DESHMUKH S M Vs. UNION OF INDIA

JUDGEMENT

(1.) THE issues and facts in all these 3 O.As. are identical and the Advocates for both the applicants and respondents are also same, so by mutual consent we have heard them together and have proceeded to pass a common order.

(2.) The applicants have approached this Tribunal against the orders dated 27.12.2000 and 8.11.2001 of the Controller of Defence Accounts (Officers) Pune i. e. Respondent No. 3, whereby claim of the applicants for extending the benefit of pay scale of Rs. 1350-2200 with effect from either from the date of their initial appointment or from 1.1.1986 whichever is later has been rejected. All the applicants No. 1 to 14 are working as Data Entry Operators, Grade 'B' (in shortDEO Gr. B) in the pay scale of Rs. 4500-7000. The applicants No. 15 to 26 are working as Data Entry Operators Grade. 'C' (in short DEO Gr. 'C') in the pay scale of Rs. 5000-8000 and applicant No. 27 is working as Sr. Auditor in the scale of Rs. 5000-8000 in the office of Controller of Defence Accounts (Officers) at Pune. The names of applicants No. 15 to 27 have been deleted by order of this Tribunal and, therefore, now the application is confined only to applicants No. 1 to 14. These applicants were initially appointed as Jr. Key Punch Operator (in short Jr. K.P.O.). The scale of Jr. Key Punch Operators was Rs. 260-400 in 1973 and it was revised to Rs. 950-1500 with effect from 1.1.1986 and the posts were redesignated as DEO Gr. A in the pay scale of Rs. 1150-1500 with effect from 11.9.1989, further revised by the scale of Rs. 4000-6000 with effect from 1.1.1996. The pay of Sr. Key Punch Operators was in the scale of Rs. 330-560 in 1973 and it was revised to Rs. 1200-2040 with effect from 1.1.1986 and redesignated as DEO Gr. B with effect from 11.9.1989 in the pay scale of Rs. 1350-2200. The same was replaced by the scale of Rs. 4500-7000 with effect from 1.1.1996. The applicants submit that they were promoted to the post of DEO Gr. B in the pay scale of Rs. 1350-2200 with effect from the dates shown against each of them in Exhibit A-6 at page 34 of the O. A. The relief sought by the applicants is to grant them pay scale of Rs. 1350-2200 either with effect from 1.1.1986 or from respective dates of their initial appointment to the post of Jr. Key Punch Operator whichever is later with all consequential benefits plus arrears arising alongwith interest of 18% per annum.

(3.) THE respondents have opposed the same and have taken preliminary objections that a policy decision was taken by the respondents for revision of designation of the Jr. Key Punch Operators vide Ministry of Defence (Finance) letter dated 19.9.1990. According to the respondents the policy decision cannot be given with retrospective effect, as the same would entail very heavy financial expenditure to the Government. Further, there has been inordinate delay and laches on the part of the applicants in approaching this Court in that though the posted were redesignated vide letter dated 11.9.1989, they have approached this Court now in 2002. THE respondents relied on the Judgment of the Hon'ble Supreme Court in the case of Bhoop Singh v. Union of India, AIR 1992 SC 1414=1992(2) SLJ 103 (SC), wherein law has been laid down that an applicant who does not approach within time cannot get the benefit of judgment of the Court in another case. Similarly the respondents have also cited the judgment in the case of State of Karnataka v. S.M. Kotrayya and Ors., 1996 SCC (L&S) 1477, wherein it has been held that mere fact that the applicants filed the belated application immediately after coming to know that in similar claims relief had been granted by the Tribunal it can be a proper explanation to justify the condonation of delay. THE explanation must be related to failure to avail of the remedy within the limitation period. THE learned Counsel for the respondents submits that the applicants have not filed application for condonation of delay either, in this matter. THE application is totally barred by the limitation. THE respondents further submit that the applicants were recruited as Jr. Key Punch Operators with minimum qualification laid down i.e. Matriculation and so they cannot claim the higher pay scale of DEO Grade 'B" which is applicable to Graduates. THErefore, the pay scale of Rs. 1150-1500 was correctly given to the applicants as per the Recruitment Rules and the Recruitment Rules were not challenged by the applicants, this was further amended vide Government letter dated 19.9.1990.