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3. It is further pleaded that the benefits of upgradation were given to the Hindi Translators working in CIFNET which is also a subordinate office of the Department of Animal Husbandry and Dairying (AH & D) like Fishery Survey of India but the upgradation benefits have not been extended to the Hindi Translator of Fishery Survey of India, which is in violation of Article 14 and 39(d) of the Constitution.

4. It is further pleaded in the application that prior to the office order No. 13/6/2002 O.L. 9 Services) dated 19.2.2003, pay scales of Junior and Senior Translators of subordinate offices including Fishery Survey of India were same i.e. Rs. 5000-150-8000 for Junior Hindi Translator and Rs. 5500-175-9000 for Senior Hindi Translator. In fact there was a common recruitment for these posts in CSOL and also in subordinate offices as evident from the advertisement of the Staff Selection Commission for these posts in the year 2002 (Annexure A-5). The educational qualifications required for both CSOL and subordinate offices are one and the same in respect of Junior Hindi Translator. Prior to implementation of the recommendations of the Fifth Pay Commission the pay scale of Hindi Translator of CSOL and subordinate offices including Fishery Survey of India were same i.e. Rs. 1640-2900 for Senior Hindi Translator and Rs. 1400-2600 for Junior Hindi Translator. The Fifth Pay Commission recommended for no change in the pay scale of Senior Hindi Translator but recommended for upgradation of pay scale of Junior Hindi Translator of CSOL and subordinate offices and the recommendations were accepted by the Government and it is evident from Annexure A-6.

