K UPENDRA MOHAN S/O K MOHAN SWAMY RADIOGRAPHER Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THESE seven applications have been taken up together in view of the common points of fact and law involved therein. For the sake of convenience the facts have been taken from OA No. 791/2006.

(2.) The applicants are Radiographers with the Ordnance Wing of the Ministry of Defence working at different stations and are aggrieved by the impugned orders passed by the authorities whereby the higher pay scale of Rs. 5000-8000 granted to them is sought to be discontinued and the pay scale downgraded to Rs. 4500-7000 from 1.1.1996 in view of the 5th CPC recommendations that Radiographers with minimum qualification of three year diploma in the relevant field are only eligible for the pay scale of Rs. 5000-8000. As such, while the pay scale was to be downgraded, the excess payments already made on account of having extended the higher pay scale would be waived. The applicant in OA No. 791/2006 was appointed in 1999 as Radiographer in the pay scale of Rs. 5000-8000 but served with a notice on 20.7.2005 asking him to show cause as to why the pay scale should not be downgraded since the 5th CPC had recommended the pay scale of Rs. 5000-8000 for Radiographers with minimum educational qualification of three years diploma, which he did not possess.

(3.) IT has been submitted that such downgrading amounts to reduction in rank and the explanation offered by the applicant to the show cause notice has not been considered. While on the one hand at the time of recruitment no such condition was imposed, the anomaly committee supported their case and Dark Room Assistant who is junior was recommended the pay scale of Rs. 1320-2040 (PR) and, therefore, Radiographer being senior was to be placed in Rs. 5000-8000, which was the revised scale. Even the clarifications on ACP Scheme envisaged the next higher scales to be Rs. 5500-9000 and Rs. 6500-10500 for the Radiographer which was an isolated post and this makes it clear that the Radiographer was consciously fixed at Rs. 5000-8000. As such, the downgrading of the pay scale would have serious consequences and also affect the future increments and pension, which would be illegal and unconstitutional.