PRAKASH DAJIBA MESHRAM Vs. UNION OF INDIA

JUDGEMENT

(1.) 25 applicants in this OA seek following relief:

(2.) Admitted facts of the case are that applicants were appointed to the cadre of Lab. Superintendent (LS)/Assistant Chemist/Lab. Technician, Pathological Department of Northern Railway. In different zones of Indian Railways, different designations were given to entry grade incumbents, such as Assistant Chemist/Lab. Supdt./Lab. Tech. etc. There was no uniformity in the pattern of designation of posts for a long time and each Railway had been using loose terms, nomenclatures and designations for posts carrying one and the same job responsibilities of carrying out Pathological tests in various Railway Hospitals. Consequent to observations made by 3rd Central Pay Commission, Railway Board issued a Circular dated 19.06.1985 disapproving various loose terms/designations being used, and decided that existing designations of various categories both of Groups 'C' and 'D' may be replaced by the designations shown in the Annexure appended to said Circular. In place of existing designations, Lab. Supdt./Chemist (Food Analysis)/Asstt. Chemist, revised designations were Lab. Supdt. Gr-I, Lab. Supdt. Gr-II and Lab. Supdt. Gr.III carrying pay scales of Rs. 550-900, Rs. 425-700 and Rs. 380-560 respectively. Para-2 of said Circular specifically stipulated that revised designations were to be adopted without any change in their pay scales, method of recruitment, seniority and avenues of promotion. The existing promotional quota available with the Medical Department was also to remain unchanged. Similarly, para-3 provided that the revised designations of various posts should be strictly enforced. The pay scale of Lab. Supdt. category was reconsidered by the 4th CPC & recommendations made, in turn, accepted by the Railways, were -

(3.) AS per Annexure appended to said communication dt. 17.8.1998, categories of Lab. ASstt. and Chemist / Lab. ASstt. were depicted separately. It would be expedient to notice the relevant excerpts of same, which reads as under: