Delhi High Court

Shankar Singh vs Uoi & Ors on 3 March, 2015

Author: I. S. Mehta

IN THE HIGH COURT OF DELHI AT NEW DELHI
+                                    Judgment delivered on: March 3, 2015

%       W.P.(C) No. 6673/2003


        SHANKAR SINGH                                               ..... Petitioner
                    Through:              Mr. U. Srivastava, Adv.

                            versus

        UOI & ORS                                                   .....Respondents
                            Through:      Mr. R.V. Sinha, Adv.

        CORAM:
        HON'BLE MR. JUSTICE KAILASH GAMBHIR
        HON'BLE MR. JUSTICE I.S.MEHTA

                                     JUDGMENT

I. S. MEHTA, J.

1. Aggrieved from the order of the Central Administrative Tribunal,

Principal Bench, New Delhi dated 23.07.2003 in O.A. No. 2268/2002, the

petitioner has preferred the present writ-petition under Articles 226 and

227 of the Constitution of India for setting aside the aforesaid order and

for issuing necessary directions to the respondent. The present writ-

petition is arising out of above-mentioned O.A. on the basis of the

rejection of the petitioner's representation dated 06.08.2001.

2. The brief facts of the case are that the petitioner, an ex-

serviceman/qualified draughtsman after release from the Army where he

served for eighteen years, was appointed as draughtsman in the scale of

Rs. 1400-2300/- on 12.09.1991, for which the revised pay scale after the

recommendations of the Fifth Central Pay Commission were accepted,

stood at Rs. 5000-8000/-. However, the respondents had fixed him in the

pay scale of Rs. 4500-7000/- which is nowhere found in the entire

recommendations of the Fifth Central Pay Commission. The petitioner

had filed representation to this effect but finding no response from the

respondent, filed an O.A.-296/2002 before the Tribunal which was

disposed of on 06.08.2002. The Ld. Tribunal passed the directions to the

respondents to pass a reasoned order in the aforesaid O.A. The

respondents, thereafter, in compliance of the aforesaid order, passed an

order dated 12.04.2002. Aggrieved from the said order, the petitioner

filed O.A. before the Ld. Central Administrative Tribunal, and the Central

Administrative Tribunal relying on the reason given by the respondent

dismissed the aforementioned O.A. and the petitioner aggrieved from the

said order has filed the present writ claiming the pay scale of Rs. 5000-

8000/- as per the Fifth Central Pay Commission's recommendations

w.e.f. 01.01.1996. The petitioner is claiming the pay scale of Rs. 5000-

8000/- as he is already drawing the pay scale of Rs. 1400-2300/- as per

order dated 30.06.1998. Hence the present writ.

3. The learned counsel for the petitioner argues that the petitioner was

wrongly placed in the pay-scale of Rs. 4500-7000/- vide order dated

30.06.1998. It is contended that since the pay-scale of Rs. 1400-2300/-

has been replaced by the pay-scale of Rs. 5000-8000/- by the Fifth

Central Pay Commission, the petitioner should have been granted the

pay-scale of Rs. 5000-8000/- and not the pay-scale of Rs. 4500-7000/-.

4. On the other hand, the learned counsel for the respondents argues

that the petitioner was originally placed in the pay-scale of Rs. 1200-

2040/- and was entitled to next pay scale of Rs. 1400-2300/- only after

the completion of five years service from the date of his appointment i.e.

11.09.1991.

5. It is an admitted fact that the petitioner was appointed as a

draughtsman on fulfilling the requisite eligibility criteria of ten years. The

pay-scale of petitioner as per the appointment letter dated 11.09.1991 was

Rs. 1200-2040. Later, as per Order No. 13(1)-1C/91 of the Deptt. of

Expenditure dated 19.10.1994, the draughtsmen who had completed

minimum period of service of five years were made entitled to higher pay

scale of Rs. 1400-2300/-. It is not in dispute that the petitioner-appellant

was appointed initially in the pay scale of Rs 1200-2040/- but after some

time, the petitioner was given the higher pay scale of Rs. 1400-2300/-

without the completion of 5 years service which was sine qua non. The

five years service of petitioner was to be completed on 11.09.1996 but the

petitioner managed to get the pay scale of Rs. 1400-2300/- even before

the completion of five years service. However, the petitioner's pay-scale

has already been revised to Rs. 4500-7000/- vide order F.No. 207/8/97 -

DPO dated 14.10.1997 in pursuance of O.M. No. 50 (I)-1C/97 dated

30.09.1997 on the basis of the option exercised by him after the Fifth

Central Pay Commission Report. The aforesaid order of the Govt. of

India, Ministry of Finance, Deptt. of Expenditure (Order No. 13(1)-

1C/91) and its consequential order are reproduced as under:

No. 13(1)-IC/91 Government of India Ministry of Finance Department of Expenditure New Delhi, th the 19 October 1994

Subject: Revision of pay-sclaes of Draughtman Grade - I, II and III in all Govermnet of India Offices on the basis of the Award of Board of Arbitration in the case of Central Public Works Department.

