OA No. 3721/2009, MA No. 2634/2009. Case: 1. Central Jail Employees Association, Through its General Secretary, Brahm Prakash (Head Warder), 2. Tilak Raj, Warder S/o Milki Ram, 3. Santosh Tiwari, Warder S/o R. K. Tiwari, 4. Praveen Rathi, Warder S/o Rattan Singh, 5. Krishan Chand, Warder S/o Ram Mehar, 6. Ram Dayal Paul, Head Warder S/o Late Ram Sumer Pal, 7. Prakash Chand, Head Warder S/o Net Ram Sharma, 8. Manjubala, Matron W/o Amit Kumar Sharma, 9. Sarita Devi, Matron W/o Dilbagh Singh, 10. Reeta, Head Matron W/o Dhananjay Singh, 11. Sunita, Head Matron W/o Narain Singh Vs 1. (Government of NCT) of Delhi, Through its Chief Secretary, 2. Secretary, Department of Expenditure, Ministry of Finance, 3. Director General (Prision), Tihar Jail Compelx, New Delhi, 4. Union of India, Through its Secretary, Ministry of Home Affairs. Central Administrative Tribunal
| Case Number | OA No. 3721/2009, MA No. 2634/2009 |
| Counsel | Shyam Babu, Ram Kanwar |
| Judges | Shanker Raju (Judicial Member) & Dr. Veena Chhotray (Accountant Member), JJ. |
| Issue | Constitution of India, 1950- Articles 14, 16 |
| Judgement Date | July 13, 2010 |
| Court | Central Administrative Tribunal |
Judgment:
Shanker Raju (Judicial Member), (Principal Bench New Delhi)
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Central Jail Employees Association along with others, which include Warders, Head Warders, Matrons and Head Matrons, have impugned respondents order dated 31.8.2009, where their request for revised pay band and grade pay, as recommended by VI Central Pay Commission (CPC) at par with their counterparts in Delhi Police has not been agreed to.
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Applicants have prayed for quashing of the impugned order and grant of pay scale of Rs.5200-20200 with grade pay of Rs.2000 to the Warders and the pay scale of Rs.5200-20200 with grade pay of Rs.2400 to the Head Warders. The case has a history. Earlier in OA-80/1987 before the Central Administrative Tribunal on the basis of a committee regarding Jail Reforms headed by the then Justice Mr. A.N. Mulla recommended higher pay scale with categories of their counterparts in Delhi Police, which included Warder to be compared with Constable and Head Warder with Head Constable etc. in Delhi Police. However, another committee headed by Mr. R.K. Kapoor, an IPS also recommended allowances and pay scales at par with their counterparts in Delhi Police. Accordingly, in the light of the decision of the Tribunal in OA-80/1987, decided on 7.12.1990 Prison staff and Delhi Police personnel were granted parity in pay scale. Accordingly, from 1.1.1986 Warder was given the pay scale of Rs.950-1400 and Head Warder Rs.975-1600 at par with counterparts in Delhi Police. On 2.3.1993 as a result of judgment in MP No.113/1990 an amendment was made in RA on 2.3.1993, as from 1.1.1996 the recommendations of the V CPC were accepted by the Government whereby Warders and Constable were placed in the pay scale of Rs.3050-4590 and Head Warder and Head Constable in Rs.3200-4900.
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Thereafter OA No.869/1999 was filed by the Central Jail Employees Association whereby ration money etc. had been sought at par with counterparts in Delhi Police. An order passed on 10.11.2006 allowed the OA and on 8.6.2009 approval of the Government has been given for grant of ration money. However, Writ Petition Civil No.1764/2007 filed before the High Court of Delhi by the Union of India against the order of the Tribunal was disposed of with the following directions:
"18.04.2007
Present: Mr. V.K. Tandon, Advocate, for the petitioner.
Mr. Shyam Babu, Advocate, for the respondent.
W. P. (C) No. 1764/2007 and CM No. 3254/2007
We have heard Mr. Tandon for some time. In support of the petition, Mr. Tandon...
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