O.A. No. 677/2008. Case: 1. K. C. Joshy, 2. S. James Raj Vs 1. Union of India, Secretary, Ministry of Agriculture, New Delhi, 2. Director General, Fisheries Survey of India, Mumbai. Central Administrative Tribunal
| Case Number | O.A. No. 677/2008 |
| Counsel | U. Balagangadharan, Sunil Jacob Jose |
| Judges | George Paracken (Judicial Member) & K. Noorjehan (Administrative Member) |
| Issue | Limitation Act, 1963; Code of Civil Procedure, 1908 |
| Judgement Date | November 18, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
K. Noorjehan (Administrative Member), (Ernakulam Bench)
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The applicants are challenging denial of revised scale of Rs. 5000-8000 consequent upon 5th Code of Civil Procedure, 1908 recommendations on par with similarly situated persons.
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According to the applicants, they entered the service of the Fisheries Survey of India at Cochin, as Marine Electrician and Refrigeration Mechanic respectively in the year 1994 in the scale of Rs. 1400-2300 and still continue in the same posts. According to them they are Diploma holders in Electrical Engineering/Refrigeration Mechanic. The 5th Code of Civil Procedure, 1908 in paragraph 50.22 and 50.24 specifically recommended that the entry posts where degree or diploma is prescribed as essential minimum qualification were sought to be rationalised. Technicians and Processing Assistants requiring Graduation as minimum qualification should have been placed in the scale of Rs. 1600-2660 the replacement scale of which is Rs.5000-8000. Despite the above, the second respondent while implementing the pay revision granted replacement pay scale of Rs.4500-7000 instead of Rs. 5000-8000. Hence, they filed this O.A. mainly for grant of the higher scale of Rs. 5000-8000 and for grant of financial up-gradation under the ACP Scheme. The main grounds raised by the applicants are that (a) all posts like Processing Assistants, Supervisor Civil and Mechanical and host of others in the FSI, IFP and CIFNET which carried the pre-revised scale of Rs. 1400-2300 were granted the replacement scale of Rs. 5000-8000, the Vth Code of Civil Procedure, 1908 recommended the scale of Rs. 5000-8000 to the posts where the essential qualification is Degree or Diploma, the Government accepted the same and in similar cases the Tribunal granted the higher scale.
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The respondents have filed reply statement. They submitted that the FSI has a fishing fleet of 13 vessels for conducting fishery resources survey. The departmental Workshops have been set up to carry out the routine nature of maintenance repairs on board the vessels attached to each base. In implementation of the recommendations of the 5th Code of Civil Procedure, 1908 therefore, the said pay scales of Rs.1400-2300 was revised to Rs. 4500-7000 as indicated in CCS(RP) Rules, 1997. This was the normal replacement scale because the two posts of Marine Electrician and Refrigeration Mechanic were not included either in part-B or in part-C of the 1st schedule Annexed to...
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