- (1.) The challenge in the present writ petition is to the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal'), on 2.12.2003 (Annexure P.13), whereby an original application filed by the petitioner was dismissed.
(2.) The brief facts out of which the present writ petition arises are that the petitioner was initially appointed in Group-D and subsequently promoted to the posts of Junior Clerk; Senior Clerk; Superintendent and the Assistant Administrative Officer (AAO). The petitioner was promoted from Clerk to Senior Clerk in the pay scale of Rs. 1200-2040/- on 10.5.1973; to the post of Superintendent in the pay scale of 1640-2900/- with effect from 15.6.1988. Vide order dated 17.6.1995, the respondents revised the pay scale of the Assistant from Rs. 1400-2600/- to Rs. 1640-2900/- with effect from 1.1.1986, but pay scale of the Superintendent was not revised.
(3.) The grievance of the petitioner is that the Superintendents working at the Institution level, are entitled to higher pay scale than that of the Assistants working at the Headquarters. The petitioner submitted a representation on 24.10.1995 claiming higher pay of the post of Superintendent than the pay of Assistant. Since such representation was not favourably decided, the petitioner filed an Original Application bearing OA No. 567-HR-96 before the Tribunal. The said application was decided on 20.5.1997 when the following order was passed : "In this application, the agitation is for revision of pay scale of the applicant who is Superintendent in the scale of Rs. 1640-2900/- to that of Rs. 2000-3500/- on the ground that the duties and responsibilities of Superintendent are much higher than the Assistants working at Headquarters office of the ICAR and he should be given the higher pay scale. As per the recent judgment of the Hon'ble Supreme Court in the case of UOI and Anr. v. P.V. Hariharan and Anr., 1997 2 SCT 649, CA No. 7127 of 1993 arising out of OA 391/91, has precluded the Tribunals from adjudicating the matters of parity of pay or pay scales in the Government Department unless some discrimination is brought to the notice of the Court. This is a matter regarding parity of pay scales between two sets of posts, therefore, it is squarely covered by the directions of Hon'ble Supreme Court. In view thereof, this matter cannot be adjudicated by this Tribunal. 2. However, it was also brought to our notice that the matter is engaging the attention of the authority concerned and the representation filed by the applicant on 4.10.1995 (A.3) is under active consideration. 3. In view thereof, the OA is disposed of with a direction that respondents shall expedite the decision in the matter. OA disposed of accordingly.";