Central Administrative Tribunal - Gauhati
Vinod Kumar Nautiyal vs M/O Home Affairs on 21 March, 2023
1
CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 043/00215/2017
Date of order: This, the 21st day of March, 2023
HON'BLE SMT. URMITA DATTA SEN, JUDICIAL MEMBER
HON'BLE DR. SUMEET JERATH, ADMINISTRATIVE MEMBER
BETWEEN
1. Shri Vinod Kumar Nautiyal
Hindi Translator Gd-II.
2. Shri B.K. Pandey
Hindi Translator Gd-I.
3. Shri Vijay Kumar
Hindi Translator Gd-II.
4. Shri Nripen Chandra Bhowmik
Hindi Translator Gd-II.
5. Shri N.S. Rathore
Hindi Officer.
6. Shri Ravi Mohan Dwivedi
Hindi Translator Gd-II.
7. Shri Anand Kumar Gupta
Hindi Translator Gd-II.
8. Shri Sanjeev Paul
Hindi Translator Gd-II.
O.A. No. 215/2017
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9. Smt. Asit Kamal
Hindi Translator Gd-I.
10. Shri Devendra Singh
Hindi Translator Gd-II
(Now Hindi Translator Gd-I).
11. Miss Parbati Pyngrope
Hindi Translator Gd-II.
12. Shri Sunil Kumar Singh
Hindi Translator Gd-II.
13. Shri Mahendra Singh
Hindi Translator Gd-II.
14. Shri Pramod Kumar Singh Rathore
Hindi Translator Gd-II.
15. Shri Praveen Kumar
Hindi Translator Gd-II.
16. Shri Sashi Kumar Barman
Hindi Translator Gd-II.
17. Smt. Rashmi Rekha Das
Hindi Translator Gd-II.
18. Shri Nabrun Dev
Hindi Translator Gd-II.
...Applicants
By Advocate: Sri M. Chanda
- VS.-
O.A. No. 215/2017
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1. The Union of India
Represented by the Secretary
Govt. of India
Ministry of Home Affairs, North Block
New Delhi - 110001.
2. The Director General
Assam Rifles, Shillong - 793011.
3. The Secretary
Govt. of India
Ministry of Finance
Department of Expenditure
New Delhi - 110001.
(All the applicants are working as Hindi Translator
Grade-I, Grade-II, and Hindi Officer in Assam Rifles
and posted in different places in N.E. Region under
the absolute administrative control of Director
General, Assam Rifles, Shillong).
...Respondents
By Advocate: Sri R. Hazarika, Addl. CGSC
Date of Hearing: 01.02.2023 Date of Order: 21.03.2023
********************
O.A. No. 215/2017
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ORDER
PER URMITA DATTA SEN, MEMBER (J):
This instant application has been filed by the applicants praying for following reliefs:-
"8.1 That the Hon'ble Tribunal be pleased to set aside and quash the impugned speaking order issued under No. A/Legal/Vinod Kr.
Nautiyal/2016/1390 dated 19.12.2016
(Anneuxre-XIV).
8.2 That the Hon'ble Tribunal be pleased to direct
the respondents to grant the revised scale of Rs. 5500-9000/-, Rs. 6500-10,500/-, Rs. 7500- 12000/- and Rs. 10,000-15,200/- to the Hindi Translator Grade-II, Hindi Translator Grade-I, Hindi Officer and Senior Hindi Officer respectively in Assam Rifles w.e.f. 01.01.1996 at least on notional basis and actual payment of upgraded scale w.e.f. 11.02.2003 in terms of Annexure-I and II hereto, and further revised scale of Rs. 6500-10,500/-, Rs. 7450-11,500/- and Rs. 8000-13,500/- respectively w.e.f. 01.01.2006 in terms of Annexure-III & IV hereto, with all consequential benefit including arrear monetary benefit, in the light of the judgment rendered by the Hon'ble Tribunal on 25.05.2010, in O.A. 331/2009, passed by the Principal Bench, New Delhi in the case of Shri Shiv Kumar Gaur-Vs-Union of India & Ors.) as well as in the light of judgment and order dated 08.08.2008 passed by the Learned Tribunal, Kolkata Bench in O.A. 615/2006 (D.K. Rai & Ors. Vs. Union of India).
