Central Administrative Tribunal - Allahabad
Mool Chand vs Union Of India on 17 March, 2026
OA No. 542 of 2010
(Reserved on 25.02.2026)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad, this the 17th day of March, 2026
Original Application No. 542 of 2010
Hon'ble Mr. Justice Om Prakash VII, Member (Judicial)
Hon'ble Mr. Mohan Pyare, Member (Administrative)
1. Mool Chandra, aged about 48 years, Son of Sri Sone Lal, posted as
Senior Technical Assistant, National Sugar Institute, Kalyanpur, Kanpur.
2. Ashok Kumar Garg, aged about 44 years, Son of Sri J.N. Agarwal, posted
as Senior Technical Assistant, National Sugar Institute, Kalyanpur, Kanpur.
3. Ajai Kumar Awasthi, aged about 42 years, Son of Late K.K. Awasthi,
posted as Senior Technical Assistant, National Sugar Institute, Kalyanpur,
Kanpur.
4. Ambrish Kumar Asthana, aged about 40 years, Son of Sri Subhash
Chandra Asthana, Posted as Senior Technical Assistant (Sugar Tech)
National Sugar Institute, Kalyanpur, Kanpur.
5. Narendra Deo, aged about 40 years, Son of Sri R.R. Verma, posted as
Senior Technical Assistant (Sugar Technology), National Sugar Institute,
Kalyanpur, Kanpur.
6. Prem Shanker Katiyar, aged about 39 years, Son of Late R.N. Katiyar,
posted as Senior Technical Assistant, National Sugar Institute, Kalyanpur,
Kanpur.
7. Vaibhav Sharma, aged about 36 years, Son of Late J.P. Gaur, posted as
Senior Technical Assistant, National Sugar Institute, Kalyanpur, Kanpur.
8. Mihir Mandal, aged about 38 years, Son of Late Mukund Mandal, posted
as Senior Technical Assistant, National Sugar Institute, Kalyanpur, Kanpur.
9. Gyan Prakash Gupta, aged about 54 years, Son of Late Sri Ram Gupta,
posted as Senior Research Assistant (Engg), National Sugar Institute,
Kalyanpur, Kanpur.
10. Sewak Ram, aged about 53 years, Son of Late Maiku Lal, posted as
Research Assistant (Engg), National Sugar Institute, Kalyanpur, Kanpur.
11. Ram Krishna, aged about 53 years, Son of Jagannath Prasad, posted as
Research Assistant (Agriculture Chemistry), (Selection grade), National
Sugar Institute, Kalyanpur, Kanpur.
12. Dinesh Chandra aged about 46 years Son of Late Jauhari Lal as
Research Assistant (bio-chemistry) National Sugar, Institute Kanpur.
13. Smt. Chitra Yadav, aged about 43 years, Wife of Shri G.P. Yadav, posted
as Research Assistant (Organic Chemistry), National Sugar Institute,
Kalyanpur, Kanpur.
RAJEEV KUMAR MISHRA
Page 1 of 14
OA No. 542 of 2010
14. Subhash Chandra Verma, aged about 62 years, Son of Late Bhagwati
Prasad, Retired as Assistant Engineer on 30.11.2006, National Sugar
Institute, Kalyanpur, Kanpur.
15. Sushil Chandra Nigam, aged about 65 years, Son of Late M.B. Nigam,
Retired as Senior Research Assistant Engineering, 30.6.2004 National Sugar
Institute, Kalyanpur, Kanpur.
....Applicants
By Advocate: Shri A.K. Dave
Versus
1. Union of India, through the Secretary, Ministry of Food & Consumer
Affairs, Department of Sugar & Edible Oils, Krishi Bhawan, New
Delhi.
2. The Secretary Expenditure, Ministry of Finance, Government of
India, New Delhi.
3. Deputy Secretary, Ministry of Consumer Affairs, Food & Public
Distribution, Department of Food & Public Distribution, Govt. of
India.
