Central Administrative Tribunal - Chandigarh
Neetu vs Defence on 14 August, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.195/2022
On this the 14th Day of August, 2025
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Neetu Aged 46 years W/o Sh. Mohinder Pal Dhiman, R/o H. No.
32 (7/8), Pooja Vihar, Ambala Cantt. -133001. (Group D)
.... Applicant
(By Advocate: Sh. Shailendra Sharma).
Versus
1. Union of India through Secretary, Ministry of Defence, South
Block, New Delhi-110001.(Email: [email protected])
2. The Director General of Medical Services (DGMS-3B)
Integrated HQ of MOD (Army), Adjutant General's Branch,
Kashmir House, DGMS-3 B, L Block, Rajaji Marg, Army HQ,
NEW DELHI-110001. (Email: [email protected])
3. The Commandant, Military Hospital Ambala Cantt.-133001
(Email: [email protected])
4. The Principal Controller of Defence Accounts (WC) Sector 9
Chandigarh-160009 (Email: [email protected])
....Respondents
(By Advocate: Ms. Komal Preet Chauhan).
2
O R D E R (ORAL)
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
ii) Quash the order dated 5.7.2021 (Annexure A8) passed by respondent no. 2 whereby the representation of the applicant for the grant of Revised Pay Scales 3050-4590 from the date of appointment i.e. 11.12.1997 by considering the appointment of the Applicant as Group C after revising her letter of appointment has been rejected by the respondent no. 2 by relying upon the speaking order dated 28.5.2021 (Annexure A 9) passed in some other case by totally overlooking the fact that the case of the applicant is squarely covered by the judgment dated 12.7.2007 (Annexure A 4) passed by The Principal Bench of Hon'ble Central Administrative Tribunal, New Delhi while allowing OA NO. 106/2007 directed that benefit of Pay Scale of Rs. 3050-
4590 be extended to the Tailors by considering them Skilled Category and the said judgment was subsequently implemented by the respondents vide letter dated 7.8.2008 (Annexure A 5) and accordingly Part II order was issued.
iii) Issue direction to the respondents to grant the benefit of Pay Scale of Rs. 3050-4590 to the applicant from the date of her appointment i.e. 10.12.1997 and accordingly revised her till date and release the arrears of pay alongwith interest @ 12% p.a. from the date it became due till the actual date of payment
2. Briefly stated facts of the case are that the applicant after completing her Matriculate did 4 Years Diploma in Cutting and Tailoring from ITI Ambala City worked as Teacher on the post of Sewing and Cutting at MMSD Industrial School for Women, Ambala Cantt. from 1.12.1995 till 3.10.1997. In the year 1997, the name of the applicant was forwarded by the Local Employment Exchange against the vacancy of Tailor as notified by respondent no.3. Accordingly, the applicant was 3 selected on the post of Tailor vide appointment letter dated 10.12.1997 issued by respondent no. 3 in the un-revised pay scale of Rs. 775-1150 as per 4th Pay Commission (Annexure A-3). Earlier the post of Tailors working in Ministry of Defence was considered as unskilled and hence these tailors were designated as Group D employees. However after the implementation of recommendations of 4th Pay Commission w.e.f. 1.1.1986, the various categories of Group D working in the Ministry of Defence including the Tailors were considered as Skilled Category in view of Apex court judgment passed in SLP (C) No. 8777-8785 of 1997 titled UOI vs. K. Satyanaryana.
3. According to applicant, in view of the aforesaid judgment, respondent No.1 vide corrigendum dated 12.2.1999 fixed the pay of Sh. K. Satyanaryana, Tailor working at MH Golconda in Pay Scale of 260-400 meant for Skilled Category w.e.f. 15.10.1984. Copy of the letter dated 12.2.1999, is annexed as Annexure A-4. In view of Apex court judgment passed in SLP (C) No. 8777-8785 of 1997 as well letter Annexure A-4, the respondents were legally duty bound to revised the Pay Scales of the Tailors working at various Military Hospitals in the Skilled Category. Since the recommendations of 5th Pay Commission were implemented w.e.f. 1.1.1996 and the skilled category was placed in the revised pay scale of Rs. 4 3050-4590, so the respondents were legally duty bound to place the various tailors working under respondent no. 2 and 3 in the revised Pay Scales meant for Skilled category from the date of their appointment. In the case of the applicant, since the applicant was appointed on 10.12.1997, the respondents ought to have placed the applicant in the revised Scale of Rs. 3050-4590 which was meant for skilled category.
4. However after the implementation of the recommendations of 5th Pay Commission, the respondents no. 2 and 3 instead of placing the Tailors in the revised Pay Scale of Rs. 3050-4590 meant for Skilled category, placed them in the revised Pay Scale of Rs. 2610-3540 meant for unskilled category.
5. According to applicants, in this context, one Surinder Lal who was working as a Tailor at Base Hospital Delhi Cantt. approached the Principal Bench of Tribunal at New Delhi, for the grant of the benefit of revised Scale of Rs. 3050-4590 meant for skilled category by way of filing OA No. 106 of 2007. The said OA was allowed by the Principal Bench vide order dated 12.7.2007, by relying upon its own judgment dated 11.7.2007 passed in O.A. No. 2643 of 2006 titled as Smt. Rajbala & ors Vs. UOI & ors. directing the respondents to extend the benefit to the applicant (Annexure A-5) which was also implemented by respondent no. 2 after receiving instructions from the office of Addl. Directorate General of 5 Man Power MP-4 (Civ) (D) Adjutant General's Branch of MOD (Army) vide letter dated 07.08.2009 and accordingly Part 11 order was issued by respondent No.2 whereby Surinder Lal Tailor working at Base Hospital Delhi Cantt. was placed in the Revised Pay scale of Rs. 3050-4590 from the date of appointment (Annexure A-6).