8.3 That the respondents be directed to grant revised scale to the applicants as prayed for, in terms of the judgment and order dated O.A. No. 215/2017 5 09.09.2011in O.A. No. 295/2010 passed by this Hon'ble Bench of the Tribunal and also in the light of the observation and direction passed by the Hon'ble High Court in the judgment and order dated 01.04.2014 passed in W.P. (C) No. 226/2012.
8.4 Costs of the application.
8.5 Any other relief (s) to which the applicants is entitled as the Hon'ble Tribunal may deem fit and proper. "
3. As per the applicants, they are working as Hindi Translator, Grade-I & Grade-II as well as Hindi Officer in different units of Assam Rifles. According to the applicants, the posts of Hindi Translator Grade-I &Grade-II, Hindi Officer and Senior Hindi Officer in Assam Rifles are equivalent to the posts of Junior Translator, Senior Translator, Assistant Director (OL) and Deputy Director (OL) respectively in the Central Secretariat Official Language Services (CSOLS) under the Ministry of Home Affairs.
4. The applicants have stated that the Ministry of Home Affairs, Govt. of India (Department of Official Language) vide its Office Order No. 13/06/2022, OLD (Service) dated 19.02.2003 (Annexure-I) had upgraded the O.A. No. 215/2017 6 pay of Junior Translators from Rs. 5000-8000/- to Rs. 5500-
9000/- and the Scale of Senior Translators from Rs. 5500- 9000/- to Rs. 6500-10,500/-, vide another Order dated 26.02.2003 (Annexure-II), the Ministry of Home Affairs had further upgraded the pay scale of Assistant Director (OL) from Rs. 6500-10500/- to Rs. 7500-12,000/-. In the concluding para of both the aforesaid Orders dated 19.02.2003 and 26.02.2003, it had been directed to implement the above mentioned revised/upgraded scales in all the Ministries/Departments and Offices attached thereto. As the Assam Rifles is attached to subordinate Offices of the Ministry of Home Affairs, the present applicants are entitled to get the benefits of OM. dated 19.02.2003 and 26.02.2003.
5. Applicants have further stated that consequent upon implementation of the recommendation of the 6th Central Pay Commission, the scale of Translators have further been enhanced, vide OM dated 24.11.2008 (Annexure-III) as well as subsequent Corrigendum dated 27.11.2008 (Annexure-IV), the Ministry of Home Affairs, Govt. O.A. No. 215/2017 7 of India have notified the pay scales of Jr. Translator, Sr. Translator, Assistant Director (OL) and Deputy Director (OL) as Rs. 6500-10,500/-, Rs. 7450-11,500/-, Rs. 8000-13,500/- and Rs. 10,000-15,200/- respectively w.e.f. 01.01.2006. In the said notifications, it has clearly been directed to grant the above scales for various posts in CSOLS and to similarly designated official language posts in subordinate Offices.
6. Applicants have further stated that recruitment qualifications, nature of duties and responsibilities, avenue of promotion of the applicants holding the post of Hindi Translator Grade - I & II, Hindi Officer and Senior Hindi Officer, Assam Rifles are exactly similar like the incumbents working in the post of Junior Translator, Sr. Translator, Assistant Director (OL) and Deputy Director (OL) respectively of Central Secretariat Official Service. Therefore, non- extending the benefits of aforesaid OMs amounts to violation of Article 14 and 16 of the Constitution of India. O.A. No. 215/2017 8
7. In view of the above, applicants approached the respondents time and again and made representations. Even approached this Tribunal in repeated occasions. However, their initial claim was rejected vide Order dated 11.10.2010 (Annexure-VII) on the ground that Assam Rifles does not have any Junior Translator or Senior Translator like those in CSOLS which amounts that, on the mere plea of nomenclature of the designation, the applicants were being denied from extension of benefits of the aforesaid OMs. Being aggrieved with, applicants had approached this Tribunal in O.A. No. 295/2010 and vide order dated 09.09.2011, this Tribunal quashed and set aside the letter dated 11.10.2010 directing the respondents to follow the prescriptions of the Order dated 27.11.2008 issued by the Government of India, Ministry of Finance, Department of Expenditure, Implementation Cell. However, the respondents filed one Review Application being No. 04/2011 which was dismissed vide order dated 03.11.2011(Annexure- VIII).