6. The 4th respondent filed reply stating that the applicant was appointed on 4.2.99 in the pay scale of 4500-7000 through Central Employment Exchange and posted in the office of R-4 and the said post has been re-designated as Junior Hindi Translator vide memo (Annexure R-1) dated 19.7.2004. The pay scale of the said post has been upgraded to 5000-8000 with retrospective effect from 1.1.96 vide OM dated 8.11.2000 (Annexure R-2). The claim of the applicant for the pay scale of Senior Translator is not tenable. In fact, he was appointed as Hindi Translator in the pay scale of 4500-7000 while the pay scale of Junior Hindi Translator is 5000-8000 and the designations and pay scale of Junior Hindi Translator is quite distinct in the designation as well as pay scales and hence he cannot claim parity with different posts. The Fifth Central Pay Commission in its report, recommended that Junior Hindi Translator and Senior Hindi Translator in the Department of Official Language should be given the pay scale of Rs. 1640-2900 and Rs. 2000-3500 respectively as per the O.M. No. 12/2/97-OL (S) dated 8.11.2000, upgradation of the pay scales to the Junior Hindi Translator and Senior Hindi Translator was granted w.e.f. 1.1.96. The upgraded pay scales for Junior Hindi Translator and Senior Hindi Translator in the offices outside the secretariat except the Central Translation Bureau are Rs. 5000-8000 and Rs. 5500-9000 respectively. Since the designation has been shown as Junior Hindi Translator and Senior Hindi Translator in the said O.M., the post in Fishery Survey of India with designation as Hindi Translator in the pay scale of Rs. 1400-2300 (lowest pre-revised in the translator cadre) was to be redesignated as Junior Hindi Translator by prefixing the word `Junior' to the existing designation. According to the proposal for the amendment of the recruitment rules for the post of Hindi Translator, necessary gazette notification notifying the amendment of the recruitment rules for the post of Junior Hindi Translator was issued on 30.12.2000 and in pursuance thereof, the Memorandum (Annexure A-4 of the OA) was issued by the 4th respondent. The post of Hindi Translator has been redesignated as Junior Hindi Translator in tune with rationalization. In any case the post of Hindi Translator in the pay scale of Rs. 1400-2300 (pre-revised) cannot be re-designated as Senior Hindi Translator. It is further pleaded in the reply that as per Office Order No. 13/6/2002-O.L. (Services) dated 2.4.2004, the Department of Official Language, the existing pay scales of the post Junior Hindi Translator is upgraded from 5000-150-8000 to 5500-175-9000. Similarly, the pay scale of Senior Hindi Translator has been upgraded from 5500-175-9000 to 6500-200-10500. In the said OM it is specifically mentioned that these substitute pay scales are applicable only to the Junior Hindi Translator and Senior Hindi Translator of Central Secretariat Official Language Services and there is no ambiguity in the said order Annexure A-1. The contention of the applicant that the said orders applicable to all the Ministries Departments/Attached Offices of Govt. of India, is incorrect and misleading. While granting the upgraded pay scales of 5000-8000 and 5500-9000 for the posts of Junior Hindi Translator and Senior Hindi Translator respectively vide O.M. Dated 8.11.2000, it has been clearly mentioned that these upgraded pay scales are applicable to all posts of Junior Hindi Translator and Senior Hindi Translator in the offices outside the secretariat except the Central Translation Bureau. Such a mention is not available in the office order No. 13/6/2002 OL (Services) dated 2.4.2004 and hence the said office order relates to upgradation of the pay scales of Junior Hindi Translator and Senior Hindi Translator of CSOLS and it does not apply to Hindi Translators of subordinate offices. The representations at Annexures A-2 & A-3 from the applicant were examined by Respondent No. 3 and found that the office order dated 2.4.2004 are not applicable to the Junior Hindi Translator of Fishery Survey of India. The Government considered the question of parity between the pay scale of the Hindi Staff working in Central Ministries/Departments who are part of CSOLS and subordinate offices and found not feasible to allow parity in the pay scales, having due regard to work in the Ministries/Departments and the subordinate offices. The Department of Animal Husbandry, Dairying and Fisheries in the Ministry of Agriculture cancelled the order issued granting the upgraded pay scales of 5500-9000 and 6500-10500 to the Junior Hindi Translator and Senior Hindi Translator in the Central Institute of Fisheries Nautical Engineering (CIFNET) after having re-examiend and realised tht the said pay scales are not applicable to the post of Hindi Translators in the subordinate offices. In the reply it is admitted that the post of Hindi Translator in the Fishery Survey of India has no promotional chance and no higher post is available but however higher pay scales have been granted to the eligible Junior Hindi Translator under the Assured Career Progressive Scheme (ACPS). The pay scale granted to post of Hindi Translator is strictly as per the extant rules, which are applicable to all the Central Government Departments similarly placed. It is stated that the re-designation of the post of Hindi Translator to Junior Hindi Translator is correct and it is not discriminatory or unreasonable. In the reply respondents repelled all the claims made by the applicant in his application and sought for dismissal of the application.

7. The applicant filed rejoinder reiterating that the recruitment rules which came into force with effect from 11.1.2003 re-designating the post of Hindi Translator as Junior Hindi Translator are not applicable to the applicant as he was appointed prior to 11.1.2002 and hence the change of the designation is not correct and illegal. The applicant almost reiterated the contention of the application in the rejoinder.

8. In course of hearing, the applicant reiterated the contentions raised in the application and also in rejoinder. He submitted that prior to Fifth Pay Commission, Hindi Translators, Junior and Senior, of CSOLS and subordinate offices were equal in the pay scale and before issuing order of upgradation of the pay scale for Hindi Translators of CSOLS dated 2.4.2004 parity in pay scale of Hindi Translators are maintained with the CSOLS and subordinate offices which itself indicate that the duties and functions of CSOLS and subordinate offices are same. Hence denying the benefits of the upgraded pay scale according to the office order No. 13/6/2002-OL (Services) dated 2.4.2004 to the applicant is in violation of the doctrine of equal pay for equal work read with Article 14 of the Constitution. He further submitted that even 5th Pay Commission recommended equal pay scale for Hindi Translator (Junior & Senior) in CSOLS and subordinate offices and the Government accepted the recommendations of the Pay Commission. When the expert body appointed by the Government, recommended equal pay scales on the basis of the doctrine of equal pay for equal work and the Government accepted the recommendation of the 5th Pay Commission, makes very clear that Hindi Translators of CSOLS and subordinate offices deserve equal treatment in terms of pay scales. He further submitted that in case of Nain Singh Bhakuni v. Union of India the Hon'ble Apex Court held that the difference of educational qualification at the grass root level is valid and acceptable ground for grant of higher pay scale and observed that a classification based on different educational qualifications is permissible. The applicant relied on a decision in the case of Jaipal and Ors. v. State of Haryana and Ors. wherein it is held that if the two class of persons do same work under the same employer, with similar responsibility, under similar working conditions, the doctrine of equal pay for equal work would apply and it would not be open to the State to discriminate one class with the other in paying salary.

