High Court
Case Details
WP(C) 2237/2007 BEFORE HON’BLE MR. JUSTICE A.K. GOSWAMI
Legal Reasoning
Heard Mr. S. Sarma, learned counsel appearing for the petitioner. Also heard Mr. R.P. Kakati, learned Senior Counsel appearing for the respondent Nos. 3, 4 and 5 and Mr. A.K. Bora, learned CGC, appearing for respondent Nos. 1 and 2. Mr. S. Sarma, learned counsel for the petitioners submits that the petitioners a re Technicians and Mechanics (Electrical). They had joined as such in the period between 19.01.1998 to 08.03.2001. There was a scheme known as Recruitment and C areer Development Scheme (for short, RCDS) for non-academical staff (B, C and D) in the Indian Institute of Technology (IIT), to provide appropriate and adequat e opportunity for vertical mobility consistent with job requirement. Drawing attention to Annexure - D, at page - 46 of the Additional Affidavit-in-R eply, learned counsel submits that the posts of the petitioners, namely, Mechani c and Technician were entry level posts in respect of Group - C. RCDS was operat ive from 13.09.1986 to 30.04.1998. The pay-scale attached to the post was Rs. 97 5 -1540/-, which was revised to Rs. 3200 - 4900/- in the report of the Fifth Cen tral Pay Commission. Subsequently, another scheme was introduced, which is known as Recruitment and Career Progression Scheme (for short, RCPS) and the said sch eme was in operation for the period 01.05.1998 to 31.08.2008. In the RCPS Scheme , which is annexed as Annexure - 2, at page - 24 (relevant portion, Page - 27), the post of Technician/Mechanic/ Laboratory Assistant found place at an intermed iate position in between Junior Technician/Junior Mechanic/Junior Laboratory Ass istant, which are entry-level post and Senior Technician, Senior Mechanic and Se nior Laboratory Assistant. The pay-scale attached to the post of Technician/Mech anic is Rs. 4500-7000/- and that of Junior Technician/Junior Mechanic Rs. 3200 - 4900/- and for Senior Technician, Senior Mechanic and Senior Laboratory Assista nt, the pay-scale offered was Rs. 5500 - 9000/-. It is submitted by Mr. Sarma that as the petitioners are already Technician/Mech anic, they are entitled to pay scale of Rs. 4500 - 7000 but they have been offer ed the pay scale of Rs. 3200 - 4900/- which, according to him, is wholly arbitra ry and depicts total non-application of mind. Referring to Annexure - A Chart, at Page - 8 of the Affidavit-in-Reply, learned counsel submits that the petitioners have also been meted out discriminatory tre atment. To develop his point, he has taken me through RCDS Scheme and points out by way of illustration that the post of Technical Assistant was an entry level post in Group - B with pay scale of Rs. 1400-2600/-. The post of Senior Technica l Assistant, like the post of petitioners, under the RCPS Scheme, was in between Technical Assistant with a pay scale of Rs. 5500 - 9000/- and Laboratory Superi ntendent with a pay scale of Rs. 7500 - 12000/-. However, pay-scale of Hitesh Sa rma, one of such Senior Technical Assistants, who was given pay scale of Rs. 550 0 - 9000, has been revised to Rs. 6500 - 10500/-. It is submitted by him that bo th the posts of Technician and Mechanic as well as Senior Technical Assistant, w hich were earlier entry level posts under RCDS, have now become intermediate pos ts and therefore, there cannot be any question of offering them pay scale of ent ry level post in RCPS, that too, on the face of subjecting them to hostile discr imination. Mr. Sarma has also submitted that after the 6th Central Pay Commission recommend ations, the petitioners are placed in the pay band of Rs. 9300 - 34800/- with gr ade pay of Rs. 2000/-. According to him, the petitioners are entitled to be plac ed in pay band of Rs. 9300 - 34800/- with grade pay of Rs. 2800/-. It is also su bmitted by him that in IIT, Bombay, persons who were appointed as technician in the year 1975 and also in 1993, who are similarly situated with the petitioners, are placed in pay band of Rs. 9300 - 34800/- with grade pay of Rs. 2800/- and t herefore, there should not be any discrimination with regard to the pay and allo wances of the petitioners. Mr. Sarma, however, very fairly and candidly submits that the grievances which t he petitioners have articulated in the present application have not been raised before the Ministry of Human Resource Development (Department of Secondary and H igher Education), which is the competent authority in view of the provisions con tained in the letter dated 22.02.2006, issued by the Joint Secretary to the Gove rnment of India, Ministry of Human Resource Development, Department of Secondary and Higher Education on the subject of introduction of a Modified Recruitment & Career Progression Scheme (RCPS) for non-teaching employees in Group-B, C & D o f all IITs and it will be proper for the petitioners to file a comprehensive rep resentation to the said authority to address the issues which the petitioners ha ve raised before this Court and the only representation that was submitted by th e petitioners was to the Director, IIT, Guwahati. Mr. R.P. Kakati, learned Senior Counsel appearing for the respondent Nos. 3, 4 a nd 5 also submits that the dispute, if any, may be resolved by the Ministry of H uman Resource Development, Department of Secondary and Higher Education and he w ill not have any objection to submission of a representation by the petitioners for consideration notwithstanding the issuance of the letters dated 19.01.2007 a nd 08.02.2007 by the Registrar, Indian Institute of Technology, which are subjec t matter of challenge in this writ proceeding. He, however, submits that accordi ng to the respondent Nos. 3, 4 and 5, there is no anomaly in the grant of pay sc ale to the petitioners. In view of the consensus arrived at by the learned counsel for the parties, with out expressing any opinion on the merit of the case, this writ petition is dispo sed of giving liberty to the petitioners to file a detailed representation highl ighting their grievances before the Secretary to the Government of India, Minist ry of Human Resource Development, Department of Secondary and Higher Education w ith a copy to Board of Governor of the Indian Institute of Technology represente d by the Chairman, Ministry of Science and Technology and the Director, Indian I nstitute of Technology, Guwahati. In the event of filing of any such representation, the Secretary to the Governme nt of India, Ministry of Human Resource Development, Department of Secondary and Higher Education will consider the representation in accordance with law and di spose of the same within a period of 4 months from the date of receipt of the re presentation by a speaking order. The writ petition is accordingly disposed of. No cost.