4. The Director National Sugar Institute, Kalyanpur, Kanpur.
....Respondents
By Advocate: Shri Praveen Shukla
ORDER
By Hon'ble Mr. Mohan Pyare, Member (Administrative):
Shri A.K. Dave, learned counsel for the applicants and Shri Praveen Shukla, learned counsel for the respondents are present.
2. By means of this OA, the applicants have sought the following reliefs :
"(i) To quash and set aside the impugned order dated 13/04/2009 (Annexure No. A-I) and order dated 07.05.2009 (Annexure No. A-2).
(ii) To direct the respondents to grant those who are working as Senior Technical Assistant, Senior Research Assistant and Research Assistant (Selection Grade) the grade of Rs.
6500-10,500/-w.e.f. 01.01.1996.
(iii) To direct the respondents to grant those who are working as Research Assistant and Technical Assistant, the scale of Rs. 5500-9000/- w.e.f. 01.01.1996 as has been provided to similar situated person of other departments in pursuance of recommendation of Vth Pay Commission.
RAJEEV KUMAR MISHRA Page 2 of 14 OA No. 542 of 2010
(iv) To revise the pension of the applicant nos. 14 and 15 after fixation of their pay as per the Vth Pay Commission Report and pay their arrears.
(v) To pay all the consequential benefits including arrears of salary with interest to the applicants.
(vi To pass any other and further orders as the Hon'ble Tribunal may deem fit and proper in the circumstances of the case.
(vii) To award cost of petition/application.''
3. The brief facts narrated by the applicants are that the applicants belong to various identical categories of Senior Technical Assistant, Senior Research Assistant, Research Assistant (Selection Grade), Technical Assistant and Research Assistant in the National Sugar Institute, Kanpur governed by service conditions of employees in the Ministry of Food & Consumer Affairs. The service condition of Class II post of National Sugar Institute, Kanpur is governed under National Sugar Institute, Kanpur (Class III Posts) Rules, 1958 and in respect of Technical Assistant separate rules were framed under Article 309 under the title of National Sugar Institute (Technical Assistant) Rules, 1982 and service of SRA/RA (Selection Grade) & STA is governed by National Sugar Institute, Kanpur (Class I and Class II post) Recruitment Rules, 1964 as amended from time to time. The Vth Central Pay Commission has considered the pay scale and service conditions of the above applicants in para 51.34 of Vol. I of Vth Pay Commission Report. Para 67.10 at page 1106 Vol.2 of the Pay Commission Report will apply to other posts in the institute. In the case of applicants the pre-revised pay scale of Rs.1400-2300/- has been replaced by the pay scale of Rs.5000-8000/- instead of Rs.5500-9000/- and the applicants who were pre-revised grade of Rs.1640-2900/- are given the pay scale of Rs.5500-9000/- instead of Rs.6500-10500/-. The applicants have given representation demanding the equal pay for equal work under the provisions of Article 14 of the Constitution of India. Director of Institute (Respondent No.3) have found merit in the RAJEEV KUMAR MISHRA Page 3 of 14 OA No. 542 of 2010 representation of the applicants and have recommended the same. Senior Technical Assistant/ Senior Research Assistant/Research Assistant (Selection Grade) are in the feeder cadre to the post of Junior Technical Officer, Scientific Officer/Assistant Engineer in the pay scale of Rs.8000- 13500/- as such by providing upgraded pay scale to applicants should be Rs.6500-10500/- and the same will not disturb the hierarchy. Similarly Technical Assistant/Research Assistant are feeder cadre to the post of Senior Technical Assistant/ Senior Research Assistant/Research Assistant (Selection Grade) and by providing the upgraded pay of Rs.5500-9000/- will not disturb the hierarchy. Vth Pay Commission has recommended higher pay scale to similarly placed officials in other departments and denying the same to the applicant is discriminatory. As representation of the applicants was not being considered, they approached this Tribunal in OA No.1577 of 1999, which was disposed of by issuing a direction to the competent authority to decide the representation of the applicants within a period of three months. The applicants submitted a joint representation dated 16.12.2008 along with copy of the order passed in OA No.1577 of 1999 addressed to Secretary, Ministry of Consumer Affairs through proper channel, which was rejected by a letter dated 13.04.2009. The order dated 13.04.2009 and order dated 07.05.2009 passed by Director are not sustainable and violative of Article 14 of the Constitution.