O.A. No. 215/2017 9
8. Subsequently, the respondents filed one Writ Petition No. 226/2012 before the Hon'ble Gauhati High Court challenging the judgment and Order dated 09.09.2011 in O.A. No. 295/2010 as well as Order dated 03.11.2011, wherein the Hon'ble High Court vide its judgment and Order dated 01.04.2014 (Annexure-IX), disposed of the said Writ Petition directing the Ministry of Home Affairs to take appropriate decision in the matter in consultation with the Finance Department, Government of India and communicate the same by a reasoned and speaking order.
9. In response to the said order, the respondents had issued one Speaking Order dated 17.07.2014 (Annexure-X) whereby the claim for upgradation of pay scales of the applicants were rejected. Therefore, present applicants, once again, approached this Tribunal in O.A. No. 379/2014 challenging the Speaking Order dated 17.07.2014. This Tribunal vide order dated 30.05.2016, again by quashing the order dated 17.07.2014, had directed the Ministry of Home O.A. No. 215/2017 10 Affairs to issue a fresh speaking order keeping in view the above observations made by this Tribunal as well as Hon'ble High Court's order dated 01.04.2014 (Annexure-XIII).
10. In response to the judgment and order dated 30.05.2016, the Directorate General Assam Rifles, Shillong had issued the impugned Speaking Order dated 19.12.2016 (Annexure-XIV) whereby the claim for upgradation of pay scales of the applicants was rejected repeating the same ground as was already considered and rejected by this Tribunal as well as Hon'ble Gauhati High Court. In the meantime, the DOPT have reviewed the Model Recruitment Rules for the post of Hindi Officer, Senior Translator and Junior Translator in all the subordinate offices vide OM dated 19.09.2013 (Annexure-XVIII). Subsequently, for implementation of pay scale at par with CSOLS Secretary, Department of Official Language, Ministry of Home Affairs, wrote a DO letter to all the Secretaries of Ministries/Departments vide letter dated 02.05.2013 (Annexure-XIX). Therefore, being aggrieved with the O.A. No. 215/2017 11 impugned Speaking Order dated 19.12.2016 (Annexure- XIV), the applicants had preferred the instant petition. In their O.A., the applicants have given a Comparative chart of Qualifications of different officials of both Ministry of Home Affairs and Assam Rifles and has submitted that, from the perusal of the above, it would be clear that the eligibility of pay scale and job description of both i.e. applicants and all other employees of Ministry of Home Affairs are similar.
11. Respondents have filed their written argument wherein it has been stated that the Ministry of Home Affairs is the appropriate authority to redress the grievance of the applicants regarding enhancement of their pay scale as no such directions/Orders have been received from the Ministry of Home Affairs regarding the issue. Therefore, the applicants were not being extended with the pay scale of the others. Accordingly, the DGAR, Assam Rifles had issued the Speaking Order dated 19.12.2016 with the approval of Ministry of Finance (Expenditure) with Note of IFG (MHA) under Diary No. 3360530 dated 01.12.2016 dated 01.12.2016. O.A. No. 215/2017 12 According to the respondents, the applicants have voluntarily opted to join Assam Rifles knowing well that they have lower status and pay scale vis-a-vis Hindi Translator in other Central Secretariat Official Language Services. Since they have already accepted the same, they are estopped to question the same. Therefore, comparison with CSOLS is unfounded and no parity can be drawn for the purpose of emoluments between the holders of the same post since the work environment, job profile and different employability conditions render the two appointments are different.
12. Applicants also have filed one additional statement of facts wherein it has been specifically submitted that the same issue carried on appeal before the Hon'ble Supreme Court from the judgment and order dated 09.07.2008 of Hon'ble Calcutta High Court passed in W.P. (C) No. 632/2007 whereby Hon'ble High Court confirmed the judgment and order dated 09.11.2006 passed by the CAT, Calcutta Bench in O.A. No. 939/2004 wherein the O.A. No. 215/2017 13 Hon'ble Supreme Court while upholding the judgment and order of the CAT, Calcutta Bench as well as decision of the Hon'ble Calcutta High Court vide order dated 25.07.2013 specifically held that the respondents (Union of India) failed to show any material as to how the functional requirement of the concerned job in the Commerce Ministry was different from that in the Central Secretariat and thereby dismissed the special leave petition upholding the judgment of the CAT, Calcutta Bench and High Court of Calcutta. In support of their contentions, learned counsel for the applicants has referred the following citations/judgments:-
(i) (2008) 1 SCC 586 in the case of Union of
India Vs. Dineshan K K;
(ii) SLP (Civil) No. 17419/2009 in the case of
Union of India & Ors Vs. Rajesh Kumar Gond
with Civil Appeal No. 1119/2013 in the case of Union of India & Ors. -Vs- Dhananjay Singh with SLP (Civil) No. 37255/2012 in the case of Union of India & Ors. -Vs- Dalev Singh & Ors.
