IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (amended ) No.599 of 2001 (S/B) Lal Bahadur Shastri, National Academy Of Administration, Mussoorie, Dehradun … Petitioner Versus Shri S.S. Rana, Physical Training Instructor Lal Bahadur Shastri, National Academy of Administration, Mussoorie, Dehradun and another … Respondents Smt. Anjali Bhargava, Addl. Standing Counsel (Central Govt.) for the petitioner. Mr. Sharad Sharma, Sr. Advocate assisted by Mr. Jagdish Bisht, Advocate for the private respondent. Date of Judgment : 22.11.2010 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble Nirmal Yadav, J. BARIN GHOSH, C.J. (ORAL) The respondent, a Physical Training Instructor of Lal Bahadur Shastri National Academy of Administration, Mussoorie, made a representation to the Academy seeking salary at par with the salary of Physical Training Instructor of Indira Gandhi National Forest Academy. The representation was rejected only on the ground that the trainees trained in the academies are different. The private respondent accordingly approached the Central Administrative Tribunal where he indicated that the status, educational qualification, job responsibilities, and all other things connected to or associated with Physical Training Instructors of those two academies are equal/at par and contended that since the academies are part and parcel of the Union of India, though managed through 2 two different departments, the salary of such Physical Training Instructors cannot be different. 2. In the counter affidavit filed before the Tribunal, the Union of India did not dispute the factors thus highlighted and accepted the same as matters of record. In that premises, Tribunal proceeded on the basis that Physical Training Instructors of both the academies are equal and accordingly there is no just reason to pay them different pays. Following the judgments of Hon’ble Supreme Court rendered in several cases holding that equality of pay is also applicable to two different departments of the same Government, Tribunal concluded the matter by directing Lal Bahadur Shastri National Academy of Administration, Mussoorie to pay salary to its Physical Training Instructor at the same pay scale at which Physical Training Instructor of Indira Gandhi National Forest Academy is being paid. 3. Being aggrieved by the said pronouncement of the Tribunal, the Lal Bahadur Shastri National Academy of Administration, Mussoorie is before us. 4. With the petition, a tabular statement, in the form of Annexure 9, has been annexed, in order to compare Sports Officer of Indira Gandhi National Forest Academy and the Physical Training Instructor of Lal Bahadur Shastri National Academy of Administration, Mussoorie. In that it has been purported to be shown that the Sports Officer of Indira Gandhi National Forest Academy is a Group ‘B’ Gazetted Officer; whereas Physical Training Instructor of Lal Bahadur Shastri National Academy of Administration is a Group ‘C’ Non- Gazetted Officer. In support thereof, reliance has been 3 placed on the Rules made on 12th February, 1996 creating the posts of Sports Officers in Group ‘B’ Gazetted Posts. But no attempt has been made to show that the said Rules apply to Indira Gandhi National Forest Academy. From the Rules, it appears that the said Rules apply to the Office of Directorate of Forest Education, Dehradun, State Forest Service College at Coimbatore and Burnihat and Eastern Rangers College, Kurseong. On the other hand, the Tribunal compared Physical Training Instructors of the two academies. In terms of 1983 Rules, Indira Gandhi National Forest Academy is entitled to engage a Physical Training Instructor and not a Sports Officer. Furthermore, at no stage it was contended that the respondent was seeking to compare himself with somebody with whom he cannot be compared for he belongs to a different class altogether. The said contention was put forward for the first time in the present petition, without any basis. 5. We accordingly dismiss the writ petition. (Nirmal Yadav, J.) (Barin Ghosh, C.J.) 22.11.2010 22.11.2010 Prabodh