4. Learned counsel for the applicant further submitted that in para 67.10 of Vth Pay Commission Report, it is mentioned that report will apply to other posts in the institute, replacement scale of Rs.1640-2900/- has been recommended as Rs.6500-10500/-, the ground taken in the rejection order dated 13.04.2009 is unwarranted and contrary to para (1) of Part 'C' and para 67.10 of Vth Pay Commission Report. On the basis of entry qualification upgraded pay scale were provided in the other department and RAJEEV KUMAR MISHRA Page 4 of 14 OA No. 542 of 2010 the same was denied to applicants which is arbitrary and discriminatory and on the basis of above consideration, the order dated 13.04.2009 and 07.05.2009 are discriminatory and violative of Article 14. Hence, this OA.
5. The respondents have refuted the claim of the applicant by filing a counter affidavit and have submitted that the matter relating to National Sugar Institute, Kanpur was dealt by Vth CPC under para 67.10, which is reproduced as below :-
" 67.10 : The Junior Engineer (Electrical) in the scale of pay of Rs.1640- 2900/- has demanded upgradation to the scale of Rs.2000-3500/- and re- designation as Additional Assistant Engineer (Electrical), as for others whose basic qualifications are a degree in Engineering. We observe that the Junior Engineer is a promotion post for Research Assistant (Engg) in the pay scale of Rs.1400-2300/- with 3 years service and degree in Engineering or with 5 years service and diploma in Engineering. Since the minimum essential qualification for this post is diploma in engineering, its existing pay scale is adequate.
Replacement scales recommended elsewhere in this report will apply to other posts in the Institute."
The 5th Central Pay Commission (CPC) examined the demand raised for up-gradation of the pay scale of Junior Engineer (Electrical) from Rs.1640-2900/- to Rs.2000-3500/- and also its re-designation as Additional Assistant Engineer (Elect.) at par with other posts whose basic qualifications are a Degree in Engineering. 5th CPC rejected this demand on the ground that Junior Engineer (Electrical) is a promotion post for Research Assistant (Engg.) in the pay scale of Rs.1400-2300/- with three years service and Degree in Engineering or with five years service and Diploma in Engineering. Commission noted that since the minimum essential qualification for this post is Diploma in Engineering, its existing pay scale is adequate.
In the same para, commission recommended that replacement scales elsewhere in this report will apply to other posts in the institute and had not recommended for up-gradation of any of the pay scales at National Sugar Institute, Kanpur.
6. The Vth CPC has recommended the replacement scale for the posts of National Sugar Institute. The normal replacement scale for Rs.1400- 2300/- is 4500-7000/-. Part 'C' of CPC related to upgraded pay scale to the posts in various Ministries/Departments such a Defence and Environment etc. has not been recommended for National Sugar Institute because of factors like skill requirements, job contents and inter se horizontal and vertical relativities etc. A proposal was forwarded by this institute to Ministry for up-gradation of pay scales for certain common categories of staff RAJEEV KUMAR MISHRA Page 5 of 14 OA No. 542 of 2010 including RA/TA/SRA/STA which was examined by the Ministry in consultation with the integrated Finance Division and was not agreed to. The Central Pay Commission is appointed by the Central Government and works as per norms/rules/notifications issued to them.
