O.A. No. 351/2012. Case: Shiv Arya and Ors. Vs Union of India and Ors.. Central Administrative Tribunal

Case NumberO.A. No. 351/2012
CounselFor Appellant: Susheel Sharma, Advocate and For Respondents: M.K. Bhardwaj, Advocate
JudgesP.K. Basu, Member (A) and Dr. Brahm Avtar Agrawal, Member (J)
IssueService Law
Judgement DateApril 11, 2017
CourtCentral Administrative Tribunal


P.K. Basu, Member (A), (Principal Bench At New Delhi)

  1. The applicants are working as Assistants and Stenographers in Central Social Welfare Board (CSWB) under the Ministry of Women and Child Development, Government of India. Vide letter dated 11.02.1976, the Department of Social Welfare had circulated the Central Social Welfare Board (Service) Rules, 1976, conveying the concurrence of the Ministry of Finance. Rule 7 provides as follows:-

    "7. (a) The employees of the Board may draw pay as specified in Fundamental Rules and Supplementary Rules, as made applicable to Civil Servants of the Government of India.

    (b) The employees of the Board may draw such scales of pay as specified in the schedule referred to in Rule 11. For the purpose of drawing and disbursement of pay, the Secretary of the Board shall be the Head of Office. Provided, however, the Board, may not sanction special pay, except with the previous consent of the Government.

    (c) The Board may, with the prior approval of the Government, revise the scales of pay of the employees of the Board, to keep these on par with the scales of pay drawn by similar categories of employees of the Government of India".

  2. Learned counsel for the applicants first of all contends that it would be clear from these rules that they have to be granted the same pay scale as drawn by similar categories of employees of the Government of India.

  3. It is further contended that all along, the applicants pay scale have been at par with their counter-parts belonging to the CSS (for Assistants) and CSSS (for Stenographers). This continued upto the 5th CPC when both drew the pay scale of Rs. 5500-9000.

  4. After the 6th CPC recommended the merger of three pay scales, i.e., Rs. 5000-8000, Rs. 5500-9000 and Rs. 6500-10500 into the corresponding new Pay Band of Rs. 9300-34800 with Grade Pay of Rs. 4200/-, they have all been granted this Pay Grade and Grade Pay. However, the Grade Pay of Assistants and Stenographers in the CSS and CSSS were later on hiked to Rs. 4600/-, but this was not granted to the applicants on the ground that CSWB is an autonomous body and the applicants do not belong to CSS and CSSS.

  5. The respondents issued the following clarification vide letter dated 23.05.2011:

    "I am directed to refer to Dr. (Mrs.) Kiran Chadha, the then Executive Director's DO letter No. 4-10/88-Prs./516 dated 05.07.1990 addressed to JS (VJ) on the above mentioned subject and to inform that CSWB's proposal for grant...

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