Delhi High Court
Sharvan Kumar Tanwar & Ors. vs High Court Of Delhi & Ors. on 2 May, 2013
Author: Pradeep Nandrajog
$~8 & 9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: May 02, 2013
+ W.P.(C) 6522/2012
MANOJ KUMAR AND ORS ..... Petitioners
Represented by: Ms.Jyoti Singh, Sr.Advocate with
Mr.Rajat Aneja, Mr.Vaibhav Jairaj
and Ms.Swati Gupta, Advocates
versus
HIGH COURT OF DELHI REPRESENTED BY:
ITS REGISTRAR GENERAL AND ORS ..... Respondents
Represented by: Mr.Viraj R.Datar, Advocate with
Mr.Vikram Pradeep, Advocate for R-
1
Mr.Sumeet Pushkarna, Advocate for
R-2
Mr.Arjun Pant, Advocate for R-3
W.P.(C) 6751/2012
SHARVAN KUMAR TANWAR AND ORS ..... Petitioners
Represented by: Ms.Jyoti Singh, Sr.Advocate with
Mr.Rajat Aneja, Mr.Vaibhav Jairaj
and Ms.Swati Gupta, Advocates
versus
HIGH COURT OF DELHI AND ORS ..... Respondents
Represented by: Mr.Viraj R.Datar, Advocate with
Mr.Vikram Pradeep, Advocate for R-
1
Mr.Jatan Singh, Advocate with
Mr.Soayib Qureshi, Advocate for
UOI
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MR. JUSTICE V. KAMESWAR RAO
W.P.(C) Nos.6522/12 & 6751/12 Page 1 of 6
PRADEEP NANDRAJOG, J. (ORAL)
1. Petitioners of W.P.(C) No.6522/2012, working as Personal
Assistant, Judicial Assistant, Junior Translator and Assistant Librarian, all
posts in Pay Band-II (PB-II `9300-34800) have joined together in a common
action marching under the banner of Manoj Kumar. The grievance is to give
them Grade Pay in sum of `4,200/-. They claim grade pay to be paid to
them in sum of `4,600/- with effect from January 01, 2006.
2. Marching under the banner of Shrawan Kumar Tanwar, Senior
Judicial Assistants, Senior Personal Assistants, Senior Judicial Translators,
Senior Assistants Librarians and Readers, also receiving salary in PB-II but
with grade pay `4,600/- claim a right to be paid Grade Pay in sum of
`4,800/- in PB-II with effect from January 01, 2006 and after rendering the
requisite length of service, on being granted non-functional scale, to be
placed in PB-III and paid Grade Pay in sum of `5,400/- instead of the
current Grade Pay in sum of `4,600/- and placing them in PB-II.
3. Way back on August 08, 1996, deciding W.P.(C)
No.1174/1999 K.K.Sharma & Ors. Vs. UOI & Ors., a Division Bench of this
Court, considering the nature of work and duties perform by Personal
Assistants and Junior Stenographers in the Delhi High Court vis-a-vis
Assistants and Stenographers of the Central Secretariat Service and Central
Secretariat Stenographers Service opined that the pay scale in which
Stenographers and Assistants working in the Central Secretariat and who
were members of the Central Secretariat Service and Central Secretariat
Stenographers Service should be made applicable to their brethren, holding
analogous posts in the Establishment of the Delhi High Court.
4. On said basis, as against the pay scale `1400-2300 paid to
Personal Assistants and Junior Stenographers in the Establishment of the
Delhi High Court, they were directed to be paid salary in the pay scale
`1640-2900 with effect from January 01, 1986 i.e. at par with Assistants and
Stenographers working in the Central Secretariat. The decision was
followed when W.P.(C) No.7231/2003 was allowed by another Division
Bench of this Court according parity to equal status posts in the
Establishment of the Delhi High Court vis-a-vis the Central Secretariat.
5. On September 25, 2006, an office memorandum was issued by
the Government of India upgrading the pay scale of Assistants and
Stenographers Grade 'C' (PA) of the Central Secretariat Service and Central
Secretariat Stenographers Service from `5500-9000 to `6500-10500. The
result thereof, upon implementation of the recommendations of the 6 th
Central Pay Commission, is that Assistants, Personal Assistants and
Stenographers in the Central Secretariat who are members of the Central
Secretariat Service and Central Secretariat Stenographers Service have been
placed in PB-II with Grade Pay `4,600/-, but their counterparts in the Delhi
High Court, on being placed in PB-II, have been granted Grade Pay in sum
of `4,200/-. It is obviously the result of the previous upgradation effected
by the Government of India on September 25, 2006.