7. The representation submitted by NSI officers & Technical Staff Welfare Association as per the directions of the Hon'ble CAT in OA No.1577 of 1999 was examined by the competent authority at Ministry and the same was rejected on the ground mentioned under para 11 of letter dated 13.04.2009. Only replacement pay scales were recommended by Vth CPC for the various posts in the National Sugar Institute, Kanpur and had not given any consideration to make any recommendation for the up-gradation of the pay scale of TA/STA/RA/SRA. Vth CPC had made specific recommendations for upgraded pay scales to various offices under various Ministries/Departments whereas replacement pay scales have been recommended for various posts of National Sugar Institute, Kanpur. The junior Engineer (Electrical) has demanded up-gradation of their pay scale from 1640-2900/- to 2000-3500/- and re-designation as Additional Assistant Engineer. The junior Engineer is a promotion post for Research Assistant (Engg.) in the pay scale of Rs.1400-2300/- with 03 years of service and degree in Engineering or with 05 years of service with diploma in Engineering. Since diploma is basic qualification for the post of Junior Engineer the existing scale is adequate for junior Engineer.
8. The OA No.815 of 2009 was filed before CAT, Allahabad Bench by the employees of the Institute wherein the some of the applicants in the present OA were also the applicants for grant of higher grade pay of Rs.4600/- instead of Rs.4200/- due to merger of three pay scales i.e Rs.5000-8000/-, Rs.5500-90000/- and Rs.6500-10500/- by the VIth Pay RAJEEV KUMAR MISHRA Page 6 of 14 OA No. 542 of 2010 Commission, which was dismissed as devoid of merit. The OA NO.815 of 2009 has been dismissed as there was no specific recommendations of VIth CPC for grant of enhanced grade pay of Rs.4600 on the same analogy as Vth CPC has not recommended their enhanced pay and claim of the applicants is devoid of merit. The Vth CPC has recommended enhanced pay scale for officials working under subordinate engineering cadre and NSI Kanpur is not working under subordinate engineering cadre so the claim of the applicant is devoid of merit. The representation submitted by the applicants as an outcome of the direction issued by this Tribunal in OA No.1577 of 1999 was rejected by giving a detailed reasons mentioned under para 11 of the letter dated 13.04.2009. The President of Association has not challenged the rejection order dated 13.04.2009 and it is implied that they have accepted the decision. In such case, the applicants have no locus standi to further take-up this issue in the present OA. On the basis of above submission, learned counsel for the respondents has submitted to dismiss the OA as devoid of merit.
9. Learned counsel for the applicant has filed rejoinder affidavit and have reiterated the same facts as given in the OA. Similarly, learned counsel for the respondents has filed the supplementary counter affidavit repeating the facts already taken up in their counter affidavit.
10. We have heard the rival submissions and verified the documents available on record.
11. Here, it is relevant to reproduce the order dated 13.04.2009, which is reproduced as below :-
No.C-18015/1/2008-SA Government of India.
Ministry of Consumer Affairs, Food & Public Distribution Department of Food & Public Distribution RAJEEV KUMAR MISHRA Page 7 of 14 OA No. 542 of 2010 Krishi Bhawan, New Delhi.
Dated: April 13, 2009 To, The Director, National Sugar institute, Kalyanpur, Kanpur.
Sub : Representation of NSI Officers & Technical Staff Welfare of pay scales of Association regarding upgradation STA/SRA/TA/STA in response to judgement given by the Hon'ble CAT, Bench Allahabad in OA-No.1577 of 1999.
Sir, The Sr. Technical Assistants/Sr. Research Assistants/Technical Assistants/Research Assistants of National Sugar Institute filed O.A. No. 1577 of 1999 In CAT, Allahabad Bench praying for the following directions to the Union of India:-
(1) Those who are working as Sr. Technical Assistant, Sr. Research Assistant and Research Assistant (Selection Grade) should be given the scale of Rs.6500-10500 w.e.f. from 1.1.1996 which is the date of coming into force of the recommendations of the 5th Pay Commission.
(II) Those who are working as Research Assistants and Technical Assistants should be given the pay-scale of Rs.5500-9000/- w.e.f. 1.1.1996.
2. Hon'ble CAT, Allahabad after considering the nature of the case and the Issue raised therein directed the applicants vide order dated 20.11.2008 to approach the respondents, i.e., NSI and this Department by filing certified copy of the Order of CAT. Hon'ble CAT further, directed that the concerned competent authority dealing with National Sugar Institute shall decide the representation filed by the applicants within a period of three months by passing a reasoned order in accordance with the orders, rules and circulars etc. from the date of receipt of the representation and certified copy of the Order dated 20 November, 2008 of CAT, Allahabad.
