- (1.) Leave granted.
(2.) The Union of India questions legality of judgment rendered by Division Bench of the Guwahati High Court upholding judgment of the Central Administrative Tribunal (for short 'the Tribunal') by which direction was given to pay Stenographers of subordinate offices the same scale of pay as paid to the Stenographers Grade C in the Central Secretariat. The said direction was given by order dated 25-2-2000 in Review Application No. 15/98 in O.A. No. 151/91. Originally, by order dated 10-8-1998, the application. No. 151/91 was dismissed by the Tribunal.
(3.) Factual background forming foundation of the subject-matter of appeal is as follows : The respondent (hereinafter referred to as 'the employee') was working as a Stenographer Grade II in the office of Geological Survey of India w.e.f. 4-1-1984. He was placed on the pay scale of Rs. 1400-40-1800-EB-50-2300 based on the recommendations of the Central Pay Commission. There was dissatisfaction by several employees about the scales. A Board of Arbitration was constituted after agitation by some of the staff. It rejected the claim of absolute parity of pay scales of Stenographer Grade II with that of Stenographer Grade C of the Central Secretariat. It was, however, recommended that the scale should be Rs. 1400-40-1600-50-2300-EB-60-2600. The Ministry of Finance (Department of Expenditure) issued OM 7(18)-53/81, dated 4-5-1990 in this regard. On the basis of office Memorandum dated 31-7-1990 of Department of Personnel and Training, with concurrence of Ministry of Finance, Department of Expenditure revised scale of pay of Stenographer Grade 'C' in Central Secretariat Stenographer Service to Rs. 1640-60-2600-EB-75-2900 with effect from 1-1-1986. It is to be noted as indicated supra that on 4-5-1990 the Ministry of Finance, Department of Expenditure by its Office Memorandum dated 4-5-1990 clarified that considering the demand by the National Council of JCM, matter was referred to Board of Arbitration which considered the claim on 17/18-8-1989. The claim was rejected holding that there was no parity in the pay scale of Stenographer in the subordinate offices and the Secretariat. The award was given on 18-8-1989. When the scale of pay of Rs. 1400-40-1800-EB-50-2300 was fixed pursuant to the Award by the Board of Arbitration to Rs. 1400-40-1600-50-2300-EB-60-2600, Ministry of Finance implemented the decision of the Board of Arbitration and Office Memorandum dated 4-5-1990 as referred to above was issued. The Stenographers Grade II in subordinate offices were placed in the same pay scales of Rs. 1400-2600 w.e.f. 1-1-1986. The view of Union of India was that Stenographer Grade II are not in comparable grade with Stenographer Grade 'C' in Central Secretariat. According to it, services in Stenographer Grade 'C' in the Central Secretariat belong to Grade 'B' whereas Stenographers Grade II in Geological Survey of India are classified as Grade C (Ministerial). A representation was submitted by the respondent to the Deputy Director General, Geological Survey of India, Shilong, requesting to fix his pay in the revised scale of Rs. 1640-2900 in terms of Office Memorandum dated 31-7-1990. Thereafter on 10-7-1998 the respondent-employee filed O.A. No. 151/1991 before the Tribunal seeking parity of pay scale with that of Stenographer Grade 'C' of the Central Secretariat. O.A. was dismissed by the Tribunal holding that nature of work, duties and responsibilities of the two categories of Stenographers were not the same. Subsequently on 25-2-2000 the Tribunal took a different view in the review application filed. In the review application it held that all the relevant facts were not placed before the Central Pay Commission and it has not given any reason as to why different scales were to be fixed. It was observed that nothing in the report of the Pay Commission indicated that nature and duties of the employees were specifically considered. It only made the difference on the ground that workload and responsibilities of Stenographer Grade 'C' of Central Secretariat are expected to be heavier. Tribunal found fault with this conclusion. It was further noted that the nature of work, duties and responsibilities of the two categories of Stenographers clearly indicate that the relevant aspects were not considered by the Commission and it proceeded on a different basis. The Tribunal was of the view that Stenographer Grade II should be placed in the pay scale of Rs.1640-2900 by applying the logic of equal pay for equal work. Challenge before the High Court was turned down as noted above.;