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10. Vide order dated 25.1.2006 (Annexure H), the Government of India granted Non-Functional Selection Grade (NFSG) of Rs.8000-13500 to the PSs/SOs in the CSSS/CSS. Having denied the same benefit to the SOs/PSs in the CAT, some of the PSs working at Ernakulam Bench of the Tribunal filed OA No.475/2006, for grant of NFSG of Rs.8000-13500, claiming historical parity with the PSs of CSSS. The said OA was disposed of with a direction to the respondents to consider the claim of applicants, who are PSs in the Ernakulam Bench of the Tribunal, in the light of the averments made in the OA as well as the legal questions considered in the earlier judgments by the Tribunal and communicate a decision to the applicants. Non-compliance of the order led to filing of CP No.05/2007, which was, after hearing, disposed of on 6.11.2007, with a direction to the respondents to furnish the details of reference to the VI Central Pay Commission either by way of an affidavit by an officer at appropriate level or by filing the copies of the very reference, with copy to the counsel for the applicants, within a period of six weeks and the matter was converted into an execution application and directed to be listed on 2.1.2008. Thereafter, again in MA No.854/2008, a direction was issued on 28.2.2008 to the Secretary, DoP&T to personally handle the matter or at least monitor the matter and try to persuade the VI Central Pay Commission to consider the case of the applicants and other similarly situated. The Principal Registrar, CAT (respondent No.3 herein), was also directed to make available all the relevant materials to the Secretary and have due interaction with the DoP&T. Although in spite of aforesaid directions no reference was made to the Sixth Pay Commission, but, on 21.4.2008, learned senior standing counsel appearing for DoP&T & Ministry of Finance filed compliance affidavit, stating as follows:

24. In the rejoinder, applicants have cited a decision of the Tribunal in OA-377/2006, decided on 1.5.2007, whereby the NFSG has been accorded to the OS of CBI, which has been affirmed by the Honble High Court in WP (C) No.7475/2007 & CM No.14234/2007 in Union of India & Ors. v. S.C. Karmakar & Ors., decided on 10.10.2007. The Tribunal in OA 645/2007 has also issued a direction, on 19.08.2008 for grant of NFSG to the SOs in R&AW of the Cabinet Secretariat. The Government has implemented this order, which is evident from the order-dated 19.01.2009. Even in Armed Forces Headquarters, Non-Functional Selection Grade of Rs.8000-13500 has been accorded, vide order dated 25.09.2008 (Annexure RJ-3). It may be relevant to state here that Non-Functional Selection Grade was earlier restricted only to SOs/PSs of the CSS/CSSS, which has now been extended to SOs/PSs of other Organizations/Departments as well. This, according to the applicants, is an invidious discrimination.

30. Learned counsel would contend that specific pay scale recommended by VI CPC in case of office staff working in the non-Secretariat Organization is as per para 3.1.14 of the Report. On implementation, the Government modified the recommendations of the VI CPC as to NFSG to be granted to the SOs/PSs of CSS/CSSS. At the same time, no modification was made to the recommendations relating to AOs and Senior Private Secretaries in the non-Secretariat Organizations.

31. Learned counsel would contend that VI CPC recommended the upgraded pay scale of Rs.7500-12000 (pre-revised) and NFSG Rs.8000-13500 after four years to the SOs/PSs in all Secretariat offices, including CSS/non-participating Ministries but as CAT is a non-Secretariat Organization, the pay of applicants is to be fixed differently.

54. As regards opening of flood gate litigation and administrative chaos, it is held to be no ground to take away the valuable right of a person under the Constitution by the Apex Court in Coal India Ltd vs. Saroj Kumar Mishra, 2008 (2) SCC (L&S) 321. In G.S. Uppal (supra), financial constraints have not been found to be good ground on established implementation of doctrine of equal pay for equal work.

55. A discriminatory and contradictory stand is antithesis to the fairness in law. As the issue of NFSG of RS.8000-13500 to the OSs in case of CBI, a non-secretariat office at par with CSS/CSSS, decision in S.C. Karmakar (supra) was affirmed by the High Court of Delhi. Even the decision of the Tribunal in the case of R&AW Department has been implemented by the Government by grant of pay scale/NFSG to the concerned SOs, by order dated 19.01.2009 and also the SOs/PSs in AFHQ were allowed the pay scale on 25.09.2008. This clearly shows that the 6th CPC recommendations in para 3.1.9 have been adhered to not only in the case of SOs/PSs of the CSS/CSSS but also in the case of SO/PSs in other Organisations, who have had historical parity. As such, exclusion of the CAT employees and not meeting out the same treatment in respect of Grade Pay without any intelligible differentia having reasonable nexus with the object sought to be achieved, is an unreasonable classification and an invidious discrimination, which cannot be countenanced in the wake of Article 14 of the Constitution of India.