- (1.) The writ application is directed for non-consideration of the representation dated 24TH December, 2014 filed by some employees including the petitioner working as cook before the respondents for enhancement of scale of pay at par with the cooks working under Andaman Public Works Department, Raj Niwas and Secretariat in terms of the judgement and order dated 25th July, 1997 passed by the Central Administrative Tribunal in O.A No.113/A&N/1994 (Annexure-5).
(2.) The fact of the writ petition, in short, is that the petitioner Shri K.Appa Rao was initially appointed as Assistant Cook on contract basis vide order No.669 dated 03.10.1997 under the respondents (ANIIDCO Limited) and subsequently vide order no.01 dated 01.04.2002 the petitioner was regularized and vide order No.745 dated 2911.2005 was confirmed in the post of Assistant Cook. Thereafter, the petitioner after discharging several years of service, he was promoted under order No.1083 dated 17.02.2014 to the post of Cook on regular basis in the scale of pay of Rs.5200-20200 plus grade pay of Rs.2000/-. The grievance is, since the petitioner has been discharging his duties with full ability as Cook with utmost satisfaction of his superior like the cooks working under Andaman Public Works Department, Raj Niwas and in the Secretariat, his scale of pay should be at par with the cooks of those establishments on the principle of equal pay for equal work, meaning thereby, the petitioner claims entitlement for the scale of pay of Rs.5200-20200 plus grade pay Rs.2400/- on and from the date of appointment in the post of Cook instead of Rs.5200-20200 plus grade pay of Rs.2000/- which is being enjoyed by him.
(3.) The gist of the opposition set out by the respondents is that the ANIIDCO Ltd is a Government Company registered under section 617 of the Companies Act, 1956 which is guided and controlled by its own Bye-laws and the corporation is not a department of Andaman and Nicobar Administration. It is contended, since the corporation has a different cadre posts from Job Boy to Chef i.e. from Job Boy to the post of Assistant Cook, Cook, Senior Cook, Saus Chef and finally Chef are the respective promotional posts preceded by respective feeder posts with different scale of pay and since the corporation has been running commercial hotel as is opened to all including to the government departments, and, since the corporation having better promotional avenue than the cooks working directly under the Andaman and Nicobar Administration, the writ petition is liable to be dismissed.;