3. NSI Officers and Technical Staff Welfare Association submitted a representation dated 16th December, 2008, addressed to Secretary (FPD) forwarding therewith a copy of order dated 20.11.2008 of CAT, Allahabad and other related documents. Since It was not possible to dispose of the representation within the period of three months given by CAT, Allahabad, a letter was sent to Director, NSI for approaching CAT, Allahabad for granting Mansion of time to dispose of the same.
4.The 5th Pay Commission has dealt with National Sugar Institute vide para 67.08 to 67.10 of Its report. The Commission examined the demand made for upgrading the scale of Jr. Engineer (Electrical) of NSI fruin Rs.1640-2900 to Rs.2000-3500/- and its re-designation as Addl. Assistant Engineer (Electrical at par with other posts whose basic qualifications are a Degree Engineering. The Commission rejected this demand on the ground that the Jr. Engineer 13 a promotion post for Research Assistant (Engineering) in the pay scale of Rs.1400- 2300/- with three years service and Degree in Engineering or with five years service and Diploma in Engineering. Commission noted that since the minimum essential qualification for this post is Diploma In Engineering, Its existing pay-scale is adequate. In the same para, Commission recommended that replacement scales elsewhere in this Report will apply to other posts in the Institute, The Commission, therefore, had set out the principle with regard to the pay-scales to be given to the various posts In NSI Including that of STAS/SRAS/TAS/RAs. Para 67.10 of the report of the 5th Pay Commission Is reproduced below:-
RAJEEV KUMAR MISHRA Page 8 of 14 OA No. 542 of 2010 "67.10 : The Junior Engineer (Electrical) in the scale of pay of Rs.1640-
2900/- has demanded upgradation to the scale of Rs.2000-3500/- and re- designation as Additional Assistant Engineer (Electrical), as for others whose basic qualifications are a degree in Engineering. We observe that the Junior Engineer is a promotion post for Research Assistant (Engg) in the pay scale of Rs.1400-2300/- with 3 years service and degree in Engineering or with 5 years service and diploma in Engineering. Since the minimum essential qualification for this post is diploma in engineering, its existing pay scale is adequate. Replacement scales recommended elsewhere in this report will apply to other posts in the Institute."
5. The 5th Pay Commission vide paragraphs 43.15 and 43.16 of its report also examined grant of Direct Entry pay scales for graduates, engineering graduates, post-graduates and CAs, etc. In para 43.15, Pay Commission observed that Incumbents of a large number of posts requiring qualification of ordinary graduation for a three years degree course for engineering, fine arts, et: are in different scales of Rs.1200-2040, Rs.1200-2300, Rs.1400-2600, Rs.1600-2660 and Rs.1640-2900/-. In order to bring about improvement, the Commission proposed to Induct entrants to the post requiring graduation, three year; degree course, etc as minimum entry qualification in the scale of Rs. 1400-300, Rs. 1600-2660 and Rs.1640-2900. The Commission felt that most of the Jr. Engineers, Jr. Scientific Assistants, Technical Assistants, Investigators, etc., who were then distributed in these different scales would be benefited by this measure of rationalization. The Commission, however, noted that there might still be some exceptional cases where this improvement had not been affected and this had been due to various factors like job content, skill requirements, Inter se horizontal and vertical relativities.
6. In the case of posts requiring engineering graduates, post graduates, CAs, etc., as the essential qualification for direct entry, the Commission proposed the scale of Rs.2000-3500/- but at the same time observed that there may still be cases where posts requiring any of these qualifications had still been continued in scales like Rs.1600-2660/- or Rs.1640-2900/-. Commission clarified that this was due to the fact that apart from recruitment qualifications, there were other factors which had also been taken into consideration in the determination of pay-scales for various posts.
