Central Administrative Tribunal - Delhi
Shri Dalip Singh vs The Govt. Of Nct Of Delhi on 18 March, 2011
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH : NEW DELHI OA NO.1932/2010 New Delhi, this the 18th day of March, 2011 CORAM: HONBLE MRS MEERA CHHIBBER, MEMBER (J) HONBLE DR. VEENA CHHOTRAY, MEMBER(A) Shri Dalip Singh, S/o Shri Amilal, R/o RZ-P-3, New Rosanpura, Najafgarh, Delhi 43 .Applicant (By Advocate: Dr. Ashwani Bhardwaj) Versus 1. The Govt. of NCT of Delhi, Through its Chief Secretary, Secretariat, Players Building, Indraprastha Estate, New Delhi 2. The Administrative Officer, G.B. Pant Hospital, Government of NCT of Delhi J.L. Marg, Delhi 3. The Medical Superintendent, D.D.U. Hospital, Government of NCT of Delhi, Hari Nagar, New Delhi Respondents (By Advocate: Ms Renu George) O R D E R (ORAL) Dr. Veena Chhotray, Member (A):
The applicant working as a Technical Assistant in the D.D.U. Hospital under the GNCTD is aggrieved at the roll back of his pay as an O.T. Technician from Rs.5000-8000 (pre-VI CPC) to Rs.4,000-6,000 w.e.f. 30.3.2001. Vide the impugned order dated 19.8.2009 on the point of roll back and refixation of pay, it has been decided to waive off the recoveries on account of repayment made upto 29.1.2004 (a date linked with issuance of Show Cause Notice as per judicial directions in another OA). The other impugned order dated 4.9.2009 is regarding the detailed pay fixation in pursuance of the grant of the aforesaid lower scale. Just to clarify, the applicant initially appointed as a Nursing Orderly and promoted thereafter as Operation Theatre Assistant, followed by O.T. Technician and then Technical Assistant. The present grievance pertains to the roll back as an OT Technician and its spill over effect on the pay of the next post of Technical Assistant.
Besides quashing of the impugned orders dated 19.8.2009 and 4.9.2009 (Annexures A/1 and A/2), the OA seeks direction for grant of pay scale of Rs.5000-8000 w.e.f. 1.1.1996 with arrears of pay and allowances and a direction to the respondents for refunding the recoveries already effected on that account and for this reliance has been placed on the decision of the Full Bench dated 7.1.2009 in the OA No.1167/2006.
The applicant and the respondents have been represented before us respectively by the learned counsels Dr. Ashwani Bhardwaj and Ms Renu George.
2. The post of OT Technician comes in the category of para-medical staff and the issue involved is linked up with the recommendation of a special pay scale of Rs.5000-8000 for the OT Technicians by the V CPC and its acceptance by the GNCTD. The controversy had arisen with regard to the interpretation of Para 52.78 of the Vth CPC read with serial number xvii (a) Part B. The contentious point was whether the special scale would be limited only to those O.T. Technicians who possessed educational qualification of B.Sc plus Diploma / Certificate or also be extended to those who possessed the qualifications of Matriculation/Higher Secondary/Senior Secondary (10+2) with Science and having ten years experience in Operation Theatre. As per the Government, the staff falling under the latter category were entitled to the lower scale of Rs.4000-6000. The applicant before us falls in the latter category.
3. Considering at length the Vth CPC recommendations, the Recruitment Rules as also other relevant aspects it was found that as per the RRs two sets of qualifications were prescribed for this post and having separate pay scales for the same post of O.T. Technician based on two different qualifications would be discriminatory and not sustainable in law.
4. In this context, in the OA No.1167/2006 (Shri Rajaram vs GNCTD) decided vide order dated 7.1.2009 (Annex. A/3) the Full Bench held the following conclusive view:-
17. On the basis of above discussion, the pay scale of OT (Technician) as per the recommendations of V CPC in paragraph 52.78 read with Serial Number XVII (a) of Part B of the recommendations would be Rs.5000-158000/- irrespective of qualifications of B.Sc plus Diploma/Certificate or Matriculation/Higher Secondary/Senior Secondary (10+2) with Science with 10 years experience in Operation Theatre. The contrary view of the learned Bench in OA 2184/2005 is overruled. This was followed by the decision of the D.B. in the OA 1167/2006 (Rajaram Vs GNCTD & Ors) decided on 20.2.2009 allowing the claims in the OA (Annex. A/6). The Writ Petition as also the SLP submitted against the above judgments got dismissed. The order in respect of Rajaram got implemented by the respondents. Further, the OA has enclosed another decision of the Coordinate Bench of the Tribunal in the OA 3517/2009 (Gopal Singh Negi vs GNCTD & Ors) decided by the Principal Bench vide order dated 8.3.2010 allowing claims on the basis of the decision of the Full Bench. In Rajarams case (Annex A/7).
5. After hearing both the learned counsels and perusing the material on record, we are of the considered view that the present case is squarely covered by the aforesaid decision of the Full Bench and the decisions of the Coordinate Benches as referred to above. The respondents really have no valid justification to adopt a discriminatory approach after the issue is no more res integra and has attained finality.
The OA is, therefore, allowed, the impugned orders quashed and set aside with direction to the respondents to pass appropriate orders regarding correct pay fixation and ensure the refunding of the recoveries made. This is to be complied within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs.
(DR. VEENA CHHOTRAY) (MRS MEERA CHHIBBER)
MEMBER (A) MEMBER (J)
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