Central Administrative Tribunal - Delhi
Sh. Salam Singh vs Union Of India Through on 9 December, 2013
Central Administrative Tribunal
Principal Bench, New Delhi.
OA-1217/2012
Reserved on : 29.11.2013.
Pronounced on :09.12.2013.
Honble Mr. G. George Paracken, Member (J)
Honble Mr. Shekhar Agarwal, Member (A)
1. Sh. Salam Singh,
Technical Assistant (Stores)
Directorate of Co-ordination,
Police Wireless, Block No.9,
CGO Complex, Lodhi Road,
New Delhi-110 003.
2. Sh. Mool Shankar,
Technical Assistant (Stores)
Directorate of Co-ordination,
Police Wireless, Block No.9,
CGO Complex, Lodhi Road,
New Delhi-110 003.
3. Sh. Bhagwan Das,
Technical Assistant (Stores)
Directorate of Co-ordination,
Police Wireless, Block No.9,
CGO Complex, Lodhi Road,
New Delhi-110 003.
4. Sh. Diwan Singh,
Technical Assistant (Stores)
Directorate of Co-ordination,
Police Wireless, Block No.9,
CGO Complex, Lodhi Road,
New Delhi-110 003. . Applicants
(through Sh. Padma Kumar S., Advocate)
Versus
1. Union of India through
The Secretary,
Ministry of Home Affairs,
New Delhi.
2. Director Police Telecommunications,
Directorate of Co-ordination
(Police Wireless)
Ministry of Home Affairs,
Block No.9, CGO Complex,
Lodhi Road, New Delhi-03.
3. Secretary,
Department of Expenditure,
Ministry of Finance,
North Block, New Delhi. . Respondents
(through Sh. Rajesh Katyal, Advocate)
O R D E R
Mr. Shekhar Agarwal, Member (A) Following relief has been sought in this O.A.:-
(a) Direct the Respondents to grant the pay scale of Rs.5500-9000 to Technical Assistant (Stores) w.e.f. 1.1.1996 when they were granted the pay scale of Rs.4500-7000 which is lower than the feeder post having pa scale of Rs. 5000-8000/- with all consequential benefits including arrears as has been granted to the other wings viz Operational and Maintenance Wing.
(b) Any other direction which this Honble Tribunal may be pleased to pass under the facts and circumstances of the case.
2. The applicants are Technical Assistants (Stores) TA (S) working in the Directorate of Co-ordination falling under the Ministry of Home Affairs. In this Directorate there are 4 wings, namely, Operational Wing, Maintenance Wing, Stores Wing and Cipher Wing. During the 4th and 5th Pay Commissions, the following pay scales had been granted to the employees of these 4 wings:-
4th Pay Commission:
Operational Maintenance Stores Cipher SSO (1640-2900) STA (1640-2900) STA(S) (1640-2900) T.S(Cip) (2000-3200) W/S (1400-2300) TA(M) (1400-2300) TA(S) (1400-2300) Cip Asst (1400-2600) W/Opr (1320-2040) R/Tech (1350-2200) Stores Keeper (1200-2040) Cip Opr (1350-2200) 5th Central Pay Commission:
Operational Maintenance Stores Cipher SSO (5500-9000) STA (5500-9000) STA(S) (5500-9000) T.S(Cip) (6500-10500) W/S (4500-7000) TA(M) (4500-7000) TA(S) (4500-7000) Cip Asstt (5000-8000) W/Opr (4000-6000) R/Tech (4500-7000) Stores Keeper (4000-6000) Cip Opr (4500-7000) However, in January, 2002 and in April, 2003 the respondents granted higher pay scales to the Operational and Maintenance Wings. Further, vide their order dated 02.09.2011 these higher pay scales were made applicable w.e.f. 01.01.1996. The pay scales granted were as follows:-
Operational Maintenance Stores Cipher SSO (6500-10500) STA (6500-10500) STA(S) (5500-9000) T.S(Cip) (6500-10500) W/S (5500-9000) TA(M) (5500-9000) TA(S) (4500-7000) Cip Asst (5000-8000) W/Opr (5000-8000) R/Tech (5000-8000) Stores Keeper (4000-6000) Cip Opr (4500-7000)
3. The grievance of the applicants is that the post of Wireless Operator falling under the Operational Wing and Radio Technician falling under the Maintenance Wing are both feeder posts for TA(S) yet they have been given higher pay scales. Thus, the anomaly that has arisen is that feeder posts are carrying pay scales higher than that of promotional post. To show that the post of Wireless Operator and Radio Technician are feeder posts of TA(S), the applicants have enclosed a copy of the Recruitment Rules, which is available on page-138 of the OA. The relevant extracts are as follows:-
1 2 3 4 5 6 730. Technical Assistant 5 General Central Service Rs.210-10-290-15 Selection Promotion failing which by Class III Non-Gazetted 320-EB-15-425. direct recruitment failing Non-Ministerial which by transfer on Deputation.8 9 10 11 12 13
18 to Essential 40 years. 1. Matriculattion 3 years No. Promotion Not Applicable.
2. Diploma in Tele- (i) Storekeeper (Technical) Communication with three years experience or Electrical Com- in the grade for non-diploma munication or holders and two years in the Mechanical or case of diploma holders and Electrical Engineer- (ii) Radio Technician Wireless ing from a recogni- Operator with three years sed Institute. Experience in the grade, who
3. 5 years experience must have passed Grade I of technical Stores Stores Trade Tests of the accounting and Directorate of Coordination procedure in a (Police Wireless).
large Government Transfer on Deputation
stores or a firm of (i) Sub-Inspector from State or
repute. Central Police Organisations
Desirable: with experience in Stores
Knowledge and procedure and accounting.
