Meghalaya High Court
Shri S.N. Yadav & Ors. vs . The Union Of India & Ors. on 3 April, 2019
Author: Mohammad Yaqoob Mir
Bench: Mohammad Yaqoob Mir
Serial No. 08
Regular List HIGH COURT OF MEGHALAYA
AT SHILLONG
WP(C) No. 337 of 2016
Date of order: 03.04.2019
Shri S.N. Yadav & Ors. Vs. The Union of India & Ors.
Coram:
Hon'ble Mr. Justice Mohammad Yaqoob Mir, Chief Justice
Appearance:
For the Petitioner/Appellant(s) : Mr. M. Chanda, Adv.
For the Respondent(s) : Mr. K. Paul, CGC
The grievance projected by the petitioners is that they were appointed against the posts of Hindi Translator Grade I and Grade II carrying a pay scale of Rs. 5,500 - 9000/- and Rs. 5000 - 8000/- respectively, but later on vide communication dated 13.12.2007 with title "COMBATISATION OF CIVIL POSTS" the said two categories of Hindi Translator i.e. Grade I and Grade II have been clubbed into one Grade i.e., Nb/Sub (Hindi Translator) with a pay scale of Rs. 5,500 -9000/-. The proposal for Sub (Hindi Translator) for Grade I has not been agreed to by the MHA. It has been conveyed therein that if the complainant has any document to support the claims that Hindi Translator are placed in a different scale in any other CPMF (Central Paramilitary Force), he can forward to the department for pursuing the case.
It is the positive stand of the petitioners that they had represented before the respondent authorities and had submitted the rules of recruitment pertaining to Hindi Translator with Inspector rank in BSF but no action was taken, therefore, were constrained to file the instant petition.
The moot question for consideration is as to whether in BSF there exists the post of Hindi Translator with the rank of Inspector with a pay scale of Rs. 6,500 - 10,500/- only or there exist posts of Hindi Translator Grade I and Grade II with different pay scale.
Learned counsel for the petitioners would submit that two different pay scales to the similar situated officials in two different paramilitary forces negate the principle of equal pay for equal work. Supporting his 1 contention has placed reliance on the judgment rendered in the case of Dineshan K.K. v. Union of India : (2008) 1 SCC 586.
According to learned CGC as per BSF Rules, Hindi Translators have two different ranks i.e., Sub Major and Inspector but pay scale is same i.e., Rs. 6,500 - 10,500/-. Learned CGC seeks a week's time to have clear instructions about the position as projected.
List again on 05.04.2019.
(Mohammad Yaqoob Mir) Chief Justice Meghalaya 03.04.2019 "Sylvana PS"
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