K B HARIHARAN SON OF LATE SHRI K K BALAGANGADHRAN Vs. UNION OF INDIA

JUDGEMENT

(1.) APPLICANT appointed as Sr. Technical Assistant w.e.f. 23.3.1988 in this OA seeks direction to respondents to re-fix his pay scale w.e.f. 1.1.1986 instead of 11.9.1989 extending the benefit of various judgments of this Tribunal including the Full Bench judgment of Principal Bench of this Tribunal in OA 2639/1999 dated 31.7.2000 [Babu Lal and Ors. v. Union of India and Ors.].

(2.) The contention raised is that it is well settled that if the relief is granted to a particular group, it should be applied equally to all other similarly placed. It is not in dispute that the applicant is similarly situated to officials in whose favour this Tribunal passed orders on 16.2.2004 in batch of cases i.e. OAs 1963, 2484 and 2486 of 2003. Shri P.K. Sharma, learned Counsel contended that the applicant had submitted a representation seeking extension of benefit of orders pronounced by this Tribunal in afore-mentioned cases which has not been agreed to solely on the ground that since no general order had been issued by the Government of India for extending the benefit to non-applicants, the benefit granted by the Tribunal would be applicable to the applicants of those cases only.

(3.) THE question, which had been adjudicated by the Full Bench of this Tribunal in afore-mentioned OA had been: 'Whether EDP staff working in different departments are entitled to parity in the pay scales with other EDP staff who have been granted pay scale w.e.f. 1.1.86, or w.e.f. 11.9.89, as has been granted to them by the office memorandum dated 11.10.89? THE Full Bench vide detailed order and judgment dated 31.7.2000 ruled that the applicants were entitled to benefit of the aforesaid OM dated 11.10.1989 w.e.f. 01.1.1986 with consequential benefits. Following the aforesaid Full Bench judgment, subsequently various other OAs were also allowed. Shri Rao Vijay Pal, learned Counsel for respondents contended that since no general order had been issued by the Government of India for extending the benefit to the non-applicants, no relief can be granted and, therefore, the applicant is not entitled to relief claimed for.