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3. Both the OAs involve similar question of law and fact and as such, with the consent of the parties have been heard together and are being disposed of by this common order. In all, there are 158 applicants in the two OAs, who are working on the posts of Assistant Meteorologist Grade-I. Some of them have since retired. Their first grievance relates to non-grant of pay scale of Rs.8000-13500 and second relates to non-grant of Grade Pay of Rs.5400/- after the recommendations of the VI Central Pay Commission (VI CPC, for short) were given effect to. Their precise prayers as contained in OAs are as under:

6. On the other hand, the case of the respondents is that the order of Finance Ministry on acceptance of recommendations of the Sixth CPC nowhere indicated allowing Grade Pay of Rs.5400 to the applicants. Based on their pre-revised pay scale of Rs.7500-12000 they were, therefore, allowed the normal replacement pay scale of PB-3 with Grade Pay of Rs.4800 as per Ministry of Finance notification dated 29.08.2008. In absence of any specific order of the Nodal Ministry, the case of the applicants could not be considered. It is further submitted that as all the above grades/posts are having clear cut demarcation in respect of their work profile, duties and responsibilities, sufficient justification do not exist to upgrade the posts occupied by the applicants, i.e., the Assistant Meteorologist Grade-I (PB-2 GP-4800) to the next higher grade of Meteorologist Grade-II(PB-3 GP-5400). The respondents have also submitted that the merger of the pre-revised pay scales of Senior Observers (5000-8000) and Scientific Assistants (5500-9000) and upgradation of Assistant Meteorologists Grade-II (6500-9000) and upgradation of Assistant Meteorologists Grade-II (6500-10500) to pre-revised pay scale of Rs.7450-11500 (revised GP-4600) was done as per the specific approval of Govt. vide Ministry of Finance Notification dated 29/08/2008. No specific order of Nodal Ministry exists for upgrading the pre-revised pay scale of Rs.7500-12000 for applicants to any pre-revised pay scale of Rs.8000-13500. It is further stated that the submission of the applicant that similar upgradation has been made available to the Official Language cadre also could not be found tenable.

8. Applicants submit that as per the relevant recruitment rules there is no pay scale of Rs.7450-11500 for the cadre of Assistant Meteorologist Grade-II. Therefore, the applicants vehemently deny the averments of the respondents that the merger of pay scale of Senior Observers and Scientific Assistants and upgradation of pay scale of Assistant Meteorologist Grade-II (Rs.6500-10500) to pre-revised pay scale of Rs.7450-11500 were done as per the approval of the Government of India vide Ministry of Finance Notification dated 29.08.2008. Applicants thus contend that the averment of the respondents that there exists no specific order of the nodal Ministry for upgrading the revised pay scale of Rs.7450-12000 to Rs.8000-13500, is irrelevant.

9. Applicants also contend that due to implementation of respondents order dated 05.02.2009 w.e.f. 1.1.2006, there is now a meager difference of Rs.50/- in the pre-revised pay scale of Assistant Meteorologist Grade-II and that of Assistant Meteorologist Grade-I, i.e., applicants. This has occurred due to non-upgradation of the pay scale of the applicants correspondingly. This has in fact disturbed the vertical relativities between the two cadres. Applicants have also pointed out that in order to redress the grievance of the applicants the respondents are well empowered by the VI CPC in their recommendations in para-16 particularly, which give power to relax the rules in deserving cases. In this context the applicants also submit that the 6th CPC recommendations do not cover the pay revision case of Indian Meteorological Department (IMD) specifically but the same is implemented in the said Department on the basis of the Revised Pay Scale for certain common categories of staff. Therefore, equity is in their favour that their pay scale should be upgraded to remove the arbitrary and open discrimination which in legal terms is called as hostile discrimination.