LPA--783/2012. Case: NATIONAL INSTITUTE OF PUBLIC FINANCE AND POLICY Vs. NATIONAL INSTITUTE OF PUBLIC FINANCE AND POLICY EMPLOYEES UNION. High Court of Delhi (India)
| Case Number | LPA--783/2012 |
| Citation | NA |
| Judgement Date | January 29, 2016 |
| Court | High Court of Delhi (India) |
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 10.12.2015 % Decided on : 29.01.2016 + LPA 783/2012 & C.M.No.5754/2015
NATIONAL INSTITUTE OF PUBLIC FINANCE AND POLICY
..... Appellant Through: Mr.Manoj Chatterjee, Ms.K.Iyer, and
Ms.Drishti Chatterjee, Advocates versus
NATIONAL INSTITUTE OF PUBLIC FINANCE AND POLICY EMPLOYEES UNION ..... Respondent
Through: Mr.Abhishek Singh, Advocate
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MS. JUSTICE DEEPA SHARMA
HON'BLE MS. JUSTICE DEEPA SHARMA (JUDGMENT)
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In this appeal the appellant has impugned the order of the Judge dated 01.08.2012.
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The brief facts of the case are that the appellant is an non-profit organization, registered with the Registrar of Societies
05.04.1976 and was established with the joint initiative of Ministry Finance (hereinafter referred to as ‘MOF’) and Planning Commission carry out research and training activities in the areas of public finance policy, public expenditure, budgetry control etc. A Memo of Understanding (MOU) dated 09.03.1988 was executed between MOF and the
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Under the MOU, the Central Government was to be represented Finance Secretary, Secretary (Revenue) and the Secretary, Commission. The Chief Economic Advisor, Ministry of Finance and Chairman, CBDT and the Chairman, CEBC were to be permanent Under the MOU the appellant was required to follow the Government’s Rules relating to service conditions and pay and for its non-professional core-staff and no revision in the scales of pay allowances in respect of core staff was permissible except with the of the Ministry of Finance.
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At the time, when appellant society was formulated and registered, the pay scale of Assistants and Stenographers was fixed at `450-800 the pay scale of Stenographer/Assistants of Central Secretariat (CSS) was fixed at `425-800 after the 3rd Pay Commission Report.
the 4th Pay Commission recommendations, the appellant adopted the scale of CSS fixed at `1400-2600 for the Assistants and Stenographers with from 01.01.1986. Subsequently, by OM 31.07.1990 the scale Stenographers/Assistants of CSS was increased to `1640-2900. In the MOU the appellant did not bring the scale of respondents at par of Central Government employees. They consequently raised an
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dispute demanding the corresponding increase in their pay scale. reference was made to Industrial Tribunal by the appropriate government’s order dated 09.09.1997. The following were the terms of reference:
"Whether the Assistants and Stenographers of National Institute of Public Finance and Policy are entitled to fitment in the grade of Rs. 1640-2900 and revised D.A. and if so,what directions are necessary in this respect?"
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The Tribunal passed an award dated 12.04.2002 whereby, based the statement of Mr.Naveen Bhalla, the appellants’ AO granted the respondents. The relevant statement of Mr.Naveen Bhalla is reproduced:
“The Institute has already implemented the scale of pay in respect of Stenographers Gr.II of Rs.5000-150-8000 to Rs. 5500-175-9000 w.e.f. August 2, 1999 with the approval of governing body of the institute. In respect of payment of arrears to the affected staff members w.e.f.
1.1.1986, the same will be paid to the staff members within three months from today latest by
31.1.2002,towards full and final settlement of this case.”
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In the affidavit filed by appellant through Mr. Naveen Bhalla, respondents claim was also admitted. This award was impugned before Single Judge. The learned Single Judge after discussing the case laws West Bengal Vs. Subhas Kumar Chatterjee and Ors. (2010) 11 SCC K.T. Veerappa and Ors. Vs. State of Karnataka and Ors. (2006) 9 SCC 406 and State of Haryana Vs. Haryana Civil Secretariat Personal
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Association AIR 2002 SC 2589 dealing with the power of judicial and relying on findings of the Supreme Court in Yogeshwar Prasad & vs. National Inst., Edu.Planning & Admn. & Ors. Civil Appeal 289 of 2005 held as under:
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However, in the present case there is a peculiar feature which would be evident from the chart below:
Period NIPFP Pay
Scales
Central Govt. pay scales (CSS)
1.1.1976 to
1.1.1986 (prior to implementation of Report of the 4th Pay Commission)
450-800 425-800
1.1.1986 to
31.7.1990 (after coming into force of 4th Pay Commission)
1400-2600 1400-2600
31.7.1990 the Government issued Office Memorandum revising the pay scale of Stenographers Grade-II and Assistants of Central Secretariat Services
1400-2600 1640-2900. This revision was granted to the CSSS staff with effect from
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