it2025_00522 — When counterparts in another institution has the benefit of revision of pay from a particular date, whereas the Applicant herein had been afforded the same benefit but on a subsequent date, hostile discrimination is writ large and the anomaly should be rectified

When counterparts in another institution has the benefit of revision of pay from a particular date, whereas the Applicant herein had been afforded the same benefit but on a subsequent date, hostile discrimination is writ large and the anomaly should be rectified — This chunk describes that, as per the CCS (Revised Pay) Rules of 1997, a higher pay scale of INR 5000-8000 was prescribed for Technicians with Degree in Science or Diploma in Engineering from January... — Facts:As per the Applicants, they were initially appointed on different dates between 1999-2007 as Junior Laboratory Technician (JLT in short) in the pre-revised pay scale of ₹ 4,500 - 7,000 plus usual allowances under the rules in North-Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS in short). They were subsequently promoted as Senior Laboratory Technician (SLT in short) on different dates in the pay scale of ₹ 5,500 - 9,000 revised to Pay Band-2 ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200. CCS (Revised Pay) Rules, 1997 at Part ‘B' stipulated revised pay scale of ₹ 5,000 - 8,000 to the technicians with either a Degree in Science or Diploma in Engineering. According to the Applicants, all of them are Technicians with Degree in Science, accordingly, they are entitled to the pre-revised pay scale of ₹ 5,000 - 8,000 or Pay Band-2 ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200, as the case may be, from their respective dates of appointment as JLT. Consequently, all of the Applicants are also entitled to Grade Pay of ₹ 4,600 in the cadre of SLT in the pre-revised pay scale of ₹ 5,500 - 9,000 or in Pay Band 2 ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,600 as the case may be. The Deputy Director (Admn.), NEIGRIHMS vide its Order, dated 1-12-2015 upgraded the pay scale of JLT and ECG Technicians from existing PB-1 ₹ 5,200 - 20,200 with Grade Pay of ₹ 2,800 to PB-2 of ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200 with effect from 26-6-2015 whereas, in PGIMER, Chandigarh which is akin to the NEIGRIHMS, the revision had taken place with effect from 1-1-1996. According to the Applicants, the Recruitment Rules of JLTs in PGIMER, Chandigarh and NEIGRIHMS are totally identical without having any iota of difference. In the meantime, the Radiographers in NEIGRIHMS vide O.A. No. 410 of 2016 approached this Tribunal wherein this Tribunal vide Order, dated 16-11-2016 directed the Respondents to grant Grade Pay of ₹ 4,200 to the Radiographers with effect from 1-1-2006, and the said Order was complied with by the Respondents. Further, the pay scale of the Storekeeper was also upgraded vide Communication, dated 7-10-2016 in the Pay Band-2 of ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200 with effect from 1-1-2006 which was the replacement pay scale of ₹ 5,000 - 8,000 of 5th CPC. Though, initially Government of India decided to pay the arrears with effect from 4-2-2011, ultimately they got such benefit with effect from 1-1-2006 vide Communication, dated 8-9-2016 and 20-6-2017 The Applicants submitted that some of them had earlier submitted representations on 5-2-2016 and 29-2-2016 ventilating their grievances inasmuch as SLT is a promotional post of JLT and that Grade Pay of SLT is ₹ 4,200 whereas the Grade Pay of JLT was also upgraded to ₹ 4,200 vide Order, dated 1-12-2015. According to the Applicants, that is an anomalous situation and a cause of serious heartburning for the SLTs because Grade Pay in the feeder cadre and promoted post cannot be same, therefore, the Applicants prayed for upgradation of Grade Pay of SLT vide the aforesaid representations, but to no avail. According to the Applicants, the grant of upgraded pay scale ₹ 5,000 - 8,000 revised to Pay Band-2 of ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200 to the JLTs from 26-6-2015 yielded no benefits to Applicant Nos.1 to 9 inasmuch they were already appointed/promoted, as the case may be, as SLTs prior to 26-6-2015. In view of the above, the Applicants submitted that since the counterparts in PGMIR, Chandigarh had already been granted pay scale of ₹ 5,000 - 8,000 with effect from 1-1-1996, the present Applicants are also entitled to grant of ₹ 5,000 - 8,000 or in PB-2 of ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200 from the date of their appointment as JLT, as the case may be. Though Grade Pay to JLT has been upgraded to ₹ 4,200 with effect from 26-6-2015, the Applicants claimed that they are entitled to it from 1-1-2006. The Respondents filed their written statement wherein they have stated that the pre-revised pay scale of SLT at the time of joining the Institute was fixed at ₹ 5,500 - 9,000 based on the 5th CPC. Besides, the pre-revised pay scale of JLTs (including some of the Applicants in this case) at the time of joining the Institute was ₹ 4,500 - 7,000 based on 5th CPC. However, pursuant to the prescription of Part of the ROP Rules, 1997 recommending higher pay scale of ₹ 5,000 - 8,000 from 1-1-1996 to Technicians with Degree in Science or Diploma in Engineering, the Institute had granted the above higher pay scale to the JLTs (having Degree in Science) prospective from 26-6-2015 i.e., at a time when some of the JLTs had already been promoted as SLT in the Institute and during that period Institute had already implemented the 6th CPC revision vide Revised Pay Rules, 2008 with effect from 1-1-2006. The 6th CPC had recommended merger of the pre-revised pay scale of ₹ 5,000 - 8,000 and ₹ 5,500 - 9,000 into a single common pay scale of Pay Band-2, ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200 as approved and notified by the Government vide Revised Pay Rules, 2008 thereby placing two categories of posts like JLT and SLT in the same pay scale. Therefore, this is purely a fall-out due to the recommendation of the 6th CPC as accepted by the Government of India which had merged the two scales of pay into one common pay scale. As per Office Orders, dated 1-6-2017 and 24-11-2017, PGMIR, Chandigarh had granted 2nd financial upgradations under MACP to the SLTs in the Pay Band-2 of ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,800 in the Level 8 of the Pay Matrix under 7th CPC, which implies that entry pay for the SLT in PGMIR, Chandigarh is still in Pay Band-2 of ₹ 9,300 - 34,800 with Grade Pay of ₹ 4,200 similar to the pay scale of SLT in NEIGRIHMS.