- (1.) THE present writ petition has been field by the Union of India through the Director, Advanced Training Institute, Udyog Nagar, Kanpur, challenging the judgment and order dated 27.3.2001 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No. 1835 of 1993. The Tribunal by the order, under challenge, has allowed the claim of the applicant -respondent and directed to grant pay scale of Rs. 1640 -2900 to the applicant w.e.f. 1.1.1986 alongwith arrears together with 6% interest on the basis of judgment passed by the Principal Bench of the Tribunal in Original Application No.157 of 1990 ( C.P.W.D. Translator Association Vs. Union of India and others), decided on 10.1.1992.
(2.) THE Tribunal was approached by the applicant/ respondent stating that he joined the service of Union of India on 17.1.1961 and was posted as Junior Hindi Translator on 31.12.1995. Thereafter, he was promoted to the post of Senior Hindi Translator in the pay scale of Rs. 550 -800 vide office order dated 5.7.1984.This scale has been subsequently revised to 1600 - 2660, in which petitioner was placed. The claim of the applicant -respondent, before the Tribunal, was that Junior Hindi Translators and Senior Hindi Translators are working in the different departments of the Union of India for performing similar duties. It is claimed that while posts with a higher pay scale of Rs. 1640 -2900 of Senior Hindi Translator was contemplated in the Central Secretariat, Official Language Service Cadre, constituted under the department of official language, however other departments for the same work, lesser scale of Rs. 1600 -2660 was available. Further case of the applicant was that 4th Pay Commission has recommended grant of pay scale of Rs. 1640 -2900 to the Senior Hindi Translator. The 4th Pay Commission also recommended that model rules for these posts be framed to bring about uniformity amongst Hindi Translators, working in different departments, who are governed by separate set of service rules. The applicant also relied upon on earlier adjudication made by the Principal Bench of the Tribunal, which dealt with the claim of Hindi Translators working in the Armed Forces headquarter/ Inter Service Organization at New Delhi.
(3.) THE claim was opposed by the petitioner, by contending that service conditions of the applicant were governed by separate service rules and the rules applicable in the case of Central Secretariat or its attached/ subordinate offices have no application in the instant case. It was also pleaded that differences exist in the work and duties of the applicant in comparison to the employees of Secretariat, apart from the fact that service rules of recruitment, also vary. It was also stated that the department of expenditure has not approved the higher scale claimed.;