Surya Kumar Tiwari, J. - (1.) This writ application is directed against the order passed by Central Administrative Tribunal, Calcutta Bench, in O A. No. 935 of 1995 on 24th September, 1997.
(2.) The petitioners are employed in Group-C Post borne in Class-Ill Service as Technical Operators in the Geological Survey of India. Some employees working in the same cadre and doing the same job were granted the scale of Rs. 975-1540 in the pre-revised scale in the view of the order passed in O A. No. 177 of 1994 dated 11.8 94, by the Cuttack Bench of the Central Administrative Tribunal. The association of the petitioners' as well as respondents 15, 16 and 17 jointly filed an application before the said tribunal for fixation the same scale of pay namely Rs. 975-1540 with effect from 1.1.1986. A full Bench of the Central Administrative Tribunal heard the matter and came to a finding that the Cuttack Bench over-looked the earlier decision of another Division Bench at Bangalore wherein the technical operators were denied the pay scale of Rs. 975-1540 demanded by them Hence the decision given by the Cuttack Bench was not correct. However the Bench directed the Union Government to refer the matter for grant of appropriate pay-scale to technical operators to the 5th Pay Commission within 3 mocihs from the date of communication of the order.
(3.) A Full Beech delivered the jdugment on 3rd January, 1995 8nd without waiting for the report of the Fifth Pay Commission, the petitioners filed another application before the Tribunal on 17.7.95 alleging that the petitioners have been denied the right to draw the same scale of pay as enjoyed by their 6 Colleagues namely Rs. 975-1540. Hence their constitutional right to equality and equal pay for equal work have been infringed.;