Rajasthan High Court
The Union Of India vs Shri Ram Karan Son Of Late Shri ... on 9 February, 2021
Bench: Sabina, Manoj Kumar Vyas
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Writ Petition No. 9755/2020
1. The Union Of India, Through its Secretary, Ministry Of
Commerce And Industry, Department Of Industrial Policy
And Promotion, Udyog Bhawan, New Delhi.
2. The Salt Commissioner, Government Of India, Lawn
Bhawan, 2-A, Lavan Marg, Jhalana Doongari, Jaipur.
----Petitioners/non-applicants
Versus
1. Shri Ram Karan Son Of Late Shri Gyarsi Lal, Aged About
52 Years, Now 58 Years, Resident Of Plot No. 82, Suman
Vihar, Ajmer Road, Jaipur. Presently Working as
Stenographer-C in The Salt Commissioner, Jaipur.
2. Shri Mohanan. V Son Of Kochunny Nambisan, Aged About
49 Years, Now 55 Years, Resident Of II-83, A.G. Colony,
Bajaj Nagar, Jaipur. Presently Working as Stenographer-C
in The Salt Commissioner, Jaipur.
3. Ms. Becky Varghese Daughter Of Late Mr. K.M. Varghese,
Aged About 59 Years, Now 65 Years, Resident Of
Vandematram Apartment, Block-4, Room No. 204,
Sathadar, Ghatlodia Ahmadabad, The then Working as
Stenographer-C in Ahmadabad, Presently Retired.
----Respondents/Applicants
For Petitioner(s) : Mr. Gaurav Jain, Advocate
For Respondent(s) : Mr. Amit Mathur, Advocate
HON'BLE MRS. JUSTICE SABINA
HON'BLE MR. JUSTICE MANOJ KUMAR VYAS
Judgment / Order
09/02/2021
Petitioners have filed this Writ Petition challenging the order
dated 04.09.2019 passed by the Central Administrative Tribunal,
Jaipur Bench, Jaipur, whereby, original application filed by the
respondents, was allowed.
(2 of 3) [CW-9755/2020]
Learned counsel for the petitioner has submitted that vide
office memorandum dated 25.09.2006, the up-gradation of pay
scale was specifically denied to Stenographer Grade-C of CSSS.
Respondents No. 1 and 2 were working at Jaipur and could not be
said to be similarly situated as employee working in Central
Secretariat Services.
Learned counsel for the respondents has opposed the
petition and has submitted that the learned Tribunal has rightly
allowed the original application, basing reliance on the decision of
this Court.
Respondents had filed the original application alleging that
they were working as Stenographer Grade-C in the office of Salt
Commissioner and were aggrieved due to non-grant of grade pay
of Rs.4600/- to them as was admissible to Stenographer Grade-C
working in Central Secretariat.
Respondents had based reliance on the decision of this court
in D.B. Civil Writ Petition No. 5718/2001 and D.B. Civil Writ
Petition No. 2008/2009 dated 13.10.2011.
A perusal of order dated 13.10.2011 reveals that the Central
Administrative Tribunal had allowed the original application filed by
Ramkaran (Respondent No. 1 in the present case) & Another
directing the respondent to grant revised scale of pay to the
applicant on the same basis as Stenographer Grade-C of CCSS
with effect from 01.01.1986. The operative part of the order dated
13.10.2011 reads as under :
"We, accordingly direct the respondents to
grant to the writ petitioners (Applicants of
O.A. No. 306/07) the revised scale of pay
of Rs. 1640-2900 to the applicants on the
same basis as Steno Gr. C of CCSS
notionally w.e.f. 1.1.1986 but the payment
(3 of 3) [CW-9755/2020]
of arrears would be limited to one year
prior to the date of filing of this O.A. The
whole exercise shall be completed within a
period of 3 months from the date of receipt
of a certified copy of this order."
Learned Tribunal by basing reliance on decision of this court
dated 13.10.2011 rightly held that the pay parity claimed by the
respondents in the present case had already been granted by this
court vide order dated 13.10.2011. Therefore, the respondents
were entitled to receive the higher grade pay of Rs. 4600/- as was
admissible to Stenographer Grade-C of Central Secretariat
Stenographer Services.
In the facts and circumstances of the case, no ground for
interference is made out.
Dismissed.
(MANOJ KUMAR VYAS),J (SABINA),J
Priyanka/15
Powered by TCPDF (www.tcpdf.org)
