B K SHARMA S/O SH HANS RAJ SHARMA RETD SUPERVISOR BCR OF SPEED POST Vs. UNION OF INDIA

JUDGEMENT

(1.) BY present OA, challenge is made to orders dated 06/20th September, 2005, 25th August, 2005 and 08th August, 2003 rejecting applicant's request for grant of pay scale relating to IRM Cadre. Applicant also seeks direction to Respondents to make payment of said higher post of Head Clerk (Office Supervisor) on which post he is alleged to have worked during the period from 16.09.1997 to 31.10.2000 as well as to determine his retirement benefits on that basis with all consequential benefits including interest & costs.

(2.) Admitted facts of the case are that the applicant joined Respondents as Sorting Assistant in the year 1964 and promoted to post of LSG w.e.f. 30.11.1983 under Time Bound One Promotion (hereinafter referred as 'TBOP' Scheme on completion of 16 years of satisfactory service in the basic grade. He was further promoted to the next higher pay scale of HSG-II under BCR Scheme w.e.f. 01.10.1991 on completion of 26 years of service. It is further claimed that he was appointed to Office Supervisor post w.e.f. 23.06.1997 being a senior most BCR official vide order of the said date.

(3.) SHRI Sant Lal, learned Counsel for applicant contended that impugned orders rejecting applicant's legitimate claim are arbitrary, illegal, discriminatory and violative of Articles 14 & 16 of Constitution of India besides principles of natural justice. Applicant having worked on higher post of Head Clerk / Office Supervisor in IRMs cadre, for which pay scale has been revised retrospectively vide order dated 06.4.1998 is entitled to benefit of said revised pay scale of Rs. 5500-9000/-. There was no denial of fact that he had been posted by the Competent Authority i.e. Senior Superintendent and had actually worked on the said higher post for such a long period i.e. 16.9.1997 to 31.10.2000, duly supported by various documents on record & therefore, he cannot be denied pay & allowance attached to said post. Prior to implementation of Fifth Central Pay Commission recommendations, said post of Officer Supervisor was in pay scale of Rs. 1400-2300/- while he was already drawing pay scale of Rs. 1600-2660/- for general line LSG (BCR). Pay Commission's recommendations were accepted and pay scale was revised to Rs. 5500-9000/- w.e.f. 01.1.1996 vide order dated 06.4.1998 retrospectively. It is well settled that a person who has worked on higher post carrying duties & responsibilities of said post, pay & allowances attached to such post, under the principle of equal pay for equal work, be granted. Reliance was placed on Bhagwan Dass and Ors. v. State of Haryana 1987 (3) SLJ 93 SC and Secretary-cum-Chief Engineer v. Hari Om Sharma 1998 (2) SC SLJ 39. Reliance was also placed on Dwarka Prasad Tiwari v. M.P. State Transport Corporation and Anr. 2001 (2) SC SLJ 519. Further reference was made to judgment dated 11.12.1991 in OA No. 304/91 SHRI Virender Singh and Ors. v. Union of India and Ors.