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The applicants, who are working as Operation Theatre Assistants, and CSSD/CSR Assistants in various Hospitals of the respondent Employees State Insurance Corporation (ESIC), filed the OA seeking a direction to extend the benefits of the 5th Pay Commission's revised report of 30.09.1997 and accordingly to grant the pay scale of Rs.4000-100-6000 w.e.f. 01.01.1996 with all consequential benefits, including interest on arrears, on par with Laboratory Assistants and Plaster Assistants of the respondent-ESIC.

4. It is their case that the CSR/CSSD Assistants are having identical service conditions like the Laboratory Assistants and Plaster Assistants. In case of Laboratory Assistants, in spite of the aforesaid notification, when the respondents ESIC has not granted the pay scale of Rs.4000 6000, they have filed OA No.1464/2003 - Ashok Kumar v. Union of India before this Tribunal and this Tribunal by its order dated 13.01.2004, granted the same to them. Though, the respondents filed a Writ Petition against the said orders, as no stay was granted, implemented the same in respect of Laboratory Assistants. It is also submitted on behalf of the applicants that in respect of Plaster Assistants also, this Tribunal in OA No.3227/2011 by order dated 19.12.2013 (Annexure A6), granted the pay scale of Rs.4000-6000.

5. It is further submitted that since the applicants also identically placed like the Laboratory Assistants and the Plaster Assistants of the respondent-ESIC, they are also entitled for granting of the pay scale of Rs.4000-6000 w.e.f. 01.0.1996, with all consequential benefits.

6. Per contra, the respondents while praying for dismissal of the OA, inter alia, raised the following contentions:

a) OA is barred by limitation and latches as the claim is pertaining to the 5th CPC recommendations which came into force in the year 1996.
b) Non-Matric of Nursing Orderly, being the feeder cadre, are eligible for promotion as CSSD Assistants and hence, granting of pay scale of Rs.4000-6000 is unwarranted to the CSSDs, as the acid test for grant of the said scale is Matriculation.
c) The duties and responsibilities of the CSSDs are completely different and cannot be compared with Lab Assistants and Plaster Assistants.

7. A perusal of Annexure A6, i.e., Order dated 19.12.2013 in OA No.3227/2011 (Brham Pal & Anr. vs. Union of India) filed by Plaster Assistants of the respondent-ESIC, reveals that identical submissions were made on behalf of both sides, and this Tribunal after considering the same, in detail, allowed the OA by granting the scale of Rs.4000- 6000 to the Plaster Assistants. Relevant paragraphs of the said order read as under: