HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.7944 of 2004 DATED: 03-02-2010 BETWEEN: The Chief General Manager, Telecom, A.P.Circle, Hyderabad & others. …Petitioners AND K.Indira, D/o.K.S.V.V.G.Krishna Charyulu, Hindi Translator, Grade-I, Hindi Section, The Chief General Manager, Telecom, A.P.Circle, Hyderabad & Another. …Respondents THIS COURT MADE THE FOLLOWING: HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.7944 of 2004 ORDER: This is a writ petition filed by the Telecom Department under Article 226 of Constitution of India for issuance of writ of certiorari calling for the records pertaining to the orders, dated 23.1.2004 in O.A.No.1141 of 2001 on the file of Central Administrative Tribunal, Hyderabad and to quash the same as illegal. Respondents herein filed the above O.A. for declaration that they are entitled to the pay scale of Rs.5500-9000/- with effect from 1.1.1996 in terms of office memorandum No.12/2/97-O.L(S), dated 8.11.2000 issued by the Department of Official Language, Ministry of Home Affairs, Government of India with all consequential benefits and to hold the action of the writ petitioners-Department in giving effect to the revised scale with effect from 21.3.2001 as arbitrary and illegal. According to the respondents herein, they were appointed as Hindi Translator Grade-I on 1.6.1988 and 6.2.1995 respectively, in the Telecom Department. While so, the Ministry of Home Affairs, Government of India, Department of Official Language issued office memorandum, dated 8.11.2000, directing that all the posts of Junior Translators and Senior Translators in offices outside Secretariat, which were earlier in the pre-revised pay scales of Rs.1400-2300/1400-2600 and Rs.1600-2660/1640-2900 may, with effect from 1.1.1996 be placed in the revised pay scales of Rs.5000-8000 and Rs.5500-9000 respectively, in view of the recommendations of the V Central Pay Revision Commission. Earlier to the O.A., both the respondents filed O.A.No.91 of 1998 before the Tribunal for declaration that they are entitled for the scales of Rs.1640-2900 (IV Pay Commission Scale) on par with Senior Hindi Translators working in Central Secretariat with all consequential benefits. The said O.A. was disposed of by the Tribunal on 10.2.1998 with a direction to the Department to follow and implement earlier orders passed by the Principal Bench in O.A.No.827 of 1991, wherein the Bench directed that the applicants therein would be allowed to the pay scales of Rs.1640- 2900 with arrears thereof from the date of filing of the application. On allowing the said O.A. (O.A.No.91 of 1998) the Telecom Department (presently ‘Bharat Sanchar Nigam Limited’) by its letter, dated 12.6.2001 fixed the pay of the respondents herein in the pay scale of Rs.5500-9000 with effect from 24.12.1997. Therefore, the respondents, who are entitled to the pay scales with effect from 1.1.1996 as recommended by the V Central Pay Revision Commission, filed the present O.A. The Office Memorandum, dated 8.11.2000 issued by the petitioners-Department reads thus: “The undersigned is desired to say that the Department of Expenditure, Ministry of Finance, have directed that all posts of Junior Translators and Senior Translators in the offices outside this Secretariat (Subordinate Offices) except in the Central Translation Bureau, earlier in the pre-revised pay scales of Rs.1400-2300/-, Rs.1400-2600/- and Rs.1600- 2660/-, Rs.1640-2900/- respectively, may, with effect from 1.1.1996 be placed in the revised pay scales of Rs.5000-8000 and Rs.5500-9000 respectively. It is imperative that all Ministries/ Departments may please take necessary action in this respect at the earliest and endorse copies of the relevant orders issued in this regard to the Department of Official Language and the Department of Expenditure.” Duly taking into consideration of the said office memorandum, by the impugned order, the Tribunal allowed the O.A. calling upon the petitioners to give effect to the pay fixation of the respondents with effect from 1.1.1996 but not from the date of issuance of office memorandum. Questioning the same, the present O.A. has been filed by the Department. We have heard Smt. Vani Reddy, learned counsel appearing for the petitioners and Sri K.Venkateswara Rao, learned counsel for the respondents. It is not in dispute that the earlier O.A.No.91 of 1998 filed by the respondents was allowed by the Tribunal on 10.2.1998 directing the petitioners to follow and implement its earlier orders passed in O.A.No.827 of 1991, and that the said order has also been implemented by the petitioners on 12.6.2001 fixing the pay scale of the respondents at Rs.5500-9000/- with effect from 24.12.1997. It is admitted by the petitioners-Department that as per the office memorandum, dated 8.11.2000, all the posts of Junior Translators and Senior Translators in the offices outside the Secretariat (Subordinate Offices) except in the Central Translation Bureau, earlier the pre-revised pay scales of Rs.1400-2300/-, Rs.1400-2600/- and Rs.1600-2660/-, Rs.1640-2900/- respectively, are placed in the revised pay scales of Rs.5000-8000 and Rs.5500-9000 respectively, with effect from 1.1.1996. There were three grades of Hindi Translators i.e. Grade-III, Grade-II and Grade-I in the pay scales of Rs.4000-6000/-, Rs.4500-7000/-, and Rs.5500-9000/- respectively. The Department by its office memorandum, dated 5.12.2000 merged the posts of Hindi Translator Grade-III and Grade-II and restructured the pay scale of Rs.5000-8000/- and re-designated as Junior Hindi Translators. Similarly, the posts of Hindi Translators Grade-I are re-designated as Senior Hindi Translators and the pay scales are restructured as Rs.5500-9000/-. In view of the same, and as the respondents’ pay was fixed in the pay scale of Rs.5500-9000/- by virtue of implementation of the orders passed by the Tribunal with effect from 24.12.1997, they are entitled for the fixation of the scale with effect from 1.1.1996 as per the office memorandum, dated 8.11.2000 as already referred to above. Therefore, the contention of the learned counsel for the petitioners that the restructure took place only on 5.12.2000 and therefore, the respondents are entitled to the benefits only from the said date is devoid of merits and cannot be accepted. Under those circumstances, no infirmity is discernable with the impugned order passed by the Tribunal in allowing the O.A. warranting interference by this Court. The writ petition fails and is accordingly dismissed. No order as to costs. _______________ A. GOPAL REDDY, J. _______________ NOUSHAD ALI, J. FEBRUARY 03, 2010 Tsr.