. .........................

The undersigned is directed to refer to this Department's O.M. No. F. (59) - E.III/82 dated 13.03.1984 on the subject mentioned above and to say that a Committee of the National Council (JCM) was set- up to consider the request of the Staff side that following scales of pay, allowed to the Draughtsmen Grade - I, II and III working in CPWD on the basis of the Award of Board of Arbitration, may be extended to Draughtsmen of Board of Arbitration, may be extended to Draughtmen in all Government of India offices:

                                           Origin        Revised scale
                                           al            on the basis of
                                           Scale         the     award
                                           (Rs)          (Rs.)
                 Draughtsmen Grade         425-          550-750

                 Draughtsmen Grade         330-          425-700



                  Draughtsmen Grade            260-              330-560

2. The president is now pleased to decide that the Draughtsman Grade I, II, III in offices/departments of the Government of India other than in CPWD may also be placed in the scales of pay mentioned above subject to the following:

Minimum period of Service for placement from the post carrying scale of Rs. 975-1540 7 years to Rs. 1200-2040(pre-revised Rs. 260-430 to Rs. 330-560).

Minimum period of Service for placement from the post carrying scale of Rs. 1200- 5 years 2040 to Rs. 1400-2300 (pre-revised Rs. 330- 560 to Rs. 425-700).

Minimum period of Service for placement from the post carrying scale of Rs. 1400- 4 years 2300 to 1600-2660 (pre-revised Rs. 425-700 to Rs. 550-750).

3. Once the draughtsmen are placed in the regular scales, further promotion would be made against available vacancies in higher grade and in accordance with the normal eligibility criteria laid down in recruitment rules.

The benefit of this revision of scales of pay would be given effect from 13.05.1982 notionally and actually from 1.11.83.

sd/-

(Shyam Sunder) Under Secretary to the Govt. of India

..........................

The Order dated 30.06.1998 is reproduced hereinunder:

F. No. 201/11/91-DPO. Estt. 2850 Directorate of Prev Opertations Customs and Central Excise 7th Street, Shopping Centre Shantiniketan, New Delhi-21

New Delhi, the 19th October

ORDER In pursuance of Ministry of Finance, Deptt. of Revenue letter F.No. A-26017/59/91-AD. II(A) dated 25.06.1998, the scale of pay of Shri Shankar Singh, Draughtsman of this Directorate is revised from Rs. 1200-2040 to Rs. 1400-2300 from the date of appointment i.e. 12.09.1991 on award of arbitration in the case of CPWD. Accordingly, the pay is also fixed as under:-

               Date from Pay drawn in        Pay fixed in    Date    of
               which the the scale of        the revised     next
               pay is fixed pay of Rs.       scale of pay    increment.
                            1200-2040.       of      1400-
                                             2300.
               12.09.91      Rs. 1200.00     Rs. 1400.00     1.9.92

               1.9.92        Rs. 1230.00     Rs. 1440.00     1.9.93

               1.9.93        Rs. 1260.00     Rs. 1480.00     1.9.94

               1.9.94        Rs. 1290.00     Rs. 1520.00     1.9.95

               1.9.95        Rs. 1320.00     Rs. 1560.00     1.9.96

Consequent upon the recommendation of the 5th Pay Commission, the scale of pay is revised from Rs. 1400- 2300 to Rs. 4500-7000 w.e.f. 1.1.96 and the pay is fixed as under:-

                 1.1.96            Rs. 4750.00       Rs. 1.9.96
                 1.9.96            Rs. 4875.00       Rs. 1.9.97
                 1.9.97            Rs. 5000.00       Rs. 1.9.98

Shri Shankar Singh, Draughtsman who is entitled to draw arrears of pay and allowances w.e.f. 12.09.1991.

The above fixation of pay is subject to post audit and in the light of audit observation, the over payment made, if any either in the form of arrears or otherwise shall be recoverable from the individual concerned.

s/d (P.V. VIRMANI) DEPUTY DIRECTOR (ADMN.)

...................................

