LAWS(CA)-2006-9-33

ALL INDIA CENTRAL GROUND WATER BOARD EMPLOYEES ASSOCIATION CENTRAL EXECUTIVE COMMITTEE AND N SOMAIAH SECRETARY GENERAL OF AICGWBEA CENTRAL EXECUTIVE COMMITTEE Vs. UNION OF INDIA

Decided On September 15, 2006

JUDGEMENT

(1.) MA No. 365/2006 for joining in a single OA is allowed.

(2.) Applicants have sought pay scales recommended by Arbitration Board notionally from 22.8.1973 and actually from 16.11.1978 which have been made applicable to Draftsman in various departments of the Government. Applicants have relied upon order dated 31.7.1992 in OA No. 1978/1988 All India P&T Civil Wing Non-Gazetted Employees Union v. Union of India and Ors.; order dated 25.3.1996 in OA No. 2020/1994 Dinkar rao Kawday and Ors. v. Union of India and Ors.; and order dated 15.4.2002 in OA No. 2514/2001 K.B. Sehgal and Ors. v. Union of India and Ors., which are stated to have been implemented by related Ministries/Departments.

(3.) RESPONDENTS have admitted that in 1984 Government revised the pay scales of Draftsmen on account of award of the Board of Arbitration in respect of CPWD in pursuance of the recommendations of the Third Central Pay Commission. The Tribunal had ordered grant of higher pay scale in terms of the recommendations of the Board of Arbitration notionally w.e.f. 22.8.1973 and actually from 16.11.1978 instead of 13.5.1982 notionally and 1.11.1983 actually in respect of the applicants of the related cases. The learned Counsel of respondents further stated that CGWB had recommended the grant of revised pay scales to the Draftsmen in CGWB as claimed by applicants, but the Ministry of Finance (Department of Expenditure) did not accept the proposal because 'the benefit of the order of CAT is normally restricted to the applicants only and the same cannot be extended to all'.