RajVir Sharma, Member (J) - (1.) IN this Original Application, the applicants have prayed for the following relief: (i) Declare the action of the respondents illegal and arbitrary in not granting the similar benefit of revision of pay scale to the applicants as granted to staff of other subordinate offices; and Direct the respondents to revise the pay scales of the applicant in the post of Junior Translator as Rs.5500 -9000, up to 31.12.2005, i.e., prior to implementation of 6 CPC; and Direct the respondents to grant the arrears of such re -fixation along with the interest of 18% and all consequential benefits; and Direct the respondents to re -fix the pay of the applicants as per 6 CPC pay scales subsequent to such revision of pay as directed by this Hon'ble Tribunal; and To award exemplary costs; and To pass any other order as this Hon'ble Tribunal deem fit in the interest of justice.
(2.) BRIEF facts: The applicants were appointed as Junior Hindi Translators in subordinate offices of the Indian Navy under the control of the respondents on various dates during 1994 to 2002. Prior to implementation of the 6th CPC recommendations, the applicants were being paid in the pre -revised pay scale of Rs.5000 -8000/ -. 2.1 Senior Translators and Junior Translators working in various offices including Armed Forces Headquarters (AFHQ) and Inter Service Organizations (ISO) were granted 4th CPC pay scale of Rs.1600 -2660/ - and pay scale of Rs.1400 -2300/ - respectively whereas their counterparts in the Central Secretariat Official Language Service (CSOLS) were granted pay scale of Rs.1640 -2900/ - and Rs.1400 -2600/ - respectively. 2.2 Some Senior Translators and Junior Translators working in AFHQ & ISO had filed OA No. 1310 of 1989 (V.K.Sharma & ors vs. UOI and ors) before the Tribunal claiming pay parity with CSOLS. The Tribunal, vide order dated 24.8.1991, allowed the said OA and directed the respondents to grant pay scales of Rs.1640 -2900/ - and Rs.1400 -2600/ - to the Senior and Junior Translators respectively working in the AFHQ and ISO of the Ministry of Defence with effect from 1.1.1986 with all consequential benefits of pay fixation, arrears plus ancillary allowances, etc. 2.3 Similarly situated persons working in the Indian Air Force had filed OA No. 928 of 1994 (Suman Lata Bhatia & ors vs. UOI & ors) claiming similar relief. The Tribunal had also granted the same relief, vide order dated 18.9.1997 (Annexure A/2). 2.4 As per the recommendation of the 5th CPC, Senior Translators, Junior Translators and Translation Officers were granted pay scales of Rs.5000 -8000/ -, Rs.5500 -9000/ - and Rs.6500 -10,500/ - respectively. 2.5 The pay scales of Junior Translators and Senior Translators in the CSOLS were upgraded from Rs.5000 -8000/ - and Rs.5500 -9000/ - to Rs.5500 -9000/ - and Rs.6500 -10500/ - respectively from 1.1.1996 on notional basis and from 11.2.2003 on actual basis, vide order dated 2.4.2004 (Annexure A/5). The pay scales of Junior Translators and Senior Translators were also similarly upgraded in the AFHQ and Department of Atomic Energy, vide Annexures A/6 and A/7 respectively. 2.6 Some Junior and Senior Translators working in the subordinate offices of the Indian Air Force, being aggrieved by the decision of the respondent no.1 denying upgradation of their pay scales, had filed OA No. 402 of 2006 (Suman Lata Bhatia and others Vs. UOI). The Tribunal, vide order dated 17.10.2008 (Annexure A/9) directed the respondents to extend the benefit of upgradation of pay scales notionally from 1.1.1996 and actually from 11.2.2003. Some other Junior and Senior Translators working in subordinate offices of Indian Air Force had also filed OA No. 2600 of 2009 claiming upgradation of their pay scales at par with their counterparts in CSOL, and the Tribunal, vide order dated 18.9.2009 (Annexure A/10), had also issued direction similar to that contained in the order dated 17.10.2008 (ibid) passed in OA No. 402 of 2006. 2.7 The applicants, who are Junior Translators working in subordinate offices of the Indian Navy and are similarly placed as Junior Translators working in AFHQ and Indian Air Force, made representations dated 16.4.2012 (Annexures A/1 collectively) claiming upgradation of their pay scale from Rs.5000 -8000/ - to Rs.5500 -9000/ - and extension of the benefit of the orders passed by the Tribunal in OA No. 402 of 2006 and OA No. 2600/2009. As there was no response from the respondents, the applicants filed the present OA on 4.1.2013. Opposing the Original Application, the respondents have filed a counter reply. It is stated by the respondents that the cadre structure in the CSOLS is different from that in Indian Air Force. The Calcutta Bench had allowed OA No. 615 of 2006 filed by some official language staff working in Army for grant of higher structure at par with that granted to similar posts in CSOLS. Based on the above decision of the Calcutta Bench, the Principal Bench had allowed OA No. 402 of 2006. WP (C) No. 8624 of 2009 filed against the Principal Bench's order passed in OA No. 402 of 2006 was also dismissed by the Hon'ble High Court of Delhi, vide order dated 24.7.2009. The SLP filed against the order of the Hon'ble High Court was dismissed for non -prosecution. The Civil Appeal No. 1119 of 2013 arising out of SLP (C) No. 3380 of 2009 (Union of India & others v. Dhananjay Singh) filed against similar order passed by Calcutta Bench was also dismissed by the Hon'ble Supreme Court, vide order dated 25.7.2013. The respondents have also contended that the O.A. filed by the applicants is liable to be dismissed as being barred by limitation.
(3.) WE have perused the pleadings and heard the learned counsel appearing for the parties.;