HEMANT GUPTA, J. - (1.) CHALLENGE in the present writ petition is to an order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, on 9.1.2014, whereby an Original Application filed by the petitioner to claim pay of the post of Oral Rehydration Assistant with effect from 4.9.1993 till such time she was appointed by way of direct appointment on 26.5.2001 remained unsuccessful.
(2.) THE petitioner was appointed as a Ward Assistant in the pay scale of Rs.250 -940/ - vide letter of appointment dated 4.9.1993 (Annexure A.4). The petitioner claims that she has been appointed against the post of Oral Rehydration Assistant as two posts were sanctioned vide communication dated 11.9.1992 and that she has been discharging the duties and responsibilities of such post from the date of appointment, therefore, she is entitled to the pay scale attached to the said post. It has also come on record that while sanctioning the post on 11.9.1992, the pay scale of the said post was not specified. It was specified on 22.4.2000, while upgrading the existing two posts of the Ward Attendant to that of Oral Rehydration Assistant. Thereafter, the candidature of the petitioner was considered for appointment to the post of Oral Rehydration Assistant by way of direct recruitment. The petitioner was appointed as such on 21.5.2001 vide order of appointment (Annexure A.14). It is, thereafter, that the petitioner joined on 26.5.2001 as Oral Rehydration Assistant. The petitioner initially invoked the jurisdiction of the Tribunal for claiming pay of the post of Oral Rehydration Assistant from the date of her initial appointment. The Original Application filed by the petitioner was dismissed on the ground of delay and laches, but still a direction was issued to the respondent -Institute to consider the representation of the petitioner. On a Review Application regarding interpretation of Para 15 of the order, the matter was considered by the 3rd Member vide order dated 29.5.2012 and the view taken by Justice S.D. Anand, in Para No. 15 of the order was upheld. The said para reads as under: - "15. The applicant has indeed placed on record lot of documentation whereby the authorities at various hierarchical levels and in different facets of the organization recommended the grant of the relevant pay scale to her. That the matter did not get through at the highest level, is altogether a different matter. Even while non -suiting the applicant in this O.A. we would leave it to the competent authority to hold a detailed examination about the exact nature of duties performed by the applicant during the relevant period. If it is found on point of fact that the applicant had actually been performing all the duties assigned to the incumbents of the post of Oral Rehydration Assistant, it will be for the competent authority to consider the feasibility (in its own discretion) of granting the relevant financial benefit to the applicant."
(3.) THEREAFTER , the petitioner submitted a representation, which was considered and declined on 3.9.2012 (Annexure A.20). It is the said order, which was challenged by the petitioner before the Tribunal, which was dismissed by the order impugned in the present writ petition. It was found by the Institute that the petitioner was appointed as Ward Attendant in the pay scale of Rs.750 -940/ -. She joined her duties on 10.9.1993. The representation of the petitioner for the grant of the higher pay scale was considered by the Pay Anomaly Committee. The Pay Anomaly Committee recommended that the case of Oral Rehydration Assistant be placed before the Standing Finance Committee (SFC). The two posts were created on 4.5.1999 classified as Group -C posts on the recommendations of the SFC. It was found that the Standing Finance Committee/Governing Body/Institute Body, has not approved the upgradation of the petitioner to the post of the Oral Rehydration Assistant but it was observed that she will be considered as per the qualification along with other candidates. The post of the Oral Rehydration Assistant was to be filled 100% by direct recruitment. The said posts were advertised for recruitment in 2001 and the Petitioner was appointed on 21.5.2001. Since the SFC has not approved the upgradation of the post of the Ward Attendant to the Oral Rehydration Assistant, therefore, the petitioner is not entitled to the pay scale of the said post. ;