7. In line with the clarification provided by it in paragraphs, 43.15 and 43.16, the Commission upgraded the scale of Rs.1400-2300/- applicable to TA and RAS, to Rs.5000-8000/- In some cases and to Rs.5500-9000 in some other cases. The same applies to the upgradation of scale of Sr. Technical Assistants/S. Research Assistants to Rs.5500-9000 in some cases and Rs.6500-10500 in some other cases. The extracts taken from part (C) of 1 Schedule of the CCS(RP) rules 1993- 94 as reproduced in the table below Indicate that both the scales of Rs.5000- 8000/Rs.5500-9000 and Rs.5500-9000/Rs. 6500-10500 have been recommended for the scales of Rs. 1400-2300 and Rs.1640-2900, respectively:-
Sl. No. Ministry/Department/Office Post Pay Existing Pay revised th th before 5 by 5 CPC CPC (Rs.) (Rs.) 1 Agriculture & Cooperation STA 1640-2900 6500-10500 TA 1400-2300 5000-8000 2 Directorate of Plant, STA 1640-2900 6500-10500 Protection, Quarantine & storage RAJEEV KUMAR MISHRA Page 9 of 14 OA No. 542 of 2010
-do- TA 1400-2300 5500-9000 3 All India Soll & Land Use SRA 1640-2900 6500-10500 Survey RA 1400-2300 5500-9000 STA 1640-2900 5500-9000 TA 1400-2300 5000-8000 4 Deptt of Animal Husbandry & STA 1640-2900 8000-13500 Dairying 5 Delhi Milk Scheme TA 1400-2300 5000-8000 6 Ministry of Civil Aviation & STA 1640-2900 6500-10500 Tourism 7 Min. of Consumer Affairs & STA 1640-2900 5500-9000 PD 6500-10500 8 Ministry of Defense
(i) College of Military Engg. SRA 1640-2900 5500-9000 Jr.RA 1200-2040 5000-8000
(ii) Directorate of Signal STA 1640-2900 6500-10500 Intelligence 9 Min. of Environ & Forests
(i) Wild Life Division RA 1400-2300 5000-8000 TA -do- -do-
(ii) Forest Survey of India STA 1640-2900 5500-9000 6500-10500 JTA 1400-2300 5000-8000 10 Min. of Food TA 1400-2300 5000-8000 RAJEEV KUMAR MISHRA Page 10 of 14 OA No. 542 of 2010 11 Ministry of Food Processing TA 1400-2300 5000-8000 Industries STA 1640-2900 6500-10500 12 Min. of Health & Family TA 1400-2300 5000-8000 Welfare 13 Home Affairs STA 1600-2660 5500-9000 14 HRD TA 1400-2300 5500-9000 RA 1640-2900 6500-10500 15 National Museum TA 1400-2300 5500-9000 16 ASI STA 1400-2300 5500-9000 17 Min. of Industry TA 1400-2300 5000-8000 18 GSI STA 1640-2900 6500-10500 JTA 1400-2300 5000-8000 19 IBM STA 1600-2660 5500-9000 20 CVC TA 1400-2300 5500-9000 The 5th Pay Commission recommended the following replacement scales for office staff working in organizations outside the Secretariat:-
SUBORDINATE ENGINEERING CADRE:
Pre-revised Scale Scale revised by 5th Pay Commission Rs.1400-2300/- Rs.5000-8000/-
Rs.1600-2660/- Rs.5500-9000/-
Rs.1640-2900/- Rs.5500-9000/-
Rs.2000-3200/- Rs.6500-10500/-
Rs.2000-3500/- Rs.6500-10500/-
RAJEEV KUMAR MISHRA
Page 11 of 14
OA No. 542 of 2010
In line with the principle laid down by the 5th Pay Commission vide para 67.10 of its report, replacement scales as indicated above were given to the various posts In National Sugar Institute Including that of STAS/SRAS/TAS/RAS.
