Deepak Verma, J. - (1.) IN these and connected appeals, we are required to consider the effect and implication of the Office Memorandum No.13(1)-IC/91 dated 19.10.1994 (hereinafter for the sake of brevity shall be referred to as 'O.M.') issued by Government of INdia, Ministry of Finance, with regard to revision of pay scales of Draughtsmen Grade I, Grade II and Grade III in all Government of INdia offices. As it was felt that Draughtsmen of various Departments, even though discharging same functions, were paid different pay scales, thus to bring parity throughout the country with regard to their pay scales, the aforesaid O.M. was issued. The said O.M. came to be considered by the various High Courts namely, High Court of Karnataka, High Court of Andhra Pradesh, High Court of Madras and High Court of Gujarat as many Draughtsmen had approached the different Benches of Central Administrative Tribunals for extending them the benefits of the O.M. Since the benefit was extended to them by the different Tribunals, Union of INdia and/or Department of Telecommunications had approached the jurisdictional High Courts challenging it. However, there have been divergent views with regard to implementation thereof. Thus, in nut shell we are called upon to set at rest the controversy by giving true, correct, proper, meaningful and purposeful interpretation of the said O.M.
(2.) VARIOUS judgments of the High Courts would also be considered at a later stage. Prior to issuance of the said O.M., a notification was issued on 23rd August 1993 by the Ministry of Communication, Department of Telecommunications dealing with the same subject as mentioned hereinabove. This Notification was issued in the light of various orders passed by the Central Administrative Tribunal and various High Courts from time to time. On account of several representations received from Draughtsmen for introduction of Grades and pay scales at par with those working in CPWD, by the said Notification three grades in the pre-revised payscale of Rs.330-560, Rs.425-700 and Rs.550-750 designated as Draughtsmen Grade III, Draughtsmen Grade II and Draughtsmen Grade I respectively were fixed. The said notification further fixed ratio of 60:30:10 for Draughtsmen Gr.III, Gr.II and Gr.I respectively. The number of posts for Grade II and Grade I were to be worked out on Circle basis as these are Circle cadres. It further contemplated that the revised pay scales will be admissible to these officials notionally from 22.8.1973 but actual financial benefit would accrue to them from 16/11/1978 or from the date of appointment / promotion in each grade, whichever is later. Another Notification dated 6.7.1994 was issued by the same Ministry in exercise of powers conferred by proviso to Article 309 of the Constitution of India and in supersession of the Telecommunications Department Draughtsmen (Recruitment) Rules 1986. By this Notification, the Rules with regard to regulating method of recruitment to the post of Draughtsmen Grade III, Grade II and Grade I in the Department of Telecommunication were notified, known as the Telecommunications Department (Draughtsman Grade III, Grade II and Grade I) Recruitment Rules, 1994. They were to come into force from the date of its publication in the official gazette. Schedule appended thereto mentions that total number of 900 posts would be available with regard to Draughtsmen Grade III in the pay scale of Rs.1200-30-1560-EB-40-2040, 450 posts of Draughtsmen Grade II would be available in the pay scale of Rs.1400-40-1800-EB-50-2300 and 150 posts would be available for Draughtsmen Grade I in the pay scale of Rs.1600-50- 2300-EB-60-2660 as on 31.12.1992. However, it was subject to variation as per the requirement and need of the Department.
(3.) ALL these posts were categorised as Group 'C' and DPC of the officers was to be constituted as projected in the said schedule. As already mentioned hereinabove, all the aforesaid cadre posts were in the ratio of 60:30:10. Impugned O.M. Dated 19.10.1994 clearly mentioned that minimum period of service for Grade III, Grade II and Grade I would be 7 years, 5 years and 4 years respectively, so as to make them entitled to earn upgradation or revision of their salary.;