Chiranji Lal and Others vs Union of India (UOI) and Others

Anil Kumar, J.—The Petitioners have challenged the order dated 14th August, 2006, passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA No. 1814/2005 titled as ''Chiranji Lal and Ors. v. UOI through Secretary, Ministry of Shipping, Road Transport & Highways and Anr. dismissing the original application of the Petitioners wherein the Petitioners had sought quashing and setting aside of the OM No. A-18013/1/2004-E II dated 11th July, 2005 issued by the Respondents pursuant to the directions of the Central Administrative Tribunal in another OA No. 228 of 2004 dated 13th October, 2004 denying them the up-gradation of their pay scales.

While dismissing the original application, the Tribunal had noted that the Petitioners had agitated the matter for up-gradation of pay before the 5th Central Pay Commission, however, no recommendation was made by the 5th Central Pay Commission for up-gradation of pay scales of the Petitioners.

The Tribunal has also noted the rulings of the Supreme Court in State of Madhya Pradesh and Anr. v. Pramod Bhariya and Ors. 1993 (23) ATC 657 and Shri M.V.R. Rao and Ors. v. Union of India and Ors. 2002 (2) ATJ 6 holding that if the claim for ''equal pay for equal work'' is to succeed, the burden of proof rests on the applicants to furnish material regarding qualifications, mode of recruitment, degree of skill, experience involved in the performance of respective job etc.

The Tribunal noted that the Petitioners have not provided adequate proof to establish the equality in work, and consequently, declined the relief sought by the Petitioners.

No one is present on behalf of the Petitioners. No one had been present on behalf of the Petitioners even on 4th July, 2011, however, no adverse order was passed against the Petitioners in the interest of justice. In the circumstances, the writ petition is dismissed in default.