Rekha Palli, J. - (1.) C.M. No19427/2018 (for clarification) 1. The present application has been filed by the writ petitioners seeking clarification of the order dated 16.03.2018, passed by this Court disposing of Review Petition No.89 of 2018, in the light of the assurance given by the learned counsel for the respondents qua the grievance raised by the petitioners regarding their repatriation to their parent cadre without being given an opportunity to exercise their option to remain in Subordinate Statistical Service (hereinafter referred to as 'SSS') in terms of O.M dated 04.12.2014.
(2.) The facts relevant for the purposes of the present application are that the petitioners, who were initially appointed in the Ministry of Labour & Employment, were en-cadred in the 'SSS' as Statistical Investigators Grade IV in the pay scale of Rs.5000- 8000/- in the year 2002. After the petitioners were absorbed in the 'SSS', they became entitled to a higher pay scale of Rs.5500- 9000/- in their parent cadre retrospectively w.e.f. 01.01.1996, by virtue of a judgment dated 21.03.2011 passed by the Punjab & Haryana High Court in CWP No.13743-CAT/2004. The said upgradation in their pay scale pursuant to the aforesaid judgment of the Punjab & Haryana High Court was unsuccessfully challenged before the Supreme Court and as a consequence thereof, the petitioners made representations seeking all the benefits of the higher pay scale of 5500-9000/- in the 'SSS' cadre.
(3.) In the aforesaid circumstances, respondent no.1/ Ministry of Statistics & Programme Implementation after noticing the fact that the petitioners had now been extended a higher pay scale of Rs.5500-9000/- w.e.f. 01.01.1996 in their parent cadre, issued an O.M. dated 04.12.2014 informing the petitioners that a decision had been taken to de-cadre the 29 posts of Investigator Gr.II in the Labour Bureau. All the concerned officials, including the petitioners, were, however, given an option to either opt out of the 'SSS' and revert to their parent cadre, or continue in 'SSS' on the same post they had been encadred, i.e., the post corresponding to the pay-scale of Rs.5000-8000/-. It may be appropriate to refer to the relevant extract of O.M. dated 04.12.2014 vide which the option to continue in the 'SSS' cadre was given to the petitioners:- "In view of the above it has been decided in consultation with DOP&T, M/o Finance and M/o Law to de-cadre the aforesaid 29 posts of investigator Grade II of Labour Bureau and one post of Statistical Assistant of Department of post from Subordinate Statistical Service ("SSS") with immediate effect for all practical purposes. However the concerned officials are hereby given an option either to continue in Subordinate Statistical Service ("SSS") or opt out of it based on the existing seniority position assigned to them in the cadre of Statistical investigator in Grade IV Rs.5000-8000 (Group C), those who opt to continue in "SSS" Shall furnish an unconditional option as per the enclosed proforma (Attached as Annex-I) within fifteen days, so that heir continuation or otherwise as the case may be could be decided. The optees for "SSS" would not be entitled for higher position in the seniority list of junior statistical officer on the basis of higher pay scale extended to them by the Labour Bureau. All the participating Ministries/Departments/Organization of "SSS" including Labour Bureau, Chandigarh and Department of post are requested to provide a copy of the option form to the concerned incumbents as per list enclosed with the request to exercise their option within 15 days. If this Ministry does not receive the option within 15 days from the date of issue of this OM, it will be presumed that the concerned incumbent is not willing to continue in "SSS" and action will be taken accordingly. This issue with the approval of CCA of "SSS".";