Experience of (ii) Assistant Sub-Inspector from
accounting and billing. State Central Police Organisation
with 8 years service in the grade
and having experience in Stores
procedure and accounting.
(iii) Naib Subedar or Subedar or
Equivalent from Defence Services
with experience in handling
technical stores.
4. The respondents have filed their reply in which they have stated that the applicants had approached this Tribunal earlier by filing OA-1403/2006, which was disposed of on 10.12.2007 by directing the respondents to consider the case of the applicants by either placing full facts before the Ministry of Finance and passing appropriate orders or referring the matter to Pay Commission. Accordingly, the matter was placed before the Ministry of Finance who did not approve the proposal for upgradation of the scales of the Store Wing due to the following reasons:-
(i) In accordance with the recommendations of the 5th CPC, as accepted by the Government, Storekeepers in the pay scales of Rs.1350-2200, Rs. 1400-2300 and Rs.1400-2600 along with those in the pay scale of Rs. 1600-2660 are to be placed in the revised pay scale of Rs.5000-8000. As the post of Storekeeper (T) had been sanctioned in the lower pre-revised pay scale of Rs.1200-2040, the same cannot be upgraded in terms of recommendations of the 5th CPC as accepted by the Government.
In terms of recommendations of the 5th CPC contained in para 55.249 of their report, the post of Storekeeper in the pay scale of Rs.1600-2660 are required to be filled by Engineering Diploma Holders or Graduates preferably possessing a Diploma in Materials Management. The recruitment qualifications prescribed by 5th CPC for the posts of storekeepers in the pay scale of Rs.5000-8000 are considered to be more stringent as compared to those laid down for Storekeeper(T) in DCPW.
The nature of duties and responsibilities assigned to the Storekeeping staff cannot be compared with the persons posted in Technical and Operational wings and therefore parity with these cadres cannot be accepted. The respondents have stated that accordingly a reply dated 29.08.2008 was issued to the applicants.
5. We have considered the submissions of both sides and perused the material on record. The applicant has relied on the following judgments to support his case:-
(i) Constitution Bench judgment of Honble Supreme Court dated 08.02.1972 in Lalit Mohan Deb and Ors. Vs. UOI & Ors. observed that :-
7It is well recognized that a promotion post is higher post with a higher pay.
(ii) Honble Punjab & Haryana High Court (DB) judgment dated 12.10.1994 in Sunder Lal Jain and Ors. Vs. State of Haryana & Ors. observed that:-
6A Division Bench of this Court in Har Kishan & Anr. v State of Punjab & Anr 1987(5)SLR, 539 held that where a lower post is equated with regard to pay scale with the promotional post, it was a clear anomaly and was highly irrational. Another Division Bench of this Court in P.L. Goyal v State of Haryana & Ors., 1990(5) SLR 108, held that reducing the pay scale on promotion would be violative of Articles 14 and 16 of the Constitution of India.
(iii) Honble Punjab & Haryana High Court judgment dated 12.5.2000 in Tamesh Kumar Dangi & Ors. Vs. The State of Haryana & Ors. held that:-
7..Admittedly, the post of Assistant Fisheries Officer, is lower post than the Fisheries Officers and as on 1.4.1979 carried lower and higher pay scales respectively. It is not understandable as to what weighed with the Government in equalizing the scales of both the posts as the admitted facts are that the post of Fisheries Officer is a promotional post. Applying the revisions to the scales by importing the principle of equiliser is not sustainable, such act is unjust and unfair. 5.1 The Recruitment Rules clearly provide that Radio Technicians and Wireless Operators with three years experience in the grade and who must have passed Grade-I Stores Trade Tests of the Directorate are eligible for promotion to the post of TA(S). Thus, it is clear that the post of Wireless Operation and Radio Technician are feeder post of TA(S). It is not disputed that both these posts have been given pay scale of Rs.5000-8000 w.e.f. 01.01.1996 whereas the post of TA(S) is carrying the pay scale of Rs.4500-7000. Thus, the feeder posts are having scales higher than the promotional post. This is in clear violation of the law laid down by the Apex Court and Honble Punjab and Haryana High Court as mentioned in the citations given above. While considering a similar matter, Honble High Court of Delhi in Writ Petition (C) No. 109/2010 (Dr. R.S. Rana & Ors. Vs. UOI & Ors.) on 20.05.2013 held that anomaly has arisen on account of the fact that the post of DEO D is getting the same pay scale as that of STA despite the fact that DEO is a higher post. Consequently, they remanded the matter back to the Tribunal to adjudicate this issue of anomaly.
5.2 In the instant case also, we agree that an anomaly has arisen on account of the fact that higher post if carrying pay scale lower than the feeder post. This, in our opinion, is highly irrational. Reducing pay scale on promotion would be violative of Articles 14 and 16 of the Constitution as held by the Honble Punjab and Haryana High Court in the judgment cited above. The Ministry of Finance while considering this case have totally lost sight of this fact. The question of parity of Stores Wing with other Wings is not involved.
6. Accordingly, we allow this O.A. and direct the respondents to again consider granting a scale higher than the pay scale of Rs.4500-7000 to Wireless Operators and Radio Technicians. The new pay scale will be given to the applicants w.e.f. 01.01.1996 the date on which the scales of Wireless Operators and Radio Technicians were upgraded to the level of Rs.4500-7000. The applicants will also be entitled to consequential benefits of pay fixation and payment of arrears. This exercise will be completed within a period of eight weeks from the date of receipt of a certified copy of this order. No costs.
(Shekhar Agarwal) (G. George Paracken)
Member (A) Member (J)
/Vinita/