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Judgment
Per Hon’ble Mr. Pankaj Kumar, Member-Administrative
In this case relating to grade pay, the applicant has sought following reliefs:
“1.To quash the impugned order dated 09.12.2013, OM dated 19.03.2014, Letter dated 17.12.2014 and decision dated 27.01.2016 contained as Annexure no. A-1, A-2, A-3 and A-4 to this OA, with all consequential benefits.
1(A). To quash the decision dated 16.05.2017 read with OM dated 28.04.2017 (contained as Annexure No. A-1A to this OAd) with all consequential benefits.
2.To grant the Grade Pay of Rs. 4600/- in the Pay Band-2 with effect from 01.01.2006 and revise the pay after re-fixation with all consequential benefits.
3.To release the arrears thereof as result of revision along with interest @ 12% from the date of due till the actual date of payment.
4.Any other relief, which this Hon’ble Tribunal may deem fit, just and proper under the circumstances of the case, may also be passed.
5.Cost of the present case.”
The applicant was initially appointed to the post of Library & Information Assistant with effect from 31.08.2006 under respondent no. 2. His grievance is that the historical pay parity maintained between his cadre and the cadre of School Librarians through the 4th and the 5th Central Pay Commissions (CPC) was disturbed by the recommendation of 6th CPC as reflected in the following table:
| CPC | Library and Information Assistant | School Librarian |
|---|---|---|
| 4th CPC | Rs. 1400 – 2600 | Rs. 1400 -2600 |
| 5th CPC | Rs. 5500 – 9000 | Rs. 5500 – 9000 |
| 6th CPC | Rs. 9300 – 34800 + GP 4200 | Rs. 9300 – 34800 + GP 4600 |
The applicant contends that the matter was considered by the National Anomaly Committee as item no. 44 in the minutes dated 17.06.2012; on 04.12.2012, the Department of Personnel & Training (DoPT) forwarded the issue to Ministry of Culture for examination and referral to the Department of Expenditure for taking a view; the Ministry of Culture strongly recommended for upgradation of grade pay from Rs. 4200 to 4600, but the case was eventually rejected by DoE vide letter dated 19.03.2014 arbitrarily without examining the matter on merit and the subsequent representations have also been to no avail.
The respondents contend that the matter was referred to 7th CPC which was of the view that the posts are appropriately placed and no upgrade is justified.
We have heard both the parties. Learned counsel for the applicant submits that historically similarly placed employees cannot be discriminated against and treated differentially [Union of India & Ors vs DGOF Employees Association & Anr Civil Appeal arising out of SLP (C) No. 1663 of 2016 dated 09.11.2023] and the principle of ‘equal pay for equal work’ cannot be ignored [All India Naval Clerks Association & Ors vs Union of India & Ors in SLP(C) No. 29204 of 2019 dated 27.07.2022]. Learned counsel for the respondents opposes stating that the matter has been decided by the 6th and the 7th CPCs.
Though learned counsel for the applicant earnestly argues for adjudication of the controversy at hand on merit, we cannot ignore the fact that it has wider implications requiring in-depth examination and that the Union Government has already constituted the 8th CPC. We also note that though the 6th and the 7th CPCs did not recommend parity between the Library & Information Assistants and the School Librarians, no reasoning supporting such recommendation has been placed on record by the respondents.
In view of the facts and circumstances above, we deem it appropriate to dispose of this OA, without going into the merit of the applicant’s case, with a direction to respondent no. 4 to consult respondent no. 1 and place the alleged anomaly parity of pay among the Library & Information Assistants and the School Librarians before the 8th CPC within a period of two months from the date of receipt of certified copy of this order with the request to 8th CPC to examine the matter afresh and give their objective and reasoned recommendation on the matter.
Associated MAs also stand disposed of.
Parties shall bear their own costs.