, Officers Flats Central Jail, Tihar, New Delhi-64 ..Applicants (By Advocate: Shri Satish Kumar) Versus 1. UOI through Ministry of Personnel Public Grievances & Pensions (Deptt. of Personnel & Training) N Block, New Delhi 2. Govt. of NCT of Delhi through Chief Secy. Delhi Sectt., New Delhi-2 3. Director General (Prisons) Prisons Head Quarters Near Lajwanti Garden Chowk New Delhi-64 ..Respondents (By Advocate: None for respondent 1 Shri Vijay Pandita for Respondents 2 & 3) O R D E R (ORAL)
Shri Shanker Raju:
Promotee Deputy Superintendents Grade I in Central Jail Tihar are seeking parity of pay scale with their counterparts deputationist DASS Grade I and ad hoc DANICS to the extent of claiming the pay scale of Rs.8000-13500 with grade pay of Rs.5400/- w.e.f. 1.1.1996.
2. Learned counsel for applicants states that whenever a deputationist DASS Grade I or ad hoc DANICS is deputed to look after the post of Deputy Superintendent Grade I (Prison), he enjoys a higher pay scale whereas the applicants, who perform identical duties and all functional requirements, have been invidiously discriminated in the matter of their pay scale, which has now partaken the character of a fundamental right. This is a clear cut violation of the Article 14 of the Constitution of India.
3. Learned counsel for applicants has also apprised to us that the claim of the applicants for parity of pay scale, as prayed for in this OA, has been favourably recommended to the Deputy Secretary, Home (Jail), Govt. of NCT of Delhi on 9.9.2006, yet the final decision is to be taken in the matter.
4. On the other hand, learned counsel for respondents vehemently opposed the contentions and stated that insofar as the DASS Grade I and ad hoc DANICS are concerned, non-functional pay scale of Rs.8000-13500 has been allowed to them vide an Office Memorandum issued dated 18.7.2008 and after four years of regular service, they are eligible for being placed directly in the pay scale.
5. We also find the justification for disparity in the pay scale figured in paragraph 1 of the reply where it is stated that jail cadre officials cannot be compared with the cadre of DASS and ad hoc DANICS and granting non-functional scale to them is based on the analogy that their services are akin to Central Secretariat Service Cadre.
6. Learned counsel for respondents has also stated that the jail staff, including the post of DASS Grade I, is not comparable, as 6th Central Pay Commission in its report in para 7.57 14 has specifically recommended that only the corresponding revised running pay band and grade pay shall be extended to the various posts in the Prison Department of Govt. of NCT of Delhi, which has rightly been extended to the applicants. Further, insofar as the issue of career progression and promotional avenues is concerned, the Government has introduced a Modified ACP scheme to take care of the lack of promotional avenues for the government servants.
7. We have carefully considered the rival contentions of the parties and perused the records.
8. We find from the records that the Cadre Review Committee, Govt. of NCT of Delhi in a proposal dated 28.3.2002 has also favourably recommended the higher pay scale to the applicants, which has not at all been considered.
9. In the matter of equal pay for equal work, which has now partaken the status of a fundamental right as per the decision of Apex Court in State of Kerala v. B. Renjith Kumar & others, 2008 (9) SCALE 557, applicants, who are functioning as Deputy Superintendent Grade I in Central Jail Tihar, are performing the identical duties with their counterparts, i.e., DASS Grade I and ad hoc DANICS. As such, without any difference in any of the functional requirements and on a favourable proposal of the Cadre Review Committee after meticulously going into the functional requirements, a recommendation has not been adhered to by the respondents on consideration by taking a final decision by the Delhi Administration.
10. In the matter of pay scale and parity of pay, we cannot assume the role of an expert body but since the expert body has delivered a finding, which is yet to be acted upon by the respondents, we dispose of this OA with a direction to the respondents to act on the Cadre Review Committees recommendations as well as other Committees, which have recommended the higher pay scale to the applicants at par with their counterparts, as stated above, for grant of higher pay scale of Rs.8000-13500 with grade pay of Rs.5400/- with effect from the date their counterparts have been granted, with all benefits. This shall be done within a period of three months from the date of receipt of a copy of this order. No costs.
( Dr. Veena Chhotray ) ( Shanker Raju ) Member (A) Member (J) /sunil/