Central Administrative Tribunal - Delhi
Shallika Grewal vs Union Of India Through Secretary on 16 May, 2012
Central Administrative Tribunal
Principal Bench
New Delhi
OA No. 4184/2010
Reserved on : 15.05.2012
Pronounced on : 16.05.2012
Honble Mrs. Meera Chhibber, Member (J)
Honble Dr. Ramesh Chandra Panda, Member (A)
Shallika Grewal
W/o Sh. Sonu Grewal,
Assistant Home Sister
RAK College of Nurshing,
Lajpat Nagar,
New Delhi 24. Applicant
(By Advocate Shri Ranbir Yadav with Mr. P. Kakra)
Versus
1. Union of India through Secretary,
Ministry of Health & Family Welfare,
Nirman Bhawan,
New Delhi 110 001.
2. Principal
Raj Kumar Amrit Kaur College of Nursing,
Lajpat Nagar,
New Delhi-24.
3. Secretary,
Department of Expenditure
Ministry of Finance,
North Block, Lok Nayak Bhawan,
New Delhi. Respondents
(By Advocate : Ch. Shamsuddin Khan)
O R D E R
Dr. Ramesh Chandra Panda, Member (A):
Shallika Grewal, the applicant herein, has instituted the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 with the following prayers:-
a) to allow the scale of pay of Rs.5000-8000/- with effect from 13.10.2005 and subsequent replacement scale of pay of Rs.9300-34800/- GP Rs.4200/- with effect from 01.01.2006.
to set aside the impugned order dated 13.08.2010.
to issue any order/direction deem fit in the case.
2. Brief facts of the case revealed from the pleadings would disclose that the applicant had been serving in the capacity of Assistant Home Sister (Junior Warden) under the 2nd respondent in Raj Kumar Amrit Kaur College of Nursing, w.e.f. 13.10.2005. It is the case of the applicant that 5th Central Pay Commission (CPC) recommended the upgration of the pay scale of Assistant Home Sister vide para no. 69.45 to revise the pay scale of Rs.1600-2660 subject to the incumbent having qualification of three years diploma in catering after having passed the 10+2 school examination. Further, it is stated that the Government having accepted the recommendations of the 5th CPC vide Notification dated 30.09.1997, the pay scale of the Assistant Home Sister in the said College of Nursing was to be revised to Rs.5000-150-8000 for the existing incumbents but the applicant was allowed a lower scale of pay namely Rs.4500-7000 and was not granted the scale of Rs.5000-8000 as recommended by the 5th CPC. It is the case of the applicant that she possesses the first class three year diploma in Hospitality and Hotel Administration passed in the year 2003 from Indira Gandhi National Open University at the time of her initial recruitment. Having been denied the proper pay scale, she represented to the competent authority vide her letter dated 10.12.2007 and followed up with reminder on 08.03.2010 (Annexure P-6 Colly). In the meantime, even the 6th CPC recommendations have been implemented by the Government and the applicant should have been placed in the Pay Band-2 i.e. Rs.9300-34800 plus Grade Pay with appropriate Grade Pay whereas she has been put in the Pay Band-1 in the pay scale of Rs.5200-20200 plus Grade Pay. It is further stated in the OA that the first respondent vide its letter dated 13.08.2010 (Annexure P-1) informed the applicant that the revised pay scale for the post would be operative from the date of notification of the amendment to the Recruitment Rules (RR) for the post and the proposal for the said amendment to the recruitment rules was not received from the second respondent. It is the grievance of the applicant that while all other categories of employees have received the benefits under 5th and 6th CPC, she has been discriminated and yet to be granted the benefits of the 5th CPC in the proper revised pay scales and the respondents are denying her the said benefits on the ground that the recruitment rules need to be amended.
3. Learned counsel for the applicant Sh. Ranbir Yadav assisted by Shri P. Kakra submits that the denial of the appropriate pay scale to the applicant is illegal and violative of the principles of equality as she alone has been denied the appropriate pay scale whereas all others have been granted the 5th CPC revised pay scales. The Government having accepted the recommendations of the 5th CPC, she could not be put into a disadvantageous position by denying her the appropriate pay scales.
4. Per contra, the respondents have entered appearance and filed their reply affidavit on 22.11.2011 through Ch. Shamsuddin Khan, learned senior Government counsel who would submit that though the applicant was well qualified with the required eligibility criteria but in the absence of the amendment to the recruitment rules, it would not be possible to grant the applicant the pay scale, which was being demanded by her in the present OA. He further submits that the proposal of the second respondent has already been received and the same is under active consideration of the department. He informs that the amended RR will get notified within a period of six months and the applicant will get her admissible benefits.
5. Considering the above admitted position that as per para 69.45 of the 5th CPC, the revised pay scale of the Assistant Home Sister would be Rs.1600-2660 and the same has been accepted by the Government for implementation. We take the extract of the paragraph 69.45 of the 5th CPC recommendations which reads thus:
Two posts each of Home Sister and Assistant Home Sisters, are recruited in the scale of pay of Rs.1400-2300, the former 50% by promotion and 50% direct recruitment and the latter entirely by direct recruitment. While the qualifications prescribed for the Home Sisters are a Degree/Diploma in Home Science/Registered Nurse/ Midwife(RNRM) with 5 years experience as Warden, the Assistant Home Sisters require a matriculation with diploma in catering or an RNRM qualification with 3 years experience of Housekeeping. The post of Home Sister is a promotional one for the Assistant Home Sister, though both are in the same grade. The administrative Ministry has informed us that the Work Study Unit has justified the creation of a post of Hostel Superintendent in the College and the matter is receiving their attention. We are of the opinion that since the post of Home Sister is a promotional post for the Assistant Home Sister it should be upgraded to the scale of pay of Rs.1640-2660. The Assistant Home Sisters should in future have qualification of a 3 year diploma in catering after 10+2, and be placed in the scale of pay of Rs.1600-2660. We also recommend that if the present incumbents in the post of Assistant Home Sister possess these qualifications, they should also be upgraded accordingly. Following the recommendations of the SIU, one post of Home Sister should also be upgraded to the scale of pay of Rs.2000-3500, designated as Hostel Superintendent and be filled by promotion.
6. It is not in dispute that the respondents are reluctant to implement the same. The only logic indicated by them is that the recruitment rules for the Assistant Home Sister have not yet been amended for which the higher pay scale has not be given to the applicant. Consequently, the 6th CPC recommendations have not been properly implemented even in the Pay Band-2. Thus, the applicant has been suffering a cascading effect for over more than a decade. Such a delay in amending the recruitment rules could not be an impediment and the delay to undertake the amendment could not be explained convincingly by the respondents. It is noted that it is purely the callousness and negligence that the recruitment rules have not been amended as a result of which the applicant is being denied her legitimate benefits under 5th and 6th CPC. We are sanguine that the respondents would immediately examine and grant the applicant as admissible 5th & 6th CPC Pay Scales/Pay Bands with appropriate Grade Pay as expeditiously as possible by an executive order and the same may be incorporated in the recruitment rules as and when the RR gets amended. No delay should be permissible in carrying out such exercise to issue an executive order. We, therefore, direct the respondents to take action as directed above to issue appropriate executive order within a period of three months from the date of receipt of certified copy of this order and revise the applicants pay scales/Pay Band as admissible under 5th & 6th CPC with appropriate Grade Pay. Let the amended RR get notified within four months from today.
7. In terms of the above directions, the present Original Application stands disposed of. In view of the typical nature of the case, the cost of the litigation is made easy.
(Dr. Ramesh Chandra Panda) (Mrs. Meera Chhibber)
Member (A) Member (J)
/naresh/