Central Administrative Tribunal - Kolkata
S Appa Rao vs Tourism on 29 March, 2019
1 O.A. 186/AN/2015 $ CENTRAL ADMINISTRATIVE TRIBUNAL ' KOLKATA BENCH, KOLKATA (CIRCUIT SITTING.AT PORT BLAIR) No. OA 186/AN/2015 Date of order: 24'0 5 -
Present Hon'ble Ms. Manjula Das, Judicial Member Hon'ble Dr. Nandita Chatterjee, Administrative Member Shri S. Appa Rao, S/o. Late Adinarayan, Working as ^ A In the^epSrtmehMMsm, A t'Nl^inistratiai^p • K- ai V| d1 me 55?:
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Per Dr. Nandita Cha^teriei^Administrative Member:^^ Aggrieved at disparity in Grade Pay between the posts of Sail Maker, Tourism vis-a-vis Sail Maker, Shipping, the applicant has approached the Tribunal for fixation of his Grade Pay at Rs. 2800/- at par with that receivable by the Sail Makers in the Directorate of Shipping Services.
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2. Heard both Ld. Counsel, examined pleadings sans rejoinder and &• documents on record. Ld. Counsel for the applicant would cite the orders of the Tribunal in O.A. No. 113/A&N/1994 dated 25.7.1997, in support of his claim.
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3. The applicant's submissions, in>brief,-are that, the applicant is a permanent employee in the Department of Tourism who was appointed to the post of Sail Maker on 24.3.1993, receiving at the time of filing of the application, a monthly salary of Rs. 28,464/- including Grade Pay of Rs. 2000/-. The applicant has referred to his counterpart in the Directorate of Shipping, who, although not impleaded, was reportedly appointed on 27.4.1996, and who is ^rawing a ' monthly salary to the extent of Rs. 35,729/- with a Grade Pay of R§ : ||/-. As the applicant is receiving a Grade^Pay of 6hlyi;Rs.;v2p00/-, he had rep ted on 13.7.2015 to the re?^on<Jeri&aHtio|t^, fer- erStosed' $ |py on ' grounds of sipilrity33|%s%work and responsibilitiesMti^at .of w ker of if Vx^-' Directoratefcf Sfilping. GivenithWftfSpli^Syh® authdHties||S and, J ri /' if ■ -Jn 1 I # irl 2fe' • being jjg^. .he ejftojted the.^ pin the '!! !:■ BBi iTh^plicant'slK^d&sinJ^^^jrflielairoraar^rimarily,, StA.
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(iii)\Th^liff«^ce in^rade Pay ofJtp«#pliC|^o Jfe ejpt-of Rs.
■V' mgi- il.arbitrartf jlleg^nd wh|i|ipal "and^that ^re#ppndents *■ have notirespohdedirpositively to his.prayer datgd 13.7.2015.
4. On the contrary, th^^spondgnt^aya^glied that the applfeant was engaged as a Temporary Sail Maker as per the recruitment rules notified on 28.12.1992 in which the qualification and experience prescribed for the post was "pass" in Vlth standard and fair knowledge in Tailoring Work. Hence, the educational qualification and professional experience were kept at a minimum for the post to which the applicant was appointed. The amended recruitment rules for the post of Sail Maker under the Directorate of Tourism was formally notified on 18.3.2011, according to which, the educational requirements for direct ^• *+>■ 1 . V •: , ;
.3 O.A. 186/AN/2015 recruitment was "passj' in Secondary .school examination from a recognized board/institute, knowledge of-tailoring and proficiency in trade test. A pay scale of Rs. 5200-20200/- + Grade Pay of Rs. 1800/- was notified for this post. On the other hand, in March, 2011, the recruitment rules for Sail Maker in the Directorate of Shipping was also notified in the pay scale of Rs. 5200-20200/- + Grade Pay of Rs. 1900/-. The said post was to be filled up by promotion from amongst :i.
with^^yesrs Mazdoors in the pay scale PB-1 with Grade Pay of Rs. 1800/-
regular service in the.grade^h^^^ld'^l^5':,^av^4o''cluaJify in eptal £>■ trade test. The reqilsite raanSltlhpiiullilBatiqns.. were ,10th •m a Recognized Bdard/llstltull, certificate of Tailoring TPori|^a n titute % %stw llrable (ITI) ^ i i/Z% r: r:
qualificalion*!%4 If?
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ed not etc. AccJUftf i of the IW I I i\M lalifications. as,Jlso in job res|pnsibilitjes^the'%pt)lieant cannot claim pa|.jty^ I MakeK in the %.
