Uttarakhand High Court
Nat Ional I Nst It Ut E Of Visually ... vs A.K. Dua And Ot Hers on 23 April, 2025
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HIGH COURT OF UTTARAKHAND AT NAINITAL
H ON 'BLE JUSTI CE SRI M AN OJ KUM AR TI W ARI AN D
H ON 'BLE JUSTI CE SRI ASH I SH N AI TH AN I
D e la y Con don a t ion Applica t ion ( CLM A/ 6 5 0 0 / 2 0 1 7 )
In
Special Appeal No. 295 of 2017
Nat ional I nst it ut e of Visually Handicapped
and ot hers -Appellant s
Versus
A.K. Dua and ot hers - - Respondent s
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Presence: -
Mr. Arvind Vashist h, Senior Advocat e assist ed by Ms. Monika Pant ,
Advocat e for t he appellant s.
No represent at ion for t he respondent s
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The Cour t m a de t he follow ing:
JUDGMENT:
( pe r H on 'ble Just ice Sr i M a noj Kum a r Tiw a r i)
1. There is delay of 51 days in filing t his int ra- Court
appeal. Reasons furnished in t he delay condonat ion
applicat ion are sufficient t o condone t he delay in filing t he
appeal. Accordingly, Delay Condonat ion Applicat ion
( CLMA/ 6500/ 2017) is allowed and t he delay in filing t he
Appeal is condoned.
2. This int ra- court appeal is direct ed against t he
j udgm ent and order dat ed 16.03.2017, passed by learned
Single Judge in Writ Pet it ion ( S/ S) No. 1575 of 2007. The
im pugned j udgm ent is reproduced below for ready
reference:
" The pet it ioners have approached t his Court seeking
release of new pay scale on t he basis of recom m endat ions of
5t h Pay Com m ission w.e.f. 01.01.1996.
This Court had direct ed t he pet it ioners t o m ake a
represent at ion. The represent at ion was decided by t he
em ployer. The pet it ioners were released pay scale w.e.f.
18.12.2002 inst ead of 01.01.1996.
The issue raised in t his pet it ion is no m ore res int igra in
view of t he j udgm ent rendered by t he Division Bench of t his
Court in SPA No.265 of 2012 decided on 01.08.2013.
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The Hon'ble Delhi High Court has also decided t he sim ilar
issue in CW No.3242 of 1996 on 03.03.2000.
Pet it ioners were also ent it led t o get pay scale w.e.f.
01.01.1996 inst ead of 18.12.2002.
There should be uniform it y in t he release of pay scale on
t he basis of recom m endat ion of 5t h Pay Com m ission.
Accordingly, t he present pet it ion is allowed. The
respondent s are direct ed t o im plem ent t he recom m endat ions of
5t h Pay Com m ission w.e.f. 01.01.1996 inst ead of 18.12.2002.
The arrears et c. shall be paid wit hin a period of 12 weeks from
t oday."
3. Nat ional I nst it ut e for t he Visually Handicapped
( em ployer) , has challenged t he j udgm ent rendered by
learned Single Judge m ainly on t he ground t hat t he relief
grant ed t o t he writ pet it ioners by learned Single Judge, is
not as per t he j udgm ent rendered by Division Bench of t his
Court in Special Appeal No. 265 of 2012; alt hough it is
m ent ioned in t he im pugned j udgm ent t hat t he cont roversy
st and decided by t he said j udgm ent .
4. Learned Senior Counsel for t he appellant s has
produced in Court j udgm ent dat ed 01.08.2013 passed in
Special Appeal No. 265 of 2012, which is t aken on record.
Operat ive port ion of said j udgm ent is reproduced below for
ready reference:
" 2. We, accordingly, allow t he appeal, set aside t he j udgm ent
and order under appeal and, at t he sam e t im e, allow t he writ
pet it ion by direct ing t he Nat ional I nst it ut e for t he Visually
Handicapped t o give benefit of t he 5t h Pay Com m ission t o t he
appellant s and also direct t he Cent ral Governm ent t o provide
necessary fund t o Nat ional I nst it ut e for t he Visually
Handicapped t o m eet it s obligat ions pursuant t o t his order. I t is
m ade clear t hat while giving such benefit , t he said I nst it ut e and
t he Cent ral Governm ent will ensure grant t hereof wit h effect
from 28t h July, 2003, i.e. t he dat e on which t he ot hers got t he
sam e benefit ."