6. The draughtsmen who have already been given the benefit under

the Order No. 13(1)-1C/91 of the Deptt. of Expenditure dated 19.10.1994

(Supra), were to be excluded from availing the pay-scales recommended

by the Fifth Central Pay Commission as per Para 3 of the Order dated

1.06.2001 (No. 6/1/98-1C) passed by the Government of India, Ministry

of Finance. The abovementioned order is reproduced hereinunder:

No. 6/1/98-1C GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF EXPENDITURE (IMPLEMENTATION CELL) New Delhi, dated June 1, 2001.

Subject - Recommendation of the Fifth Central Pay Commission - Revision of pay scales of Draughtsmen in Government of India Offices ****

1. In pursuance of an award of the Board of Arbitration, Draughtsman in Grades I, II and III in the Central Public Works Department in the 3rd CPC pay

scales of Rs.425-700, Rs 330-560 and Rs. 260-430 respectively were placed in the higher pay scales of Rs. 550-750, Rs. 425-700 and Rs. 330-560 respectively. Orders were also issued subsequently in this Department's O.M. No. F.5 (59)-E.III/82 dated March 13, 1984 extending these scales of pay to Draughtsmen in all Government of India offices notionally from May 13, 1982 and actually from November 1, 1983, subject to their recruitment qualifications being similar to those applicable in the Central Public Works Department. Following further consideration, orders were issued in this Department's O.M. No. 13(1)-IC/91dated October 19, 1994 extending the corresponding 4th CPC pay scales to even those not possessing the prescribed qualification, subject to the condition that they had instead rendered the length of service prescribed therein specifically for the purpose.

2. The Fifth Central Pay Commission having been appointed in the meantime, the benefits of the higher scale had not flown, as envisaged, to all personnel in various departments who had not completed the prescribed service in the applicable scales of pay. The Fifth Central Pay Commission had also further revised the scales of pay of the common category of Draughtsmen.

3. The staff side has invited attention to the anomalous situation that has arisen as a consequence in the National Anomalies Committee. They had raised the demands that the revised pay scales recommended by the Fifth Central Pay Commission should be extended to the Draughtsmen in all Central Government offices, due weightage being given for the service rendered by the personnel not possessing the prescribed qualifications in the different departments as envisaged in this Department's O.M. dated October 19, 1994. Following consideration of this demand in consultation with the Staff side, the President is now pleased to decide that Draughtsmen in different departments other than the Central Public Works Department who do not possess the prescribed qualifications and excluding those who have already derived the benefits envisaged in the O.M. dated October 19, 1994 may be placed in the scales of pay recommended in the 5th CPC on completion of the

minimum service (including service rendered in the corresponding pre-revised scales) as indicated below:

Minimum period of service to be rendered for placement from the scale of Rs. 3200-4900 (pre-revised:975- .................. 5 1540) to the scale of Rs. 4000-6000 (pre-revised: Rs. 1200-2040) years

Minimum period of service to be rendered for placement from the scale ...................8 of Rs. 4000-6000 (pre-revised:1200- 2040) to the scale of Rs. 5000-8000 years (pre-revised: Rs. 1400-2300 revised to Rs. 1600-2660 by the 5th CPC)

Minimum period of service to be rendered for placement from the scale ...................6 of Rs. 4500-7000 (pre-revised:1400- 2300) to the scale of Rs. 5500-9000 years (pre-revised: Rs. 1640-2900)

4. In determining the eligibility to be placed in the revised scales of pay, the service already rendered in the pre-revised scales will also be duly taken into account. Once the Draughtsmen in various Central Government Departments are placed in the applicable revised scales of pay, further promotion to the higher grades will be made only against the available vacancies in such higher grades in accordance with the normal eligibility criteria prescribed in the Recruitment Rules.

5. These orders shall be applicable to such of those Draughtsmen in various Central Government Departments who had not derived the benefits, envisaged in this Department's O.M. dated October 19, 1994 as on January 1, 1996. The revised pay scales shall also be extended to them only on their fulfilling the revised eligibility criteria now prescribed in paragraph 3 above.

6. Draughtsmen who have already been covered by the orders contained in the O.M.s dated March 13, 1984 and October 19, 1994 shall be eligible to be placed only in the applicable revised scales of pay already approved

for the common category of Draughtsmen in pursuance of the recommendations of the Fifth Central Pay Commission.

7. Ministries/Departments of the Government of India may also initiate immediate action, in consultation with the Department of Personnel & Training, to amend the Recruitment Rules in respect of the posts of Draughtsmen administered by them so that these conform to the recommendations of the Fifth Central Pay Commission.