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5. Ths •in'^the^msta pplteatiqn is whether the appli^nt, wi^ls&a Sail Maker in the^Dfepartmiht of Tourism, can <0* claim equal pay for equal%brk in the Directorate of Shipping.
6. At the outset, we examine the recruitment rules notified on 28.12.1992 which prevailed at the time of the applicant's appointment to the post. The post of Sail Maker, Directorate of IP & T, was classified as General Central Services Gr.
D' Non-Gazetted (Non-Ministerial). No notifications have been furnished on the responsibilities of the Sail Maker in the said department, but the essential qualifications are noted as Vlth Standard pass with fair knowledge in tailoring 4 O.A. 186/AN/2015 work subject to profici^ocy in trade test, the 2011 notification is, however, more detailed. The recruitment rules as well as duties and responsibilities of Sail Maker as per, Recruitment Rules, 2011 (as annexed as R-6 to the reply) are extracted as under:-
.V ({it THE ANDAMAN AND NltOBAR EXTRAORDINARY GAZETTE. MARCH 18, 2011 SCHEDUtE-H Recruitment rule for the post of Sail Maker. Directorate of Tourism., mmian and Nicobar Administration. Port Blair
1. Name of post
2. Number of post
3. Classification jr ^.ill Genera) Centrll ^e#i^& Gf^f mk Gazetted, Non-Ministerftr
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p3P pmtsm?**1' e,«i«pa»» Wg^sdpion Post||W%- fot|Pf|:aWf^
6. WlfethecMnefit of ad|^ ye%dfi m.
flrvice^ admissible Ji!iridertr.ule f & m K..
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7. IIAge Omit for direct ipruitmenfe^ 1$ . -■m. ^si i s K(RelakaM!!:forGd^ernniWit Servant if|t^%ccordpce witl 5- i • !f &.
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Xi l^ote: T$je Sluciaflllte for determinif^the fj fagellimikshaiiiW the_j:lpsing date fbf th^ % frOj 1 % EL 8, Edlicational;' /^and^ Jother Essential: W ^ % qualificatiofis 4^\red fdrj, direct (1) Must have Raised pi^idary Sjj^dol.
recrufe ^ ■#> Examination^xK Std.^from # reconroied
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^Board/lnstitut ion .,9, " J
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^4 fe(2) Kncwvlpge^ bp Tailoring gr Should
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9. Whether age^and iducational Not applicable ,=T6' qualifications presGribed fof%ire6t« .-MB-' recruitment will appty^lrktjje case of promotees?
10. Period of probation, if any 02 (Two) years
11. Method of recruitment whether by 100% by direct recruitment direct recruitment or by promotion, transfer and percentage of the "i.
vacancies to be filled by various methods.
12. In case of recruitment whether by Not applicable promotion/deputation/transfer from which . .
promotion/deputation/transfer to be made
13. If a DPC exists, what is its Group tC> DPC (for confirmation^ composition? consisting of:
1) Director (Tourism) -Chairman
2) Dy. Director (Tourism) -Member
3) Asst. Secretary (Perl.) -Member
14. Circumstances in which UPSC is Not applicable V".
v»' ? • ' ' I ^ 5 O.A. 186/AN/2015 to be consulted in making recruitment i** fj*;
15. Job Description Attached as Annexure to Schedule ANNEXURE TO SCHEDULE-II ■i .
Duties and Responsibilities of Sail Maker
1. He should always keep in mind that guest/tourist satisfaction is the motto.
2. He should be well behave and courteous while attending the tourist/guest ■
3. He should facilitate the tourist/guest while checking in/checking out s-and extend other courtesy. .. . . : 'fi> 4/ He should have basic knoy^^e^f^cRil^^Tt^n^ble cloth, apron, . ir etc.
5. He should be able to^plfr the Sewihg'.Ma^ine 'when''nStsi^iproper 'cod^M^®:
6. He should have .|ja6lc'knoWiedge|pftd5^l^#h^bed making^cleaninfl^J®
7. He should be#iady t^g^n^JOlprair^ibh^Wilh^ljlj^tiaghient'®^ ^ use like Front office/Pieceptieh^itChen, Restaurant, HouseUeepi|i"g^tc.