5. Based on t he j udgm ent rendered in Special Appeal No.
265 of 2012, learned Senior Counsel for t he appellant s
subm it s t hat coordinat e Bench of t his Court , in said
j udgm ent , had direct ed to give benefit of 5th Pay
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Com m ission t o t he em ployees of Nat ional I nst it ut e for t he
Visually Handicapped only from 28.07.2003; while t he writ
pet it ioners ( respondent s herein) were given benefit of pay
revision in t erm s of recom m endat ions of 5th Pay
Com m ission w.e.f. 18.12.2002. Thus, he subm it s t hat
reliance upon j udgm ent rendered in Special Appeal No. 265
of 2012, for issuing a direct ion t o pay benefit of 5 t h Pay
Com m ission to t he writ pet it ioners wit h effect from
01.01.1996, is unsust ainable.
6. Learned Senior Counsel for t he appellant s furt her
subm it s t hat Nat ional I nst it ut e for t he Visually Handicapped
is a Societ y regist ered under Societ ies Regist rat ion Act and
t he com pet ent aut horit y in Nat ional I nst it ut e for t he
Visually Handicapped had t aken a decision, having regard
t o t he precarious financial condit ion of t he I nst it ut e, t o
grant benefit of 5 t h pay revision t o it s em ployees, including
t eachers wit h effect from 18.12.2002, which benefit was
ext ended t o t he writ pet it ioners as well. He subm it s t hat
writ pet it ioners cannot claim revised pay scale from a dat e
ant erior t o t he dat e from which ot her sim ilarly sit uat e
em ployees of Nat ional I nst it ut e for t he Visually
Handicapped were given such benefit .
7. He furt her subm it s t hat t he decision t aken by
com pet ent aut horit y t o grant benefit of pay revision t o
em ployees of Nat ional I nst it ut e for t he Visually
Handicapped from 18.12.2002 was also not put to
challenge in t he writ pet it ion, t herefore, t he direct ion
issued by learned Single Judge to im plem ent
recom m endat ion of 5 t h Pay Com m ission wit h effect from
01.01.1996, is unsust ainable.
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8. We find subst ance in t he said subm ission. Since all t he
em ployees of Nat ional I nst it ut e for t he Visually
Handicapped have been paid benefit of pay revision
pursuant to 5th Pay Com m ission report only from
18.12.2002, t herefore, writ pet it ioners cannot claim any
special t reat m ent . Had it been a case of discrim inat ion
where ot hers were paid benefit of pay revision from
01.01.1996, while writ pet it ioners were paid such benefit
from som e lat er dat e, t hen learned writ court would be
j ust ified in int erfering in t he m at t er and direct ing t he
aut horit ies t o pay benefit of pay revision from 01.01.1996.
9. Since it is not t he case here and coordinat e Bench of
t his Court in Special Appeal No. 265 of 2012 had direct ed
for giving benefit of 5th Pay Com m ission only from
28.07.2003, t herefore, reliance by learned Single Judge on
t he said j udgm ent for direct ing t o pay revised scale from
01.01.1996, is also m isplaced.
10. Thus, t he im pugned j udgm ent cannot be sust ained in
t he eyes of law. We, accordingly, set aside t he im pugned
j udgm ent and allow t he Special Appeal. The em ployees
( writ pet it ioners) shall be ent it led t o benefit of 5 t h Pay
Com m ission w.e.f. 18.12.2002. The arrears of salary, if not
already paid t o writ pet it ioners, shall be paid wit hin t wo
m ont hs from t oday.
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M AN OJ KUM AR TI W ARI , J.
__________________________
ASH I SH N AI TH AN I , J.
Dt : 23 rd April, 2025
Mahinder