(iii) Order dated 01.04.2015 passed by the Hon'ble Kerala High Court in OP (CAT) No. 142/2014 in the case of Union of India & Ors. Vs. T.M. Thomas.
O.A. No. 215/2017 14
(iv) Order dated 26.07.2019 passed by the Hon'ble Supreme Court in SLP (C) No. 23053/2016 in the case of Union of India & Ors. Vs. T.M. Thomas.
(v) Order dated 07.12.2016 passed by the Hon'ble C.A.T., Principal Bench, New Delhi in O.A. No. 1439/2015 in the case of Smt. Anjani Vs. Union of India & Ors.
(vi) Order dated 03.04.2019 passed by the Hon'ble Delhi High Court in W.P.(C) No. 7611/2017 in the case of Union of India & Another Vs. Anjani.
(vii) Order dated 25.05.2010 passed by the Hon'ble C.A.T., Principal Bench, New Delhi in O.A. No. 331/2009 in the case of Shiv Kumar Gaur Vs. Union of India & Ors.
(viii) Order dated 08.08.2008 passed by the Hon'ble C.A.T., Kolkata Bench in O.A. No. 615/2006 in the case of Dinesh Kr. Rai & Others Vs. Union of India & Ors.
(ix) Judgment and order dated 25.04.2022 passed by the Hon'ble Meghalaya High Court in W.P. (C) No. 352/2021 in the case of Jalesh Kumar & Another Vs. Union of India and Ors.
13. Applicants have filed their written argument wherein they have stated that, in fact, exactly similar grounds were raised in the earlier Speaking Order dated 17.07.2014. However, this Tribunal vide judgment and order dated 15.03.2019 in O.A. No. 215/2017 had set aside the O.A. No. 215/2017 15 impugned Speaking Order dated 17.07.2014 with a further direction upon the respondents to grant pay parity demanded by the applicants. Therefore, the respondents are taking the same grounds whereas this Tribunal as well as Hon'ble Gauhati High Court had repeatedly quashed respondents' orders being not satisfied.
14. It has been submitted by Sri M. Chanda, learned counsel appearing on behalf of the applicants that the benefit of upgraded pay scale, replacement pay scale and revised pay scale are liable to be extended in terms of different O.Ms dated 19.02.2003, 26.02.2003, 24.11.2008 and 27.11.2008 to similarly designated official language post existing in their subordinate offices including the present applicants. Since all the applicants belongs to sub-ordinate office of the Govt. of India, MHA i.e. Assam Rifles, as such, they have acquired a valuable legal right for extension of the benefit of upgraded pay scale, replacement pay scale and revised pay scale.
O.A. No. 215/2017 16
15. Sri Chanda, learned counsel for the applicants has brought to the notice of Para 7.19.5 of 6th CPC report which was published in 2008, wherein the Govt. of India, Ministry of Home Affairs has stipulated that the Ministry has 25 attached and subordinate offices and 3 allied organizations wherein the Assam Rifles was referred against Sl. No. 8 as 'Attached and Subordinate Offices'. As per Sri Chanda, therefore, there is no dispute that Assam Rifles is one of the attached and subordinate offices of the Ministry of Home Affairs.
16. We have heard Sri M. Chanda, learned counsel for the applicants and Sri R. Hazarika, Addl. CGSC for the respondents.
17. It is noted that, initially, vide Office Order dated 19.02.2003 (Annexure-I), the Govt. of India, Ministry of Home Affairs, Official Language Department, had issued an Order which is as follows:-
O.A. No. 215/2017 17
"Govt. of India Ministry of Home Affairs Official Language Department Lok Nayak Bhawan Khan Market New Delhi, dated 19th Feb, 2003 OFFICE ORDER Sanction of President is hereby conveyed for upgradation of pay scale of Senior Translators and Junior Translators of Central Secretariat Official Language Service as follows:-
Sl. No. Designation Pay Scale Upgraded pay scale
1. Junior Translator 5000-150-8000/- 5500-175-9000/-
(wef 11-02-2003)
2. Senior Translator 5500-175-9000/- 6500-200-10500/-
(wef 11-02-2003)
2. This office order is issued with the sanction accorded by Finance and Company Affairs Ministry (Expenditure dept) vide their U.O. No. 70/11/2000-IC dated 13.02.2003.