8. He should^attend^fe^aliy other works as may be assigned'byftt®
9. Well bgfevg^la^ourteous." ' d mm fS! 'M ji ;■ . J of thfeother hand^%re^uitf|e|t ^fb^H^post of in the Directorat along wilM ib lisption as|ai(ig||^^i^^jstoj mi I' !! S:
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1' ' M-i PIMPS P<bR THb RECRUmSitlT Iflll WaKER lriKHE ESTA DIREItORaIe OF^HIPPlN"©ISEftVlcSs,^A iDfiliNlfTiiSbN 4 w»' 1^4. # m %4-
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01 Nime of post?' w. "slrasi&r £«****? %
02 Nd^jberof^ & ■
08(Eight)(2011)'f ... #' 'XjF (Subject to variation d on J&hrk \ %* %u load) . W 03 Classifi^ition General^Central^Sfrvices, gfoup Non-
•V' x Gazetted,,,Minlltedal* *,v #' 04 Pay Band 'tand Grade Pay/Payl ■p Sy,Jana,IRsr5200-20200 Py rade Pay i ' Scale s.. i9od/-
05 Whefher selectiorixpgst or ^non- ^Q^SeLectiG^vW-'
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06 Whether benefit of added yea?^df4^NpifeappliGable,
service admissible V
07 Age limit for direcfrecruits 18-33 years for male
18-37 years for female
(Relaxable for Govt. Servants up to 5 years in accordance with the instructions/dflfcs issued by the Central Govt, from time to time) NOTE: The crucial date for determining the' age limit shall be the closing date for the receipt of applications/names from candidates/ Employment Exchange, A&N Islands.
08 Educational and other Essential:
qualifications required for direct (i) l Pass Secondary School (Xth Std.) recruits Examination from a recognized Board/Institution.
(ii) Should possess certificate of Tailoring S- , •
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/ Desirable:
Two (02) years experience in the Tailoring <*■ work.
09 Whether age and educational No qualification prescribed for direct recruits will apply in the case of promotes 10 Period of probation, if any 2 (Two) years (for direct recruit) 11 Method of recruitment whether by Promotion, failing which by direct recruitment.
direct recruitment or by promotion or by deputation (ISTC) and / percentage of the! posts to be filled by various methods.
12 In case of recruitment by From amongst the Mazdoors promotion/deputation(ISTC)1 scale in PB-1 with Grade Pay of ^^plO grade from which promotion/^ Tegular service in £^*'"**' e-
deputation to be made and qualify in W&de.partmental trad^jj
13 If a DPC exists^^hat _ is its
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^^Job Description to the bost of Sail h/laker ,4^ /'I i ..1
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1. %To attend all;the jobs inihe Sail Maker Shop as p% daily allopljjo 2v
2. %) att^nd-all^thb stitching (Sail Maker) job of various^ess^iV&CiajBcky Vs ^section dfeperr%^ateprocedi3re^. : &* / j • 3. ' All other joos as'and wjjen allbcated^by^Ciperiors." ■, %% r .* % ......... jff.
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(i) The educationat'ifttejfa.eLg^.atial^i^'ifications required;fdr direct recruits aspiring to be Sail Makers in the Directorate of Shipping are more stringent than that of the Sail Makers in the Department of Tourism as because those aspiring for the post of Sail Maker in the Directorate of Shipping should, in addition to passing out at Secondary School level, possess a certificate of tailoring from recognized Institute (ITI) with a desirable qualification of two years
-y experience in tailoring work.
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7 O.A. 186/AN/2015
(ii) For those aspiring for .the post of Sail Maker through promotion in * ' M the Directorate of Shipping, the feeder cadre would be from' Mazdoors in the pay scale in PB-1 with Grade Pay of Rs. 1800/- with three years regular service in the grade who should qualify in the departmental trade test.
Undisputedly, those with Grade Pay of Rs. 1800/- will serve as the-
/ feeder cadre tb the post of Sail Maker in Directorate of Shipplf^^jhich has •art/ been allowed the Pay^and^df'R^SSO^O?^/- with of Rs.
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t def)lridirigf|hahAat in the bepartme.SWf raurisrTT%(Tane •1|B,job of
% the^Slil^Maker would be confined ^basicWoWjjsagelP: stitching % f * N-.
ai^in^ble ^ #' ' Hence, bot^TnJerms^ot.academic and essential quatfflcatroW«s wdll as iB?S' ■ job responsibilities, the rerjtB^ite&^.^e^syjfeS^iiTi/laker in the '©iifectorate of Shipping are much more stringent and demanding than that of a job of a Sail Maker in the Department of Tourism.
.! .v Legally speaking "Equal pay for equal work" means that persons doing identical work under the same employer are not to be treated differently in relation to their pay and assumes the character of an enforceable Constitutional right. In this instaht matter, it is factually established that the nature and quality of J/
-8 OA186/AN/2015 jobs of Sail Maker^ln Tourism Department and Sail Maker in Directorate of Shipping are not identical.
