W.P.(C) No.7231/2007. Case: Union of India Vs R. K. Sharma and Others. High Court of Delhi (India)
| Case Number | W.P.(C) No.7231/2007 |
| Counsel | H. K. Gangwani, V. S. R. Krishna, Bimla Devi |
| Judges | A. K. Sikri & V. K. Jain, JJ. |
| Issue | Central Civil Service (Revised Pay) Rules, 1986 |
| Judgement Date | May 29, 2009 |
| Court | High Court of Delhi (India) |
Judgment:
V. K. Jain, J.
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The respondents, who are working as Junior Accounts Officers in the Department of Economic Affairs, were placed in the pay scale of Rs. 5500-175-9000. Some posts of Junior Accounts Officer in the Department of Economic Affairs were encadred in the Organised Accounts Cadre. It was, therefore, decided to allow them higher pay scale of Rs. 6500-10500 w.e.f. 23.11.2005, as a special case, as they were working side by side with the Accounts posts encadred in Civil Accounts Service and those who were holding encadred posts in Organised Accounts Services, were drawing pay scale of Rs. 6500-10500. Since, the Junior Accounts Officers belonging to Organised Accounts Service were placed in the pay scale of Rs. 6500-10500 notionally w.e.f. 1.1.1996 and actually w.e.f. 19.2.2003 the respondents also represented for according similar placement to them. Their request having been turned down, OA No. 969/06, was filed by them before the Central Administrative Tribunal. Vide order dated 10.5.07, the Tribunal held that once the Govt. had agreed to accord to the applicants, same pay scale as was accorded to the incumbents of the Organized Accounts Services, the benefit should have been granted to them from the same date from which it was accorded to their counterparts, as they are identically situated and were equal in all respects.
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The order of the Tribunal has been assailed mainly on the ground that the respondents are not members of an Organised Accounts Service and the higher pay scale of Rs. 6500-10500 was accorded to them as a special case vide order dated 23.11.2005, and therefore, they cannot claim this scale notionally w.e.f. 1.1.1996 and actually w.e.f. 19.2.2003.
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In our view, the stand taken by the petitioner is not justified in law. This is not the case of the petitioner that higher scale of Rs.6500-10500 was accorded to the respondents as a matter of concession without finding any justification for it. The higher scale was given to them as they were working side by side with the persons holding Accounts posts encadred in Civil Accounts Service. Once the petitioner agreed that the functions being performed by the respondents were identical to the functions being performed by those who were encadred in Civil Accounts Service and who, by virtue of being from Organised Accounts Service, were drawing the pay scale of Rs. 6500-10500 and the Govt. decided to extend the higher pay scale to them, there was absolutely no...
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