- (1.) PER Shree Chandrashekhar, J.: The writ petition being W.P.(S) No. 174 of 2004 was filed by 3 Technical Assistants namely, Sudhir Kumar, Chandan Kumar and Garib Mahto. The writ petition was partly allowed vide order dated 12.07.2006 in and by which the prayer of the writpetitioners seeking a direction to the respondents to revise the payscale of the writpetitioners in the scale of Rs. 5500175 9000/ was declined. Aggrieved, the appellantwritpetitioner no. 3 has filed L.P.A. No. 638 of 2006 and appellantwritpetitioner no. 2 has filed L.P.A. No. 483 of 2006. The National Institute of Foundry and Forge Technology, aggrieved by the direction of the learned Single Judge to place the appellants in the payscale of Rs. 5000 8000/, has preferred L.P.A. No. 522 of 2006.
(2.) WHETHER the writ petitioners are entitled to revision of their payscales in terms of PartB to the First Schedule of the Central Civil Services (Revised Pay) Rules, 1997 or not, is the only issue involved in the present Letters Patent Appeals and therefore, all the appeals were heard together and are being disposed of by a common order. Brief Facts: The writ petitioner no. 1 namely, Sudhir Kumar (who is not appellant herein) was appointed on the post of Technical Assistant (Civil) in the National Institute of Foundry and Forge Technology vide letter dated 03.04.1996. The appellant namely, Garib Mahto (L.P.A. No. 638 of 2006) and Chandan Kumar (L.P.A. No. 483 of 2006) were appointed on the post of Technical Assistant in the National Institute of Foundry and Forge Technology vide letter dated 21.03.1997 in the payscale of Rs. 1400401800EB 502300/. The minimum educational qualification for the post of Technical Assistant in NIFFT was Bachelor's degree from a recognized university with Mathematics, Physics and Chemistry or 3 years' Diploma having 2 years' Laboratory/Workshop experience or I.Sc. with all round Workshop/Laboratory Training and minimum 5 years' experience in Mechanical/Erection work. They were appointed on probation for a period of 2 years and their service conditions were governed by the relevant Rules and Orders of the Institute in force from time to time.
(3.) THE 5th Pay Commission was constituted on 09.04.1994 which submitted its report to the Central Government on 30.01.1997. The Central Government constituted an Empowered Committee to consider the report of the 5th Pay Commission and recommendation of the Commission was looked into by a Group of Ministers also. The Central Government accepted the recommendation of the 5th Pay Commission on 18.07.1997 and thereafter, the respondentNIFFT implemented PartA to the First Schedule of the C.C.S.(Revised Pay) Rules, 1997 in respect of the Technical Assistantappellants and revised their payscale from Rs. 14002300/ to Rs. 45007000/.;