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The appellants in Civil Appeal Nos.288-289/2005 were working as Assistants and Stenographers with Respondent no.1- National Institute of Educational Planning and Administration, Delhi.
The appellants in Civil Appeal No.209 of 2007 were working with the Sahitya Academy, Delhi as Accounts and Administrative Assistants/Assistants/Stenographers. The appellants' were getting the pay scale of Rs.425-800 upto 1986. The Assistants in the Central Government were also getting the same pay scale. According to the IVth Pay Commission, the pay scale of Assistants and Stenographers was revised from Rs.425-800 to Rs.1400-2600 in the Central Government.

In our considered view, the appellants are entitled to get the benefit of pay scale of Rs.1640-2900 which their counterparts were getting in the Central Government during the relevant period. In case this amount has not been paid, the same may be paid to the appellants by the Institute within three months from today. Civil Appeal No.209 of 2007:

The relevant facts of the case are briefly narrated below:
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The Sahitya Academy was established in the year 1952. Later on, it was registered under the Societies Registration Act, 1860. According to the Constitution of the Academy, its General Council is the highest authority, having the powers to inter alia, approved the budget and frame its own rules, regulations, bye-laws and rules of procedure and the Government of India does not have any role in the same. The Sahitya Academy (Service) bye-laws came into force on 4.3.1961. The rules of the Government of India with regard to recruitment, service conditions etc. of employees are fully applicable to the Academy. A bare perusal of the bye-laws would make it amply evident that so far the allowances, salaries etc. of the employees are concerned, they are absolutely at par with those of the employees of the Government of India. The employees in the cadre of Assistants/Stenographers in the Academy have been drawing the same pay scale as that drawn by the Assistant Grade of the Central Secretariat Services and Grade 'C' Stenographers of Central Secretariat Stenographers Service. This scale of pay was Rs.1400- 2600 after the recommendations of the IVth Central Pay Commission (pre-revised scale of Rs.425-800).

The Government of India on 31.07.1990 granted the revised scale of Rs.1640-2900 to the posts included in the Assistant Grade of the Central Secretariat Services and Grade 'C' Stenographers of Central Secretariat Stenographers Service, with effect from 1.1.1986. It was made clear in the order that the same revised pay scale would also be applicable to the Assistants and Stenographers in other organizations, where the posts are in comparable grade with same qualification and pay scale. 

            The         appellants,            who        are           working        as

Assistants/Stenographers/other           designations       in     the    same     cadre,

started representing before the concerned authorities for grant of the revised scale of Rs.1640-2900 to them.

The Government of India issued another order on 11.12.1990 which it directed that revised scale of Rs.1640-2900 granted to the Assistants/Stenographers of the Central Secretariat Services would not be applicable to the Assistants/Stenographers of autonomous organizations.