While referring to Kishori Mohanlal Bakshi v. Union of India, AIR 1962 V SC 1139, the three Judges' Bench in Randhir Singh v. Union of India, AIR 1982 SC 879 held as follows:-
/ "It is well known that there can be and there are different grades i^Mgfvice, with varying qualifications for entry into a particular grade, the higher gradftippn being a promotional avenue for officers of the lower grade. The higher for the higher grade, which may be either academic qualifications or exped^^ bsed on. length of service, reasonably sustain the classification of the officers intO;!^ [ades with different scales of pay. Th^pnn^H^^iiar^iysfg^equai work woulii^p ii-'abstract doctrine not attractingjAftr^M if soughtj^begpplied.'tow1- "
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In the instaht maj^rk f|4^« ^S%iff M^PShippi m ciously
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accorded a ^higher if^de pay and those^vyith Grade i: waa to
serve as#a' fee%r cadre t^fch ftiighier |rall^dence, the j vj- •
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providia ini» ............ Itest in
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the |rind|#of equal payjo^uhlJwl| was^uatfplittc^e wherein t ossification y* y.as based.oh educatlon^^lfelij. | V 8 I ;I rg-
Ii of up, mm 4 i see 2% it wis Jeld that jle principle does i®a^ly'A(^ the# was a \ , _■.***. .sS*-/ £:■■■■■ difference ift^iutils^nMunc.tions^ ^ %*3Sh " d! ■ y Hon'bl^pex d^uij obselvilWMdeiiliifijgh v. V-ySsJ*Muiii Mishra, 1987 (Suppl.) SCC 257 that^the princpe^will=not^apply when^tw/o groups of persons are not performing the same kin^&^Woflff^^as held in State of URy/J.P. Chaurasia, (1989) f SCC 121, if there is difference in the quality of work performed.
In Union of India v. Tarit Ranjan Das, (2003) 11 SCC 658, the Hon'ble Supreme Court ruled that equal pay cannot be claimed merely because of same i-
or similar designation in two separate services.
\n Federation of All India Customs & Central Excise Stenographers v.
Union of India, AIR 1988 SC 1291 the Hon'ble Court held as follows:-
9 OA186/AN/2015 >
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''....The problem about equal pay cannot always be translated into* a mathematical formula. It has a.fStional nexus with the object to be sought for, as reiterated before a . certain amount of value judgment of the administrative authorities who are charged with fixing the pay scale has to be left with them and it cannot be interfered with by the Court unless it is demonstrated that either it is irrational or based on no basis or arrived at mala fide either in law or in fact."
The burden to establish the right to equal pay is on the person claiming the ;
same and, as held in Sfafe of Punjab v. Surjit Singh, 2009 (9) SCC 514* for the applicability of the doctrine, the Court will insist on strict pleadings and proof of ft . . ■' * relevant factors including the mode and manner of selection faS:4gfltry. into service.
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In the instant app ossess
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tailoring skills^JInd thpt^he Is engaged by the saiitf ^N A bn; the applicants i^sbeen equl^^^^' ton his £y.
pleadin|4 of'in.the proo^%^t4c|br| l^th^l^it has^^ [blished that tJ^lq^ation^iJStib^A^fti&^^'afide-
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Bearls ib Guest Hipgs/l^tHlus^ c|A^4Mjninfetration, thjsame ljm'
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scale ^enjoye^d; of^Raj Niwas and^je^^fna^fewnd thj^both in
terms of.^ss^ti^fiaalifi^iQns as well as Ju^ctiopahires^onsit^ies, the \ ^ / m: ■ ^ parameters laid downjn th§'GSs:e3qt,Cook-cum: i|ar4rs in ,©uesyTOuses/Circuit 'if. J1 fT' ■ ■ ' % . '^V 5F f Houses of the Adfftinistratibn^vere no less stringent'than .t^ST-Of the Cook-cum-
Bearers of Raj Niwas/Secretariat,i.Mgreover„ ttieJduties of the former being more< onerous and additional in nature, the principle was made applicable to tb£ Cooks of the Guest Houses/Circuit Houses.
In the instant matter, it has been factually established that the essential qualifications in the Directorate of Shipping are more rigorous, the duties are i more demanding and the quality of duties differ from the duties of Sail Maker in ;
Tourism.
\ ;r ~f/ ,1, 4 > r 10 O.A. 186/AN/2015 Further, a reasopable classification has been made between the feeder ^ ?
grade and the grade accorded to the post of Sail Maker, Shipping thereby satisfying the ratio in Randhir Singh (supra).
7. Hence, considering the entire conspectus, both from points of facts or law » we feel that the applicant has not been able to satisfy his claim for equal pay vis-
;
a-vis that of a Sail Maker in the Directorate of Shipping. /
8. Accordingly, the O.A. is dismissed on merit. There will be n0||^br& on costs.
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