3. All Ministries/Departments/Attached offices are requested to take immediate necessary action in this regard.
Sd/-
(Madan Lal Gupta) Joint Secretary, Govt. of India All Ministries/Dept/Attached Offices"
18. Subsequently, the Govt. of India, Ministry of Home Affairs, Official Language Department, had issued an Office Memorandum dated 26.02.2003 (Annexure-II), which stipulates inter alia:-O.A. No. 215/2017 18
"5. The sanction of President is conveyed for granting pay scale of Assistant Director of Central Secretariat Official Language Service with effect from 11.02.2003 as follows:-
Sl.No. Designation Present pay scale Replacement pay scale
(i) Asst. Director 6500-200-10,500/- 7500-250-12000/-
(wef 11.02.2003) Aforesaid pay scale is being extended with the sanction accorded by Finance and Company Affairs Ministry (Expenditure Dept) vide their U.O. No. 70/11/2000-IC dated 17.02.2003.
6. All Ministries/departments/Attached offices are requested to take necessary action in this regard.
Sd/-
(Madan Lal Gupta) Joint Secretary All Ministries/Dept/Attached Offices Govt. of India"
19. Consequent upon the implementation of recommendation of 6th CPC, the revised pay scales for Official Language posts in various subordinate offices of the Central Government was revised vide Office Memorandum dated 24.11.2008, which stipulates inter alia:O.A. No. 215/2017 19
"F.No.1/1/2008-IC Government of India Ministry of Finance Department of Expenditure Implementation Cell New Delhi, dated the 24th November, 2008 OFFICE MEMORANDUM Subject: Revised pay scales for Official Language posts in various subordinate offices of the Central Government.
Consequent upon the implementation of the recommendations of Sixth Central Pay Commission, this Department has received queries from many Ministries/Departments regarding the revised pay structure applicable in the case of Official Language posts existing in subordinate offices of the Central Government. In this connection, it is clarified that in accordance with the recommendations of the Sixth Central Pay Commission as accepted by the Government, similarly designated posts existing outside the Central Secretariat Official Language Service (CSOLS) cadre in various subordinate offices of the Central Government have been granted the same pay scales as those granted to CSOLS. The Government has notified the following revised pay structure for the Official language cadre belonging to CSOLS:-
Corresponding Pay Band & Grade
Recommended pay
Designation Pay
scale
Pay Band Grade Pay
Jr. Translator 6500-10500 PB-2 4200
Sr. Translator 7450-11500 PB-2 4600
Asstt. Director(OL) 8000-13500 PB-3 5400
Dy. Director (OL) 10000-13500 PB-3 6100
Jt. Director (OL) 12000-16500 PB-3 6600
Director(OL) 14300-18300 PB-3 7600
2. Accordingly, w.e.f. 1.1.2006, all Ministries/Departments etc., are required to grant the revised pay scales approved for various posts in the CSOLS to similarly designated Official Language posts existing in their subordinate offices.
Sd/-
(Alok Saxena) Director (IC)"O.A. No. 215/2017 20
20. Subsequently, one Corrigendum dated 27.11.2008 was issued by the Government of India, Ministry of Finance, Department of Expenditure, Implementation Cell, wherein, it stipulates inter alia:-
"F.No.1/1/2008-IC Government of India, Ministry of Finance Department of Expenditure Implementation Cell New Delhi, dated the 27th November, 2008 OFFICE MEMORANDUM Subject: Revised pay scales for Official Language posts in various subordinate offices of the Central Government.
