UOI Thr. Secretary & Anr v. J.N.Ghosh

SUBRAMONIUM PRASAD, J. OCTOBER 17, 2022 aks

* IN THE HIGH COURT OF DELHI AT NEW DELHI + Date of Decision: 17.10.2022. % W.P.(C) 6246/2006 UOI THR. SECRETARY & ANR ...... Petitioners Through: Mr. Anil Soni, CGSC with Mr.Rahul Mourya, Advocate versus J.N.GHOSH ..... Respondent Through: CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD SATISH CHANDRA SHARMA, CJ. (ORAL) CM APPL. 45032/2022 1. The present application has been filed on behalf of the Petitioners for restoration of W.P.(C) 6246/2006 and recalling of the Order dated 19.09.2022 passed by this Court in W.P.(C) 6246/2006, wherein this Court had dismissed the writ petition for want of prosecution. 2. Mr. Anil Soni, learned CGSC, submits that he was very much present in the Court premises, however, at the time when the matter was called he was arguing another matter before a Division Bench and, therefore, he could not appear in the matter. However, learned CGSC, submits that he is ready to argue the matter today itself and prays for restoration of the writ petition to its original number. 3. In view of the above, W.P.(C) 6246/2006 is restored to its original number. 4. The application is disposed of. W.P.(C) 6246/2006 5. The present Writ Petition is arising out of the order dated 03.10.2005 passed by the Central Administrative Tribunal (CAT) in OA No. 200/2005. 6. The undisputed facts of the case reveal that the Respondent before this Court (Applicant before the CAT) became an employee of Union of India by joining the Post of Assistant Superintendent (AS) in the National Central Survey Organization (Field Operation Division) in the Department of Statistics on 14.09.1970. The Post of AS was carrying a Pay Scale of Rs. 210-425/-. The Respondent employee was subsequently promoted to the Post of Superintendent. 7. While Respondent employee was working on the post of Superintendent, a demand was made by the existing employees of the Department in the 13th meeting of Departmental Council held in May, 1978 claiming a pay revision in respect of the Post of Assistant Superintendent from Rs. 470-750/- to Rs. 550-900/- with effect from 01.01.1978. 8. It is undisputed that Departmental Council could not reach at a consensus in the matter of revision of pay as there was no agreement between the Government of India and the members of the Departmental Council. In those circumstances, an Arbitration Board was constituted to look into the matter and an Award was passed by the Arbitration Board on 05.09.1989. The Award passed by the Board of Arbitration reads as under: "The Assistant Superintendent of the FOD, NSSO, Govt. of India shall be given pay at the existing scale of Rs. 470-750 plus special pay of Rs. 75/- per month. This special pay of Rs. 75/- per month shall count as pay for all purposes as per Rules. This Award shall take effect on and from 01.05.1982." 9. A presidential sanction was accorded in the matter in respect of grant of Rs. 75/- per month to AS for the period with effect from 01.05.1982 and in the present case, the Respondent employee was working on the Post of AS from 01.05.1982 to 31.12.1984, and was drawing the pay in the Pay Scale of Rs. 470-750/-. He was confirmed on the post of the AS with effect from 19.05.1984, and later on was confirmed on the Post of Superintendent by an order dated 24.07.1987. 10. The Respondent employee was given the benefit of special pay of Rs. 75/- per month from 01.05.1982 to 31.12.1984, but he was denied the benefit beyond December, 1984 as he was promoted to next higher post of Superintendent. He was denied the benefit of special pay of Rs. 75/- on promotion to the next higher post of Superintendent with effect from January, 1985, and in those circumstances, the Original Application was preferred before the CAT. 11. The Respondent employee came up with the case claiming parity with one Sh. Balwant Singh. It was categorically stated that the benefit of counting of the special pay of Rs. 75/- in fixation of pay in the Pay Scale of Rs. 550-900 was denied to the