ALL INDIA FEDERATION OF CUSTOMS AND CENTRAL EXCISE TELECOM STAFF Vs. UNION OF INDIA

JUDGEMENT

(1.) SINCE common orders are under challenge and the dispute involved is identical both these cases were heard jointly and are being disposed of by this common order.

(2.) A nail sketch of the factual matrix can be drawn as under. The first applicant in O.A. 758 of 2002 is the All India Federation of Customs and Central Excise Telecom Staff, Kochi represented by its General Secretary Shri M.J. Thomas and the second applicant therein is a Radio Operator and a member of the Federation. The first applicant Federation in this application represents the (a) Radio Operators (b) Supervisors (Communications-Operation Stream) (c) Communication Assistants (d) Cipher Operators and (e) Cipher Assistants Cadre in the Central Excise and Customs Departments. The applicant in O.A. 20/2003 is a Radio Operator, Telecommunication Wing of Central Excise, Kochi.

(3.) THE Government accepted the above recommendation and as per Part C of the 1st Schedule to the CCS (Revised Pay) Rules, 1997 (Annexure Al) allowed the pay scales as recommended. THE categories to which the applicants belong came under the Caption Telecom Wing in Sl. No. XI dealing with "Ministry of Finance", these categories are in serial number 41 to 45. THE revision of pay scales in respect of the categories of staff to which the applicants belong was implemented by order dated 1st January, 1998 of the 1st respondent (Annexure A3 in O.A. 758/2002). An order dated 31st August, 1998 (A4) was issued indicating the revised pay scales as recommended by the Pay Commission, accepted and implemented by the Government of India. Considering the recommendation of the Pay Commission the Recruitment Rules were amended and published in GSR 378(E) (Annexure. A5). THE applicants and similarly situated were getting the pay scales as recommended by the Vth Pay Commission and implemented by the Government as per Annexures A3 and A4. While so All India Association of Customs, Central Excise and Narcotics Electronic Maintenance Engineers and others filed O.A. 1244/01 before the Madras Bench of the Tribunal for a direction to the respondents to place the Radio Technicians, Technical Assistants and Senior Technical Assistants in the pay scale of Rs. 5000-8000/-, 5500-9000/- and Rs. 6500-10500/-respectively. THE above application was disposed of by order dated 30.8.2002 (copy at A8) directing the Secretary, Ministry of Finance, Department of Revenue, New Delhi to reconsider the matter in the light of the judgment of the Principal Bench of the Central Administrative Tribunal in O.A. Nos. 1003 to 1005 of 2000 pronounced on 8.11.2000 and to pass an order within two months. Under the circumstances the impugned order dated 9th October, 2002 (A6) and 30th April, 2002 (A7) the in these cases were issued. By order dated 30th April, 2002 purportedly in modification of the notification GSR 569(E) dated 30th September, 1997 the entries at Serial Numbers 41 to 45 mentioned under the heading Telecommunications Wing of the Department of Revenue were deleted and as a consequence the posts which were placed at Serial Numbers 41 to 45 were given only the normal replacement pay scales corresponding to the applicable pre-revised pay scales. In the order dated 9th October, 2002 (Annexure A6 in O.A. 758/ 2002) it was stated that the established parity in pay scales in the operational, maintenance and cipher stream in the department was disturbed by the recommendations of the Fifth Central Pay Commission upgrading the pay scales for the posts of Radio Operator under the operational stream under the erroneous impression that the prescribed minimum qualification for recruitment to the posts included Diploma in Radio Engineering and that with a view to set right the anomaly, restore the parity and not to compound the anomaly and disparity the order dated 30th April, 2002 has been issued and the existing incumbents in the Group C would be placed on the normal replacement scale and that no recovery of overpayment made upto 30.4.2002 be made. After issuing the impugned orders in this case in obedience to the direction in the judgment of the Madras Bench of the CAT in O.A. 1244/01 Annexure A9 order dated 11th October, 2002 was issued rejecting the representations of the applicants therein stating that by issuing Annexure A6 order dated 9th October, 2002 serial Nos. 41 to 45 mentioned under the heading "Telecommunication Wing" of the Department of Revenue have been deleted and the status quo has been restored. THE applicants challenge the legality, propriety and correctness of these orders Annexures A6 and A7 in O.A. 758/2002 also Annexures A5 and A6 in O.A. 20/2003 on various grounds. It is alleged in the application that the impugned orders having been issued without jurisdiction are void, ab initio, that the Joint Secretary who issued the order has no authority to issue the orders, that the recommendations made by the Pay Commission which is an independent body which were accepted and implemented by the Government cannot be anulled by an executive order and that the reasons stated for the impugned orders are irrelevant, extraneous and insufficient to issue the impugned orders which would cause adverse civil consequences to the applicants. THE applicants, therefore, pray that the impugned orders may be set aside with consequential benefits to them.