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o) ESIC is required to grant pay scale to its employees as prescribed in relevant Recruitment Regulations. Presently, there is no proposal under consideration to upgrade the pay scale of CSSD Assistant and CSSD Technician and grant them grade pay of Rs. 2400/- and Rs. 2800/- respectively; therefore, question of its implementation either with retrospective or prospective effect does not arise. Recruitment. Regulations for the post of CSSD Assistant and CSSD Technician prescribes for the grade pay of Rs. 2000/- & Rs. 2400/- respectively for the posts.
OA.No.346/2022/CAT/Bangalore Bench
f) The ESIC can't contend before this Tribunal that parity in the cadres of Lab. Assistant and O.T./CSSD Assistant as unreasonable in view of the various binding decisions of this Tribunal. The ESIC has complied the directions of this Tribunal in respect of Lab. Assistants/ OT/CSSD Assistants subject to the result of the pending W.Ps. in the Hon'ble High Court of Delhi.
5. Heard learned counsels for the parties and perused the pleadings made by them.
6. In the present case, the applicants are seeking grant of pay scale PB-I with Grade Pay of Rs.2400/-, in their favour while working on the post of OT Assistants and CSR/CSSD Assistants in ESIC, as well as grant of PB-I with Grade Pay of Rs.2800/- while working on the post of OT Technicians and CSR/CSSD Technicians in ESIC, instead of the Grade Pay of 2000/- and OA.No.346/2022/CAT/Bangalore Bench 2400/- being currently drawn by them as OT/CSR/CSSD Assistants and OT/CSR/CSSD Technicians respectively.
25. The matter regarding equivalence of pay scales and Grade Pay between Plaster Assistants, Lab Assistants, OT Assistants, CSSD/CSR Assistants has, therefore, not yet reached finality and these matters are still pending in WP. No. 18/2015 and other connected Writ Petitions before the Delhi High Court.
26. Since the matters regarding pay parity are still pending consideration and have not reached finality, it cannot be concluded at this stage, that the applicants are entitled to the Grade Pay of Rs.2400/- for the post of OT/CSR/CSSD Assistants on par with Plaster Assistants.