In partial modification of this Department's O.M. of even number th dated 24 November, 2008 (copy enclosed), the table in para 1 of the said O.M. may be read as under:-
Corresponding Pay Band & Recommended Designation Grade Pay pay scale Pay Band Grade Pay Jr. Translator 6500-10500 PB-2 4200 Sr. Translator 7450-11500 PB-2 4600 Asstt. Director(OL) 8000-13500 PB-3 5400 Dy. Director (OL) 10000-15200 PB-3 6600 Jt. Director (OL) 12000-16500 PB-3 7600 Director(OL) 14300-18300 PB-4 8700
2. All Ministries/Departments etc., are required to grant the revised pay structure as indicated in the table above, which has been approved for various posts in the CSOLS, to similarly designated Official Language posts existing in their subordinate offices.
Sd/-
(Alok Saxena) Director (IC) O.A. No. 215/2017 21 All Ministries/Departments of Government of India, as per standard mailing list."
21. It is further noted that, the Government of India, Ministry of Home Affairs, Department of Official Language had issued one Office Memorandum dated 02.04.2009 (Anneuxre-XVIII), which stipulates inter alia:-
"2. Consequent upon the implementation of the recommendation of Sixth Central Pay Commission, department of expenditure vide their O.M. No. 1/1/2008-IC dated 24th November, 2008 and 27th November, 2008(copies enclosed) has clarified that in accordance with the 6th Central Pay Commission recommendations as accepted by the Government, similarly designated posts existing outside the Central Secretariat Official Language Service (CSOLS) cadre in various subordinate offices of the Central Govt. have been granted the same pay scales those granted to CSOLS.
3. In view of the above, all the Ministries/Departments are requested to advise their subordinate offices, other than those offices having standard recruitment rules for Junior Hindi Translators, to amend the Recruitment Rules for Junior Hindi Translators so that the Commission can meet their recruitment through open examination. This will not only help the Commission but also ensure timely availability of sufficient number of eligible candidate to the subordinate offices."
22. Thereafter, the Government of India, Department of Official Language , Ministry of Home Affairs, Lok Nayak Bhawan, New Delhi had issued another letter dated O.A. No. 215/2017 22 02.05.2013 to the Secretary, All Ministries, Department of Govt. of India wherein, it stipulates as follows:-
"Dear Secretary,
1. You may be aware that Expenditure Dept. Ministry of Finance had ordered vide their O.M. No. 1/1/208-IC dated 24th Feb, 2008 (Copy encl) that the designations and Pay Scale of Official Language posts in subordinate offices of Govt. of India will be similar to that of Central Secretariat Official Language Service. It has been brought to the notice of Official Language Dept that the order of Expenditure Department has not yet been implemented in all sub-ordinate offices, which causes discontentment in the Official language officers employed there.
2. I shall be grateful if you ensure compliance in the subordinate offices of your Ministry/Dept about the implementation of similar designations and pay scales at par with Central Secretariat Official Language Service and Official Language Dept. may be intimated about the action taken in this regard."
23. We have also perused the impugned Fresh Speaking Order dated 19.12.2016 issued by the Directorate General, Assam Rifles, Shillong by rejecting the claim of the applicants, which stipulates as follows:-
"6. WHEREAS, on examination of matter, it has been observed that the minimum educational qualification prescribed for the post of Hindi Translator Grade-II in Assam Rifles is O.A. No. 215/2017 23 Bachelor's degree plus a recognized Diploma/certificate course on translation from Hindi to English, whereas for the post of Jr. Translator in CSOLS, the minimum educational qualification required is Master's degree and recognized Diploma or Certificate Course in translation from Hindi to English. Since, the recruitment qualification of entry grade of Hindi posts i.e. Hindi Translator Grade-II in Assam Rifles is inferior to Jr. Translator in CSOLS, no comparison on pay scale can be made between the two posts. Apart from this, it has been stated that Senior Hindi Officer in Assam Rifles is equivalent to the post of Deputy Director(OL) in CSOLS. During the 5th CPC period, the pay scale of Senior Hindi Officer was Rs. 8000-13500, whereas, the pay scale of Deputy Director (OL) was Rs. 10000-15200. Hence, even in the higher Hindi Post of Senior Hindi Officer available in Assam Rifles, no comparison or equivalence can be established vis-à-vis COSL
7. Further, the required qualification for Junior Translator of IMD is lower than that of SCOLs. Also, the hierarchy of CSOLs and IMD is different as under-
The hierarchy of CSOLS The hierarchy of Assam Rifles Junior Translator Hindi Translator Grade-II Senior Translator Hindi Translator Grade-I Assistant Director(OL) Hindi Officer Deputy Director(OL) Senior Hindi Officer Joint Director(OL) Director(OL)
