R K MEENA DY DIRECTOR T DEPARTMENT OF SOCIAL WELFARE Vs. GOVT OF NCT OF DELHI THROUGH CHIEF SECRETARY

JUDGEMENT

(1.) IN this OA the applicant has sought quashing and setting of the order of the respondents dated 17.03.2006 wherein his request for grant of higher pay scale of Rs. 12000-16500 to the post of Deputy Director was rejected. He has accordingly sought a direction from this Tribunal to the respondents to grant the higher pay scale of Rs. 12000-16500 to the post of Deputy Director in his organization, as has been provided to Deputy Directors in other Departments, w.e.f. 01.01.1996, with all consequential benefits.

(2.) The brief facts of the case are that the applicant was appointed as Senior Superintendent in the year 1978 in the Department of Social Welfare, Government of NCT of Delhi, in the pay scale of Rs. 1100-1600, which was revised to Rs. 3000-4500 as a result of the recommendations of the Fourth Central Pay Commission. In the year 1992, the applicant was promoted, on ad hoc basis, to the post of Deputy Director in the pay scale of Rs. 3000-5000, which was revised to Rs. 10000-15200 on the basis of the recommendations of the Fifth Central Pay Commission. In accordance with the recommendations of the Fifth Central Pay Commission, the Government merged the pay scales of Rs. 3000-4500 and Rs. 3000-5000 (being the pay scales of the Senior Superintendent and the Deputy Director, respectively, in the organization of the applicant) into a single pay scale of Rs. 10000-15200 w.e.f. 01.01.1996. Aggreived by this decision, the applicant made several representations to the authorities to confer the next higher pay scale of Rs. 12000-16500 to the post of Deputy Director and, on receiving no relief, he approached this Tribunal through OA No. 2167/2003, which was decided on 04.09.2003 with a direction to the respondent No. 2 to consider the representation of the applicant and pass a speaking order within six months. Upon respondents failing to implement the said order of this Tribunal, the applicant filed a Contempt Petition No. 320/2004. On receipt of the notice in this Contempt Petition, the respondents issued an order dated 21.09.2004, which inter alia read as follows:

(3.) THE applicant then filed another Contempt Petition No. 440/2005, on receipt of notice of which, respondent No. 2 passed the impugned order dated 17.03.2006. THE applicant has since filed MA for withdrawing the Contempt Petition. Hence, the present OA.