6. Learned counsel for the respondent states that a conscious
decision has been taken by the Full Court after obtaining information from
the Supreme Court with regard to placement in the applicable Grade Pay by
the Supreme Court of its employees and would further urge that any
tinkering with the existing Grade Pays would have a cascading effect. To
which learned senior counsel for the petitioners would urge that in the
Central Administrative Tribunal the Assistants and Stenographers in PB-II
are receiving Grade Pay `4,600/- with effect from January 01, 2006 as per
an order dated July 06, 2010 passed by Government of India, DOPT, in
compliance with the decisions of the Tribunal in OA No.164/2009
S.R.Dheer & Ors. Vs. UOI & Ors. decided on February 19, 2009, followed
by another decision dated April 09, 2010 allowing OA No.1165/2010
Mrs.Sunita Devi Vs. The Secretary DOPT. Learned senior counsel would
highlight that the decisions of the Tribunal were unsuccessfully challenged
by the Union of India before the Delhi High Court and on the issue attaining
finality, office order dated June 06, 2010 was issued.
7. It indeed would be an incongruous situation if Assistants,
Stenographers and Personal Assistants in the Delhi High Court would
receive Grade Pay `4,200/- and their counterparts in the Central
Administrative Tribunal would receive Grade Pay `4,600/-. On the issue of
parity, we need not trouble ourselves much for the reason the decision of the
Division Bench of this Court pronounced on August 08, 1996 in W.P.(C)
No.1174/1994 K.K.Sharma & Ors. Vs. UOI & Ors. went into the issue of
qualitative and quantitative parity between Assistants and Stenographers as
also Personal Assistants in the Establishment of the Delhi High Court vis-a-
vis Assistants and Stenographers working in the Central Secretariat and
being members of the Central Secretariat Service and Central Secretariat
Stenographers Service.
8. Thus as regards those who march under the banner of Manoj
Kumar i.e. the petitioners of W.P.(C) No.6522/2012, we see no obstacle in
granting relief prayed for by the petitioners therein, making it clear that
since a question of law has been decided by us, the implementation of the
decision would be to the benefit of all Personal Assistants, Judicial
Assistants, Judicial Translators and Assistant Librarians in the Establishment
of the Delhi High Court whom we direct would be paid Grade Pay in sum of
`4,600/- per month with effect from January 01, 2006.
9. W.P.(C) No.6522/2012 is allowed in terms of para 8 above
requiring arrears to be paid within 12 weeks from today and if not paid
within 12 weeks to be paid with interest @ 9% per annum reckoned 12
weeks from today.
10. As regards W.P.(C) No.6751/2012, the undisputed position is
that working in the Central Secretariat, members of the Central Secretariat
Service and Central Secretariat Stenographers Service working as Private
Secretary/Section Officers were hitherto fore in the pay scale `6500-10500
which was the same pay scale in which Senior Personal Assistants, Senior
Judicial Assistants, Senior Judicial Translators, Senior Assistant Librarians
and Readers in the Establishment of the Delhi High Court were placed when
the recommendations of the 5th Central Pay Commission were implemented
and prior thereto when the recommendations of the 4 th Central Pay
Commission were implemented the parity was in the pay scale `2000-3200.
That those working in the Central Secretariat hold Gazetted posts and their
brethren in the Delhi High Court do not work on Gazetted post would make
no difference firstly for the reason the pay rules do not draw any such
distinction, secondly historically when non-functional upgradation by
placing them in non-functional scale of `8000-13000 was granted to those
working in the Central Secretariat, similar benefit was granted to the
petitioners in the Delhi High Court in the past. And lastly when in the past
when recommendations of the 5th Pay Commission were implemented by the
Central Government pertaining to those working in the Central Secretariat
the pay was fixed in sum of `6,900/- in the pay scale `6500-10500 i.e. with
benefit of two increments and similar was the position in the Delhi High
Court. This would be evidenced from the orders dated August 25, 2006 and
April 23, 2007 annexed as Annexure PX-3 and PX-4 to the rejoinder
affidavit filed in W.P.(C) No.6751/2012.
11. Accordingly, it has to be held that writ petitioners of W.P.(C)
No.6751/2012 would be entitled, on being placed in PB-II, to be granted
Grade Pay in sum of `4,800 with effect from January 01, 2006 instead of
`4,600/- and after rendering 4 years' service to be granted the non-functional
scale at par with their counterparts working in the Central Secretariat, and
for which the Establishment of the Delhi High Court would ascertain as to
what is the Pay Band and Grade Pay applicable when non-functional scale
benefit on rendering 4 years' service is accorded to by the Central
Government to Section Officers and Private Secretaries. W.P.(C)
No.6751/2012 is disposed of accordingly requiring arrears to be paid with
effect from January 01, 2006 within 12 weeks from today and if not paid
within 12 weeks to be paid with interest @ 9% per annum reckoned 12
weeks hereinafter till date of payment.
12. Parties shall bear their own costs.
(PRADEEP NANDRAJOG)
JUDGE
(V. KAMESWAR RAO)
JUDGE
MAY 02, 2013
mamta
