it2025_00544 — Pay scale of Assistants in the Administrative Wing and Assistant Accountants in the Accounts Wing of the Department of Atomic Energy should be in the pay scale of ₹ 6,500-200-10,500 in the Fifth Pay Commission scales of pay

Pay scale of Assistants in the Administrative Wing and Assistant Accountants in the Accounts Wing of the Department of Atomic Energy should be in the pay scale of ₹ 6,500-200-10,500 in the Fifth Pay Commission scales of pay — This chunk discusses a dispute over the pay scale between Assistants and Assistant Accountants in the Department of Atomic Energy, specifically focusing on the decision to raise the pay scale of Assi... — Facts: The four Applicants in this OA working in the Department of Atomic Energy belong to the Assistant Cadre of Administration Wing. Their request is to equalize their pay scale with that of Assistant Accountants in Accounts Wing of the Atomic Energy. Both the categories were promoted from the feeder cadre of UDC which is a common pool. In Fourth Pay Commission pay scale, they were placed in the same scale of pay of ₹ 1,400-2,600. However, the Assistants were placed subsequently in the pay scale of ₹ 1,640-2,900 from 1-1-1986 which continued up to 31-12-1995. However, the O.A. No. 337 of 1999 filed by Assistant Accountants resulted in placing their pay scale also in the scale of ₹ 1,640-2,900 from 1-1-1986. When challenged in the High Court of Bombay against the order in O.A. No. 337 of 1999 held in their Order, dated 13-1-2004 that "the Assistants and Assistant Accountants were similarly situated employees to be similarly treated in the matter of pay scales". Hence their pay also was brought on par with Assistants as stated above. The arrears arising on account of the High Court order had only to be paid from 5-12-1990. On account of revision of pay scale due to Fifth Pay Commission, both the categories were placed in the pay scale ₹ 5,500-9,000 with effect from 1-1-1996. However, the pay scale of Assistant Accountants were raised to ₹ 6,500-10,500 retrospectively from 1-1-1996, but payment actually has to be paid only prospectively. The upgradation pay scale of Accounts Assistant was reported to have been done to bring them on par with the Accountants of Indian Audit and Accounts Department and Central Accounts services. But the Service Association of Assistants represented by the applicants represented on 6-11-2003 and 7-6-2004 against the Order, dated 8-8-2003 by which the pay scale of Accounts Assistants were raised to ₹ 6,500-10,500 and also requested to grant them the same pay scale by Respondents. This OA is filed for that relief. The Applicants submit that their request for equal pay scale with that of the Accounts Assistant is necessary as there were no difference between them earlier. Further, their pay scale were higher in 2nd and 3rd Pay Commission scales of pay. Fifth Pay Commission recommended only same pay scale. But the Respondents raised the pay scale of Accounts Assistant as stated above, thereby violated equality and is an arbitrary action. The higher pay scale of Accounts Assistant is against the orders of High Court. The pay scale of both categories are in Sixth Central Pay Commission, is fixed in same pay band of ₹ 9,300-34,800. Hence the Applicants requested the same pay scale as given to Accounts Assistant from 1-1-1996. To keep similarity in the pay scale of Accounts Assistant with that of Organized Accounts Cadre like Indian Audit and Accounts and other Central Civil Accounts Cadre, their pay scale was raised in the Fifth Pay Commission scales of pay above the Assistants from 8-8-2003. Duties and responsibilities of both the cadres herein are not comparable and hence equal pay for equal work does not arise. Relying on the case of Union of India v. P.V. Hariharan [ 1997 SCC (L&S) 838 ], they submitted that hostile discrimination had not made out for equivalizing the pay scale of Assistants with that of Accounts Assistant. The Tribunal heard both sides. The pay scale of both the parties were brought the same by Order, dated 8-8-2003 even though sometime earlier the Assistants were paid in higher scale. In the OA filed by Accounts Assistants, O.A. No. 337 of 1999, the Respondents argued that the pay scale of Assistant Accountants were in lower scale right from the inception. But now they have reversed their argument justifying higher pay scale for Accounts Assistant. When the Hon. High Court held that both these cadres have similarly situated in the matter of revision of pay, now the Respondents argue for higher pay to Accounts Assistant on account of work content. In spite of the above view, both the categories were fixed in the same pay band of ₹ 9,300-34,800 in the Sixth Pay Commission scale of pay. In view of what is stated above, the Tribunal held: