SECRETARY GOVT OF INDIA AND ORS Vs. SANJAY KUMAR AND ORS
LAWS(DLH)-2007-3-284
HIGH COURT OF DELHI
Decided on March 12,2007

SECRETARY GOVT OF INDIA AND ORS Appellant
VERSUS
SANJAY KUMAR AND ORS Respondents

JUDGEMENT

- (1.) Rule DB.
(2.) With the consent of the learned Counsel for the parties, the matter is taken up for final hearing.
(3.) This Writ Petition challenges the judgment dated 11th July, 2006 passed by the Central Administrative Tribunal (CAT), Principal Bench, New Delhi in OA No. 1935/2005, M.A. No. 1714/2005. The Respondents/Applicant s before CAT case was based on parity of applicability of the Fifth Pay Commission s recommendations as was done in the case of National Institute of Communicable Diseases (NICD) as well as CD in Calcutta. The Petitioners (Respondents herein) are Laboratory Assistants working in Central Indian Pharmacopoeia Laboratory, Ghaziabad. The Tribunal has given the following findings against the Petitioner/Govt. of India in the impugned judgement: Applicants who are Laboratory staff being aggrieved by non-revision of pay scale toRs. 4000-6000 as has been done in the case of Laboratory staff holding technical post in NICD as well as in CD Calcutta approached this Court by way of OA-464/2004 By an order dated 24.2.2004 it has been decided to dispose of the representation of the applicant. In the reply filed before us, we find that in principle respondents had agreed to implement the recommendation of the 5th CPC by extending the pay scale ofRs. 4000-6000 to the incumbents of the post of Lab. Assistant in CIPL Ghaziabad but w.e.f. 19.4.2005. The only explanation to justify the aforesaid action whereby similarly circumstanced and situated incumbents holding technical post have been accorded the pay scale ofRs. 4000- 6000 w.e.f. 1.1.96 is that the Department of Expenditure has approved grant of revised pay scale to the applicants only from 10.4.2005.;


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