13. The facts in the case of Meghnath Das and Ors. v. CPWD in OA 753/2004 on the file of Division Bench of CAT, Calcutta Bench are that the persons who are working as Junior and Senior Hindi Translators in subordinate offices contended that the 4th Central Pay Commission have treated the Hindi Translators working in subordinate offices and Secretariat Office alike and the pay scale for Junior Translators was Rs. 1400-2600 and for Senior Hindi Translators was Rs. 1640-2900 and that the Pay Commission never recommended any disparity in the pay scales in respect of Hindi Translators working in subordinate offices and the Hindi Translators working in the Secretariat and therefore, recommended equivalent pay scales and the said recommendations have been accepted by the Government and while so, by order dated 19.2.2003, the Hindi Directorate made out an artificial classification among the Hindi Translators working in the Secretariat are different from the Hindi Translators working in the subordinate offices and upgraded the pay scales of Junior Hindi Translators from 5000-8000 to 5500-9000 and for Senior Hindi Translators from 5500-9000 to 6500-10500 and when the Association of Hindi Translators of CPWD took up the matter with the Director General of Works, the Ministry of Finance have earlier issued Office Memorandum dated 14.7.2003 extending higher pay scale to Junior and Senior Hindi Translators of subordinate officers also conveying therein the approval of the Minister for upgradation of the pay scales and giving effect to the said extended higher pay scale with effect from 1.1.96. But the Ministry of Finance could later cancelled the said higher pay scales to Junior and Senior Hindi Translators working in subordinate office and came out with the impugned order dated 29.3.2004 that the higher pay scales were made for the Hindi Translators in the Department of Official Language only and therefore they had to approach the Tribunal relying on an earlier decision of the Principal Bench of CAT in OA 157/90 dated 10.1.92. The respondents therein. Viz. CPWD and others contested the case in OA 753/2004 before the CAT, Calcutta Bench contending that the Senior Hindi Translators and Junior Hindi Translators working in the offices of the Central Secretariat belong to the cadre of Central Secretariat Official Language Service being appointed through competitive examination on All India basis conducted by the Staff Selection Commission on fulfilling of certain criteria and qualifications whereas the Junior and Senior Hindi Translators working in subordinate offices of various departments throughout the country like CPWD belong to the subordinate cadre of such service as they were initially appointed as LDC and thereafter selected through departmental examination for the post of Junior and Senior Hindi Translators and all the applicants have come from the post of LDC and they are all along been in the lower pay scale and after the 5th Central Pay Commission, the pay scales of Junior and Senior Hindi Translators in CSOLS and subordinate cadre are Rs. 5000-8000/-and Rs. 5500-9000 respectively. It is further contended by the respondents therein that the Ministry of Finance, by its order dated 29.3.2004 upgraded the posts of Junior Hindi Translators and Senior Hindi Translators, from 5000-8000 to 5500-9000 and from 5500-9000 to 6500-10500 respectively and the said upgradation of pay scales were approved with effect from 1.1.96 notionally with the actual financial benefits with effect from 11.2.2003. It is further contended therein that the upgraded pay scales were approved by the Government only for the specific post in CSOLS and cannot be extended to similarly designated posts elsewhere.