Central Administrative Tribunal - Jodhpur
. vs Union Of India Through The D.G.M on 11 May, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
JODHPUR BENCH, JODHPUR
O.A. No. 290/00037/14
Jodhpur this the 11th May, 2016.
CORAM
Honble Ms Praveen Mahajan, Administrative Member
Ranvir Singh S/o Shri Nanak Ram, Aged 43 years, by caste Jat, Resident of M-10, Mosam Vibhag Colony, Meera Chowk, Ashok Nagar, Sri Ganganagar (Rajasthan).
.Applicant
(By advocate : Mr G.J. Gupta)
Versus
1. Union of India through the D.G.M., India Meteorological Department, (M.O. Earth), Regional Meteorological Centre, Lodhi Road, New Delhi.
2. Weather Radar Station, Meera Chowk, Ashok Nagar, Sri Ganganagar (Rajasthan).
(By Advocate : Nimesh Suthar)
...Respondents
ORDER (Oral)
The controversy in present Original Application is limited to the claim of the applicant to direct the respondents to give him the salary of Scientific Assistant from 15.01.2012 to 10.03.2013 alongwith interest @ 18% p.a.
2. The applicant appointed as Peon in temporary capacity vide order dated 04.01.1994 and promoted to the post of Meteorological Attendant (Met. Attendant) vide order dated 13.04.1999. The applicant is holding the post of Met Attendant and has undertaken training in Meteorology in the India Meteorological Department, Pune in the year 2008. As per the applicants claim, during the period 15.01.2012 to 10.03.2013, he was assigned duty on the post of Scientific Assistant in the office of Respondent No. 2 but was not paid the salary of the post of Scientific Assistant. The applicant also filed RTI applications dated 11.02.2013 and 27.08.2013 seeking certain information from the respondents. Being aggrieved with the action of the respondents in not paying the difference of salary of the post of Met Attendant and Scientific Assistant, the applicant has filed the present OA.
3. The respondents in their reply have inter-alia averred that strength of staff in Meteorological Observatories depends upon the nature of work and usability of a particular observatory. Some observatories have hourly observation round the clock, having BACD roster whilst others take observation on six to twelve hour basis, having AB AB roster. The said roster duties are generally performed by the officials in the cadre of Scientific Assistant, Assistant Meteorologist Gr. II or Gr. I and as and when required, by senior officers from the Meteorologist/Scientist B. There is another post of Laboratory Assistant in the IMD for taking observation on all Meteorological elements in the field observatories. The duties of the post of Meteorological Attendant, which is now in Group C post having Grade Pay of Rs 1800/- after implementation of recommendations of 6th CPC, is for general up-keep of work benches, cleaning of equipment, coil widening, oil greasing of machines and drills, to assist in arrangement for charging H.P. & L.P. portable hydrogen generators and any other technical units. After implementation of recommendations of 6th CPC, all the Meteorological Attendants who are10th pass, have been imparted Modular Training to perform the observational work in I.M.D. and have been put into the work to take only observations in the observatories. The respondents have averred that the applicant who passed the Modular Course of Training in Meteorology with distinction in the month of August, 2008, was assigned to perform the work of taking observation during the period 15.01.2012 to 09.03.2013 due to shortage of staff, and because he was a Met Attendant in BACD roster. The respondents have stated that the applicant has performed regular duty of Met Attendant only and thus, is not entitled for pay of Scientific Assistant.
4. The applicant has also filed rejoinder, reiterating the averments made in the OA.
5. Heard both the counsels and perused the record.
6. The applicant, Met Attendant was put in BACD roster for the period 15.01.2012 to 09.03.2013 to take observations as per the approved guidelines and not put in the duty of Scientific Assistant. I find that the Scientific Assistant is a Group B Non-Gazetted post carrying Grade Pay of Rs 4200/- in P.B.-II. Whereas the post of Met Attendant is a Group C post carrying Grade Pay of Rs 1800/- in P.B.-II. The minimum qualification for Scientific Assistant, which is a Direct Recruitment pots, is B.Sc. and at very high pedestal in the hierarchy of posts with respect to Met Attendant. The post of Met Attendant has become Group C post after implementation of recommendations of 6th CPC and 10th pass incumbents have been imparted Modular Training. Thereby the applicant became capable to take observations in BACD roster during shortage of staff.
7. Considered the rival contentions and also perused the record.
8. Merely because the applicant has assigned the duty to take observations during the period 15.01.2012 to 09.03.2013, being a trained Met Attendant in BACD roster, does not qualify him for receiving the pay of a Scientific Assistant which carries higher duties & responsibilities other than taking observation in an observatory. It is noted that it was a policy decision of the competent authority to utilize the services of trained Met Attendants to take Meteorological observation. Not only is there a huge difference in duties and responsibilities between the two posts but even the qualifications vary, which the respondents have very elaborately explained in their reply. The commonality of one work does not entitle the applicant for receiving pay of the other post. The applicant has not based his claim on the premise of any rule. It is also noted that the applicant has also been paid OTA/Comp. Off for extra duty performed by him as per reply dated 23.09.2013 placed on record by the applicant himself, with the rejoinder.
9. In view of discussions hereinabove made, the OA lacks merit and the same is, thus, dismissed with no order as to costs.
[Praveen Mahajan] Administrative Member ss/ 2