6. Thereafter, instead of placing all tailors working at various formations in the Skilled category scale/revised Scale of Rs. 3050-4590 from the date of their initial appointment, the Skilled category scale/revised Scale of Rs. 3050-4590 was only granted to those tailors who approached the Court and obtained orders. Due to this action, after the implementation of the recommendations of 6th Pay Commission w.e.f. 1.1.2006, the applicant continued to be placed in the revised scale of Rs. 5200-20200 with Grade Pay of Rs. 1800/- whereas she should have been placed in the revised Scale of skilled category i.e. Rs. 5200-20200 with Grade Pay of Rs. 1900/-.
7. The applicant represented to respondent no. 3 on 12.11.2020 followed by another representation dated 25.2.2021 and 13.5.2021 (Annexure A-7). Respondent no. 2 vide letter dated 5.7.2021 informed respondent no. 3 that the representation of the applicant has been rejected in view of the speaking order dated 28.5.2021 passed in some other 6 case (Annexure A-9).
8. The respondents have filed written statement on 11.08.2022 stating that O.A. No.106/2007 filed by Surinder Lal Tailor of Base Hospital for grant of benefit of revised scale of Rs.3050- 4500 meant for skilled category and the said order dated 12.07.2007 of the Tribunal is applicable to the case of Sh. Surinder Lal, Tailor only.
9. Respondents have also referred to the case of Sanjeev Kumar, Tailor of MH Shimla, who had filed O.A. No. 063/1026/2020. On the basis of CAT order dated 04.01.2021 in the said OA, Directorate General has issued speaking order dated 28.05.2021. Para 5 of the order dated 28.05.2021 is extracted below:-
"And whereas the applicant appeared for personal hearing on 1.4.2021. He had requested for Skilled Pay Scale Rs. 3050- 4590 in his Trade and prayed that Skilled pay Scale is being given at other places in similar Trade. However, he has not submitted any documents supporting his claim. His main contention is that the recommendations of Third Pay Commission report the non industrial workers were allowed fitment in Pay Scale of Industrial Worker as conveyed by Govt. of India to General Staff Branch (MT-7) Army HQ DHQ PO New Delhi vide Memo No. 6929/R/Civ dated 18.6.1984 pursuant to which non industrial employees are given pay scales. Thereafter, on basis of recommendations of Anomaly Committee, the Govt. of India vide its letter dated 15.10.194 allowed upgraded pay scale of Skilled category in place of Semi Skilled category of Boot Makers Carpenters, Painters. Painter 1 and Painter (IRC) from 260-400 in place of Rs. 210-290 w.e.f. 15.10.1984. Similar instructions were issued by Controller Defence Accounts Pune vide his order dated 27.12.1984. This benefit provided for employees working in Ministry of Defence was extended to employees working in Military Schools."
10. It is based on this reasoning in the case of Sanjeev Kumar 7 that representation of the applicant has been rejected. According to respondents Sanjeev Kumar being non- industrial employee is not eligible for skilled pay scale and consequently, the applicant being non-industrial employee is not entitled to skilled pay scale.
11. We have heard learned counsel for the parties and examined facts on record and case laws relied upon by both the sides.
12. We find that the explanation offered by the respondents to be legally untenable. We find that Surinder Lal, Tailor, similarly situated employee working at Base Hospital Cantt. has been given skilled category pay scale hence we find no logic in denying the same benefit to applicant working in MH Ambala. The order of the Tribunal in the case of Surinder Lal has also been implemented by the respondents vide letter dated 7.08.2008 (Annexure A-6). The Tribunal's order in the case of Raj Bala and Ors. VS UOI & Ors. (O.A. No.2643/2006) decided on 11.07.2007 also supports the contention of the applicant.
13. The logic in para 5 of order in the case of Sanjeev Kumar is highly regressive. It is based on fact no evidence was produced in support of his claim for semi skilled worker and reference is made to the 3rd CPC. However, in 4th CPC report of 1986 Tailors are in Skilled Category now. In view of the Hon'ble Supreme Court decision in cited case supra, similarly 8 situated employees have to be given same benefit. Hence the plea of the respondents that decision in case of Surinder Lal is in personam is not tenable.
14. Consequently, in our view there is merit in the O.A. Accordingly, order dated 05.07.2021 (Annexure A-8) is quashed and set aside. Respondents are directed to allow the claim of the applicant as that of skilled worker following decision of this Tribunal in the case of Raj Bala (supra) and also Hon'ble Supreme Court in case of Surinder Lal (supra).
15. In view of the above, we direct the respondents to grant applicant benefit of pay scale of Rs.3050-4590 in Skilled Category from the date of her appointment i.e. 10.12.1997 and accordingly revise her pay subsequently under 6th CPC. The respondents are directed to release arrears due and admissible to the applicant within a period of eight weeks from the date of receipt of certified copy of this order along with interest at GPF rates prevalent. However, arrears to be paid will be restricted to three years prior to filing of this O.A. on 03.03.2022.
16. The O.A. is allowed in the above terms. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA) MEMBER (A) MEMBER (J) /kr/