TAPEN SEN, J. - (1.) THE petitioners, in the instant case, have prayed for an appropriate direction upon the respondent No.3 (Heavy Engineering Corporation, Ranchi) to implement and pay to them the revised pay scale inclusive of dearness allowance, nonpracticing allowance and other benefits in respect of Medical Officers following the Central Dearness Allowance pattern with effect from 1.1.1996 as per the recommendation of the 5th Pay Revision Commission. The petitioners have also made a prayer to give interim reliefs admissible to them i.e., the Medical Officers of the heavy Engineering Corporation (hereinafter referred to as "the Corporation") with effect from 16.9.1993, 1.4.1995 and 1.4.1996. They also seek for issuance of a writ of mandamus so that the respondents pay them the arrears of dearness allowances for the period 1.7.1997 to 31.12.1998.
(2.) THE petitioners are all doctors of the Corporation who are appointed prior to 1.1.1989 and some of them, as has been pleaded in para 5, are on the outskirts of their service career, and would soon superannuate. They further state that they are governed by the Central Government Pay Scales following the C.D.A. pattern and accordingly, they have made a grievance that the respondents authorities have not allowed them those scales which they should be given and which is drawn by other Central Government Employees following the said C.D.A. pattern. Mr. M.S. Anwar, learned Senior Advocate appearing on behalf of the petitioners heavily relied upon the judgment of the Hon ble Supreme Court of India in the case of Jute Corporation of India Officers ' Association vs. Jute Corporation of India Ltd. and another, (1990)3 SCC 436, and, submitted that the respondent Corporation should strictly abide by the directions given by the said Apex Court. That judgment has been brought on record by Annexure 1 to the writ application.
(3.) APART from the aforesaid facts, Mr. Anwar also submits that the Medical Officers of the Corporation became entitled to revision of their pay scales in the year 1996 itself but such entitlement has remained an empty formality and the respondents have not responded to their lawful grievances, which, according to Mr. Anwar, is so very integral to their service condition. Mr Anwar further relies upon the decision of the Board of Directors taken in its 233rd meeting and from Annexure -10, it will be evident that while discussing the matter in relation to revision to Scales of Pay with effect from 1.1.1996 of the Medical Officer on CDA pattern, the Board took certain other decisions. The resolution has been quoted in Annexure 10 and the same is also reproduced hereinbelow: '' "Item No. 5: Revision of Scales of pay w.e.f. 1.1.1996 of Medical Officers on CDA Pattern. Board discussed the matter and accorded its approval to the revision of scales of pay of Medical Officers on CDA pattern as explained in the note. Board, however, desired that all legal aspects may be examined before implementation of the same. Board also desired that so far as payment of arrears etc. in respect of pay revision of Medical Officers was concerned, it should be at par with other Executives of the Company. Director (Personnel) mentioned that keeping parity with the other Executives of the Company, only Basic Pay, D.A. HRE and NPA will be paid as per the revised scales. These and other perquisites may be revised as and when Company 's financial conditions permits to be applicable for all employees. He further added that after implementation of the wage revision in respect of Medical Officer on CDA pattern, there will be wide disparity in the emoluments of Medical Officers on CDA pattern and other Executives of the Company. Board desired that effective steps may be taken to gradually reduce this disparity by having new incumbents of IDA pattern." ;