Delhi High Court - Orders
Iari Stenographers Association vs Sanjay Garg, The Secretary, Icar on 31 August, 2022
Author: Sachin Datta
Bench: Sachin Datta
$~71
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 903/2022
IARI STENOGRAPHERS ASSOCIATION ..... Petitioner
Through: Mr. Padma Kumar, Advocate.
versus
SANJAY GARG, THE SECRETARY, ICAR ..... Respondent
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 31.08.2022 C.M. Appl. No. 38104/2022 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
CONT.CAS(C) 903/2022 and C.M. Appl. No. 38103/2022 (for delay)
1. The present petition alleges wilful disobedience of the directions contained in the order dated 19.09.2019 passed in W.P.(C) 4178/2015. The operative directions contained in the said judgment are as under:-
"48. While as a broad proposition as explained in State of U.P v. J.P. Chaurasia AIR 1989 SC 19 there had to be a detailed study of the job profile in two different posts, in the present case the detailed note prepared by the MOA itself explains in great detail that functionally the task performed in the two posts of PSs/PAs whether at the ICAR Headquarters or at the other institutes are not different. The Court finds that there is no basis for continuing to differentiate in the pay scales of PAs/PSs working in the ICAR Headquarters and institutes.
49. As rightly pointed out in the impugned order of the CAT the earlier decision of this Court in ICAR Stenographer's Association v. ICAR (supra) was on the limited aspect of the retrospective nature of Signature Not Verified Digitally Signed By:ANU KAPOOR Signing Date:08.09.2022 13:12:48 the proposal to equate the pay scales with effect from 1st January, 1997 and did not actually address the issue whether there was justification in differentiating in the pay scales of PAs/PSs of the IARI and their counterparts in the ICAR HQ.
50. For all of the aforementioned reasons, the Court finds no grounds having been made out by the Petitioners for interference with the impugned order of the CAT."
2. An SLP is stated to have been filed against the aforesaid judgment which came to be dismissed vide order dated 01.07.2021. Learned counsel for the petitioner submits that despite the aforesaid, relevant directions regarding non-differentiation in the pay scales of PAs/PSs working in ICAR Head Quarters vis-a-viz PAs/PSs working in other institutions, are not being complied with by the respondent.
3. Let notice be issued to the respondent on steps being taken by the petitioner through all permissible modes, including electronically, returnable on 6th March, 2023. Dasti in addition.
SACHIN DATTA, J AUGUST 31, 2022 AK Signature Not Verified Digitally Signed By:ANU KAPOOR Signing Date:08.09.2022 13:12:48