- (1.) Respondents herein at all material times were and still are working as Draughtsmen in the Ordnance Factory belonging to Union of India. The pay scale of the Draughtsmen employed in the Central Public Works Department (CPWD) were revised on the basis of the report of the Third Pay Commission from 1.1.1973 in the following terms: (i) Draughtsman - I Rs. 425-700 (ii) Draughtsman - II Rs. 330-560 (iii) Draughtsman - III Rs. 260-430 They were not satisfied therewith as a result whereof dispute raised by them which was referred to a Board of Arbitration. By an award dated 20th June, 1980, the pay scales of Draughtsmen were revised as under: (i) Draughtsman - I Rs. 550-750 (ii) Draughtsman - II Rs. 425-700 (iii) Draughtsman - III Rs. 330-560 It was directed in the said award that the scale of pay would come into force with effect from 1.1.1973 but for computation of arrears the date of reckoning shall be 28/29th July, 1978. The pay scales of Draughtsmen of CPWD were revised. The Draughtsmen employed in some departments other than CPWD claimed revision of their pay scales by raising a similar demand in the light of the revision of pay scales in CPWD. Acceding thereto, an office memorandum dated 13.3.1984 was issued stating: "Sub: Revision of Pay Scales of Draughtsman Grade III, II & I in all Govt. of India Offices on the basis of Award of Board of Arbitration in the case of Central Public Works Department. The undersigned is directed to state that Committee of the National Council (JCM) was set up to consider the request of the staff side that the following revised scales of pay allowed to the D/Man Grade I, II & III working in C.P.W.D. on the basis of the Award of Board of Arbitration may be extended to D/Man Grade III, II & I in all Govt. of India Officers: Original Scale Revised Scale on the basis of award Draughtsman Gr. I Rs. 425-700 Rs. 550-750 Draughtsman Gr. II Rs. 330-560 Rs. 425-700 Draughtsman Gr. III Rs. 260-430 Rs. 330-560
(2.) The President is now pleased to decide that the Scales of Pay of D/man Gr. III, II, I in office/ Deptt. Of the Govt. of India, other than the C.P.W.D. may be revised as above provided, their recruitment qualification are similar to these prescribed in the case of D/Man in C.P.W.D. Those who do not fulfil the above recruitment qualification will continue in the pre-revised scales. The benefit of this revision of scales of pay would be given notionally with effect from 13.5.1982, the actual benefit being allowed w.e.f. 1.11.1983." A demand was also raised by the Draughtsmen working in the Ordnance Factory herein but there were, however, no three grade structure for the said cadre as was prevalent in CPWD. Prior to revision of the scale of pay in terms of the recommendations of the Third Pay Commission, the scale of pay of Draughtsmen in Ordnance Factory was Rs. 330-560/-. In terms of recommendations of the Third Pay Commission, 50% posts of Senior Draughtsmen were put in the scale of pay of Rs. 425-700 and the remaining 50% of Senior Draughtsmen in the lower pay scale of Rs. 330- 560/-. It was, however, stated that all the posts of senior Draughtsmen were merged and redesignated as Chargeman Grade II (Tech) with effect from 1981.
(3.) Appellants herein contend that the Draughtsmen in Ordnance Factories were treated equivalent to Draughtsmen Grade III of CPWD both in terms of recruitment qualification and job content and, therefore, the office memorandum dated 13.3.1984 was not relevant for their purpose.;