AI Structured Summary
Not yet generated for this judgment
Judgment
Petitioner was applicant before the Central
Administrative Tribunal, Patna Bench, Patna ("CAT" for
brevity). O.A. 392 of 2011 was filed after two years of his
retirement to give him the benefit of non-functional pay-scale
of Rs. 8000-13500 w.e.f. 24.06.2005, since from that date
such a pay-scale was extended to Private Secretaries of
CAG Headquarters Office in New Delhi as a fall out of
DOP&T''s order, dated 24.06.2005. He made several
representations before the authorities, but they were rejected
on the ground that the pay-scale of Rs. 8000-13500/- was
admissible to Private Secretaries of Central Secretariat
Stenographers Services as per DOP&T''s order, dated
24.06.2005 and not for the field offices or staff. The Tribunal
having heard the matter, both on limitation and the merit,
dismissed the O.A. application, vide, order, dated
05.05.2015, and, therefore, this writ application.
Learned counsel representing the petitioner
makes similar, if not identical submissions, which were made
before the CAT that there is no difference between Private
Secretaries, working in the field viz-a-viz the Private
Secretaries, working in the CAG Headquarters in New Delhi.
It is a case of discrimination and, therefore, the Tribunal was
in error by dismissing the OA, both on the ground of limitation
as well as on merit.
The stand of the respondents before the CAT as
well as before this High Court is that "that CAG Headquarters
office in Delhi is a policy making body, which is treated as
Secretariat, whereas the field offices are the executive offices that
execute the policies framed by the Headquarters and are treated as
non-secretariat formations" and "that the equation between posts
and pay is best left to the executive domain. In view of the different
nature of role of CAG Head office and various field offices under
CAG, the work of the employees and staff are not of equal value.
Accordingly, except the Indian Audit Accounts Services Group "A",
there are separate recruitment rules and pay-scale structure for
Headquarters and the field offices for Group "B", "C" and "D''
employees".
From the reading of the impugned order, passed
by the CAT, it seems that different Recruitment Rules were
also produced to show similarity between the Headquarters
and the field offices. But the Tribunal after going through the
Indian Audit and Accounts Department (Senior Personal
Assistant) Recruitment Rules, 1988 found that the first
paragraph of the said Recruitment Rules itself indicates that
it was meant for the field offices of Indian Audit and Accounts
Department. If the Senior P.A.s of the Headquarters were a
part of the integrated cadre of Stenographer service then
there would have been no need to limit the recruitment or the
rule to the field offices.
When that limb of argument failed, an effort was
made on behalf of the petitioner to show methodology of
recruitment to draw parity. But this too seems to have not
impressed the Tribunal, because the Tribunal has found flaw
in the logic of such a submission on the ground that if CAG
Headquarters and the field office were one cadre, there
would be no question of sending people on deputation. A
simple case of transfer and posting between headquarters
and the field offices would do which is not so. This has been
the reason why the previous representations for higher pay-
scale of Rs. 8000-13500/- has been negated by the
respondent authorities.
The Tribunal thereafter has reached the
conclusion in the following words:
"7. Respondents in their written statement have highlighted the difference between the filed offices and its headquarter by stating that the eligible Private Secretaries in the pay-scale of 6500-10500 working in the field offices were promoted to the grade of Senior Private Secretary in the scale of 7500- 12000, but this benefit was not given to the Private Secretaries working in the Headquarters. The respondents have also submitted a number of orders of DOP&T and CAG to establish that separate orders are issued from time to time in respect of pay- scale of staffs in the field offices and Headquarters.
It is well-known that the Central Government comprises various Ministries and its field offices whose pay-scales are determined by expert bodies like Pay Commission and accordingly, orders are issued by the DOP&T, Ministry of Finance and different ministries. We find no reason to interfere with the categorical submission of the respondents and the circulars submitted by them. The documents submitted by the
applicant also clearly establish that the field staff and the secretariat staff are separate cadres. Accordingly, the application is dismissed on merit as well. No order as to costs."
After having heard learned counsel for the
petitioner and the counsel for the respondents and having
closely gone through the impugned order and the annexures,
the Court reaches the same conclusion as the Tribunal that
the petitioner has no case for a different pay-scale or higher
pay-scale, which are meant for Private Secretaries, working
in the Headquarters of the CAG office as there is no parity or
rule to support so.
The rational and reasoning for dismissal of the OA
are legal and valid. Therefore, the writ application is
dismissed.