9. National Sugar Institute vide their letter dated 18th November, 1997 had forwarded the post-wise proposal for upgradation of pay-scales for certain common categories of staff. This proposal also included upgradation of pay-scales for the posts of Research Assistants, Technical Assistants and Sr. Technical Assistants of various disciplines such as, agriculture, organic, bio-chemistry, physical chemistry, statistical, sugar technology, etc. The proposal was examined in the Department of Food and Public Distribution in consultation with the Integrated Finance. The IF Division did not agree to the proposal. The reason given by the IF Division for rejecting the proposal is reproduced below:-
For these posts, Sugar Division has referred part 'C' of the Gazette Notification dated 30.9.97 and has proposed for upgradation of the existing pay scales of these technical posts. However, It has been found that these posts have not been Included by the Govt. In part 'C' of the Gazette Notification dated 30.9.97. Sugar Division has also referred para 43.15 and 43.16 of the 5th Pay Commission's report wherein it has been proposed to Induct entrants to the post requiring graduation, 3 year Diploma courses etc. as minimum entry qualification in the scale of Rs.1400-2300, Rs.1600-2660 and Rs.1640-2900. In para 43.16, it has been mentioned that the scale of Rs.2000-3200 and Rs.2000-3500 have been Identified as direct entry grades for degree holders in engineering and law, post graduates In any other subjects, Chartered Accountants, Cost and Works Accountants, etc. Such categories of posts which have been specified in part 'B' and 'C' of the Gazette Notification dated 30.9.97 are the posts for which Pay Commission has recommended and Govt has accepted the recommendations of Pay Commission for higher pay scales. As these technical posts have not been specified either In Part 'B' or in Part 'C' of the Gazette Notification, It appears that recommendations made In paras 43.15 & 43.16 of the Commission's Report have not been accepted by the Government. We may not therefore agree for upgradation of these posts as proposed by Sugar Division."
10. It is also pointed out that as explained in para 5 to 7 above, the 5th Pay Commission has not uniformly upgraded the pay scales of Rs.1640-2900/- to Rs.
6500-10500/- applicable to the posts of Sr. Technical Assistants/Sr. Research Assistants existing in various Ministries and Departments. Both the scales of Rs.5500-9000 and 6500-10500 have been recommended for the scale Rs.1640- 2900 in different Departments/Offices. Same is the case with the upgradation of scale of Technical Assistants/Research Assistants from Rs.1400-2300/- to Rs.5000-8000/Rs.5500-9000/-. The 5th Pay Commission had clarified the reasons for not giving a uniform revised scale vide paras 43.15 and 45.16 of its report. It has been stated that this has been due to various factors like Job content, skill requirements, inter se horizontal and vertical relativity.
11. From the position stated above, it is evident that 5th Commission had only recommended replacement scales for the various posts in the National Sugar Institute and had not considered it necessary to make any recommendations for the upgradation of the scales of the STAS/SRAS/TAS/RAs. Had it been the Intention of the Pay Commission to upgrade the scales, it would have made specific recommendations as in the case of other offices under various Ministries/Departments. The representation dated 16.12.2008 submitted by the NSI Officers & Technical Staff Welfare Association for upgradation of pay-scales is, therefore, rejected for the following reasons:-
(i) The Fifth Pay Commission vide para 67.10 of its Report had recommended only replacement scales to the posts In National Sugar Institute.
RAJEEV KUMAR MISHRA Page 12 of 14 OA No. 542 of 2010
(ii) The 5th Pay Commission did not make any specific recommendation for upgradation of pay scale of any post including that of STA/SRA/TA/RA in NSI.
(iii) There is no recommendation of 5th Pay Commission for uniform upgradation of pay-scales of Sr. Technical Assistants, Research Assistants, Technical Assistants/Research Assistants from Rs.1640-2900 to Rs.6500- 10500 and Rs.1400-2300 to Rs.5500-9000. The reasons for not upgrading the scales to this level in some cases have been Classified in para 43.15 and 43.16 of the Report of 5th Pay Commission.
(iv) The 5th Pay Commission had examined the National Sugar Institute vide paragraphs 6.8 to 6.10 of its report and had made specific recommendation for granting replacement scales only to the various posts in the said Institute. This appears to be the reason for the Pay Commission not making any recommendation for upgradation of the pay-scales of the Sr. Technical Assistants, Sr. Research Assistant, Technical Assistants and Research Assistants in NSI. In the face of specific recommendations of the 5th Pay Commission to grant only replacement scales to the various posts in NSI, the demand of STAS/SRAS As/RAs of NSI to upgrade their pay-scales is not justified.
(v) In the Report of the 6th Pay Commission again, specific recommendations have been given regarding the STAS/ SRAS /TAS/RAs of NSI, Kanpur. Therefore, replacement pay bands and grade pay have been given to them. Moreover, in the report of 6th CPC the pay scales of Rs.5000-8000, Rs. 5500-9000 and Rs. 6500-10500 have been merged into Pay Band 2 of Rs. 9300-43800 with grade pay of Rs.4200/-.
12. NSI Officers & Technical Staff Welfare Association may be informed accordingly.
12. In para 67.10, the Vth CPC has dealt with the issue, which is reproduced as below :-
"67.10 : The Junior Engineer (Electrical) in the scale of pay of Rs.1640- 2900/- has demanded upgradation to the scale of Rs.2000-3500/- and re- designation as Additional Assistant Engineer (Electrical), as for others whose basic qualifications are a degree in Engineering. We observe that the Junior Engineer is a promotion post for Research Assistant (Engg) in the pay scale of Rs.1400-2300/- with 3 years service and degree in Engineering or with 5 years service and diploma in Engineering. Since the minimum essential qualification for this post is diploma in engineering, its existing pay scale is adequate.
Replacement scales recommended elsewhere in this report apply to other posts in the Institute."
The 5th Central Pay Commission (CPC) examined the demand raised for up-gradation of the pay scale of Junior Engineer (Electrical) from Rs.1640-2900/- to Rs.2000-3500/- and also its re-designation as Additional Assistant Engineer (Elect.) at par with other posts whose basic qualifications are a Degree in Engineering. 5th CPC rejected this demand on the ground that Junior Engineer (Electrical) is a promotion post for Research Assistant (Engg.) in the pay scale of Rs.1400-2300/- with three years service and Degree in Engineering or with five years service and Diploma in Engineering. Commission noted that since the minimum essential qualification for this post is Diploma in Engineering, its existing pay scale is adequate.
RAJEEV KUMAR MISHRA Page 13 of 14 OA No. 542 of 2010 In the same para, commission recommended that replacement scales elsewhere in this report will apply to other posts in the institute and had not recommended for up-gradation of any of the pay scales at National Sugar Institute, Kanpur.
13. It is relevant here to quote part of paragraph 06 quoted in OA No.815 of 2009 decided on 30.11.2010, which is reproduced as below :-
"2. In the report of the Fifth CPC, in some cases, recommendations were made for the higher pay scales to the Senior Research Assistants i.e. ₹6500-10500 but in some cases the pay commission has recommended pay scales of 5500-9000 for this category as in the case of College of Military Engineering. Therefore, in absence of any specific recommendations with regard to the Senior Technical Assistant/Senior Research Assistant working at this institute, the replacement pay scales were given to them. Same was the position regarding Research Assistant/Technical Assistant."
14. On the basis of above consideration, it is clear that upgraded pay demanded by the applicants, which was earlier pay scale of the Junior Engineer was denied to them on the basis that applicants were in the feeder cadre for the promotion of Junior Engineer and pay scale of Junior Engineer were not enhanced but only replacement pay by the Vth CPC was recommended and agreed to by the Government and in such an exigency if the claim of the applicants is accepted, it will not be correct that persons in Feeder post and persons in promoted post should have the same pay structure. We do not find any infirmity in impugned order dated 13.04.2009, which is reasoned and speaking one. The applicants have failed to establish their claim. The OA is liable to be dismissed and accordingly is dismissed. No order as to costs.
15. All MAs pending in this O.A. also stand disposed off.
(Mohan Pyare) (Justice Om Prakash VII)
Member(Administrative) Member(Judicial)
RKM/
RAJEEV KUMAR MISHRA
Page 14 of 14