8. In view of the aforesaid facts and considering the rules and regulations on the subject and after providing adequate opportunity to the petitioners to present their case for upgradation of pay scale in respect of Hindi Translators of Assam Rifles, the applicants have voluntarily opted to join the Assam Rifles knowing full well that his offers lower status and pay scales vis-à-vis Hindi Translators in other Central Secretarial O.A. No. 215/2017 24 Official Language Service. Having accepted the same they are prevented by law of estoppels to question the same. It is submitted that the post is peculiar to each organization to meet the functional requirement and cannot be identical for all Central Government Organisations. The comparison with Central Secretarial Official Language Service is unfounded and no parity can be drawn for the purpose of emoluments between the holders of the same post from different streams since the work environment, job profile and different employability conditions render the two appointments incomparable. The applicants having accepted employment on the laid down terms, conditions and qualifications are barred by law of estoppels to question their appointment and pay at this stage. Moreover, different task/role, post and pay scales are not comparable and there is no functional justifications for upgrading the pay scales are not comparable and there is no functional justifications for upgrading the pay scale with Junior Translator, Senior Translator and Assistant Director of the Central Secretarial Official Language Service to the applicants. The applicants are not entitled for upgradation of pay scale as per Ministry of Finance (Department of Expenditure) Implementation Cell Corrigendum No. F. No.1/1/2008-IC dated 27-11-2008. The claim of the applicants are devoid of merit and substance and hence, same is rejected."
24. As the respondents had not granted benefits to the applicants as prayed for, they made representation before the respondent authorities which was rejected by them. Being aggrieved with, applicants had preferred O.A. No. 295/2010 and vide Order dated 09.09.2011, this Tribunal O.A. No. 215/2017 25 quashed and set aside the rejection Order dated 11.10.2010 directing the respondents to follow the prescription of the order dated 27.11.2008 issued by the Government of India, Ministry of Finance, Department of Expenditure. Being aggrieved with the order of this Tribunal dated 09.09.2011, respondents filed one Review Application being No. 04/2011 which was also dismissed by this Tribunal vide order dated 03.11.2011 (Annexure-VIII). Thereafter, respondents preferred one Writ Petition being No. WP(C) 226/2012 before the Hon'ble Gauhati High Court at Guwahati, which was also ultimately disposed of vide Order dated 01.04.2014 (Anneuxre-IX), holding inter alia:-
"22. The Office Memorandum dated 27.11.2008 is of the Government of India in the Ministry of Finance. The above quoted letter dated 02.05.2013 has been issued by the Government of India in the Ministry of Home Affairs in reference to the said office memorandum. As noted above, a thin distinction is sought to be made in reference to the expression "subordinate office'. While according to the petitioner, the pay parity is not applicable to the applicants, they being not the incumbents of the subordinate office, it is the case of the applicants that they are fully covered by the said O.M., subsequently clarified by the above quoted letter dated 02.05.2013.O.A. No. 215/2017 26
23. For all the aforesaid reasons, we dispose of the writ petition directing the Ministry of Home Affairs to take appropriate decision in the matter in consultation with the Government of India in the Finance Department and consistently, with the stand taken before the Tribunal in para 13 and 18 of the WS quote above and also the observations made above. Let an appropriate decision in the matter be taken by a speaking order, as expeditiously as possible, preferably, within three months."
25. However, it is noted that, against the said order of Hon'ble Gauhati High Court dated 01.04.2014, respondents never preferred any Appeal before the Hon'ble Apex Court but passed the Speaking Order dated 17.07.2014 (Annexure- 10, page 67 onwards).
26. It is further noted that though the Hon'ble Gauhati High Court vide Order dated 01.04.2004 had directed the Ministry of Home Affairs to take appropriate decision in the matter in consultation with the Government of India, Finance Department in consistent with the stand taken before this Tribunal in Para 13 & 18 of the written statement against which no appeal has been preferred by the respondents and no order was also passed by the Ministry of Home Affairs as directed by the Hon'ble Gauhati High Court. O.A. No. 215/2017 27 However, Directorate General, Assam Rifles vide his impugned Order dated 19.12.2016 (Annexure-XIV) had rejected the claim of the applicants on the ground that the educational qualification/hierarchy prescribed for the post of Hindi Translator Grade II in Assam Rifle vis-a-vis Jr. Translator in CSOLS are different. Therefore, they cannot be equated in violation of the Hon'ble Gauhati High Court's Order (supra) whereas para 13 & 18 of the written statement filed by the respondents in O.A. No. 295/2010, which was directed to be considered by the Ministry of Home Affairs while disposing of the case, paragraphs 13 & 18 of written statement as referred above are as follows:-
"13....the answering respondent beg to submit that the point regarding equal recruitment qualifications in Assam Rifles and CSOLS is agreed to.
18....the answering respondents beg to state that the educational qualifications, nature of duties and responsibilities of the applicants are similar to that their counterparts working in CSOLS and its subordinate offices is denial of upgraded pay scale to the applicants is discriminatory and opposed to the provisions of Article 14 and 16 of the Constitution of India is agreed in principle......."O.A. No. 215/2017 28
From the perusal of the above, it is clear that observations/ground of rejection made by the same authority in contrary to their own written statement. However, no material whatsoever, has been placed before this Tribunal to show as to how functioning of the concerned job in Assam Rifles vis-a-vis Central Secretariat is different as both the posts required the work of translation to be done, as observed by the Hon'ble Supreme Court in the case of Union of India & Ors. Vs. Rajesh Kumar Gond, SLP No. 17419/2009 with Civil Appeal No. 1119/2013 in the case of Union of India & Ors. Vs. Dhananjay Singh and SLP No. 37255/2012 in the case of Union of India & Ors. Vs. Dalev Singh and Ors.
27. Moreover, it is observed that the applicants being Hindi Translator Grade I and II as well as Jr. Translator and staff of CSLOS and Sr. Translator were having pay scale of Rs. 5000-8000/-.
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28. We have gone through the comparative chart filed by the applicants, which has not been denied by the respondents. Even the minimum qualifications are same for the initial posts.
29. From the perusal of the aforementioned initial OM dated 19.02.2003 (Annexure-I), it is observed that the pay scale of Junior Translator having 5000-150-8000/- was upgraded to Rs, 5500-175-9000/-and pay scale of Senior Translator having 5500-175-9000/- was upgraded to 6500- 200-10500/-. In the said Office Order, it is specifically mentioned that all Ministries/Departments/Attached offices are requested to take immediate necessary action in this regard. Subsequently, after accepting the 5th CPC report, the scale of Jr. Translator and Sr. Translator was upgraded vide O.M. dated 24.11.2008 (Annexure-III), wherein it has been specifically mentioned that similarly designated posts existing outside the Central Secretariat Official Language Service cadre and various subordinate office of the Central Government have been granted the same pay scales as O.A. No. 215/2017 30 those granted to CSOLS. Accordingly, w.e.f. 01.01.2006, all Ministries/Departments etc., are required to grant the revised pay scales to various posts in the CSOLS and also to similarly designated Official Language posts existing in their subordinate offices.
30. As the main job of different posts of different Ministry/Department are to translate in Hindi, they cannot be discriminated on the ground being estoped appointed under Assam Rifles, which is admittedly Sub-ordinate Offices of the Ministry of Home Affairs. The Government specifically Ministry of Home Affairs, Finance Department had consciously advised all the Ministries/Departments and Sub Ordinate Offices to extend the revised pay scale to the Hindi Translator. Further, the respondents cannot take different stands on different times as they had admitted the fact that the recruitment and job description of the applicants are similar to the staff of CSOLS. But due to non-availability of direct decision of the Ministry of Home Affairs, they cannot extend the benefits to the applicants.
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31. In view of the above, we have no hesitation to interfere with the impugned Speaking Order dated A/Legal/Vinod Kr./Nautiyal/2016/1390 dated 19.12.2016 and accordingly, same is hereby set aside and quashed. Applicants are entitled to the upgraded pay scales. Respondents are directed to pass necessary orders after verifying individual cases as they are from different posts and joined service on different dates and make payments from the respective dates of entitlement, within a period of six months from the date of receipt of the copy of this order.
32. Accordingly, O.A. stands disposed of with the above observations and directions with no order as to costs.
(DR. SUMEET JERATH) (URMITA DATTA SEN)
MEMBER (A) MEMBER (J)
PB
O.A. No. 215/2017