SBCWP No.3218/98 – Shankar Lal v. UOI & ors Date of Order: 04.03.2009 1 of 6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT J O D H P U R ::: O R D E R ::: Shankar Lal Sahlot v. Union of India & others S.B. CIVIL WRIT PETITION NO.3218 OF 1998 ::: Date of Order: 04th March, 2009 ::: P R E S E N T HON'BLE MR JUSTICE GOVIND MATHUR Mr N.K. Vyas, for the petitioner Mr M.S. Godara for Mr Vineet Mathur, for Union of India BY THE COURT: The petitioner, who was initially in employment of the Government of Rajasthan, stood absorbed in services of Nehru Yuva Kendra, as a consequence to acceptance of offer for appointment dated 31st August, 1988. As per conditions referred in the offer of appointment, his take-home salary in February, 1988 was required to be protected. SBCWP No.3218/98 – Shankar Lal v. UOI & ors Date of Order: 04.03.2009 2 of 6 Nehru Yuva Kendra was ultimately taken over by Nehru Yuva Kendra Sangthan, an autonomous body under Department of Youth Affairs (Sports), Ministry of Human Resources Development, Government of India. With Nehru Yuva Kendra Sangathan (herein after 'the Sangathan'), number of employees of the Government of India as well as of different State Government services were working on deputation. By an office order dated 18th September, 1996, a decision was taken by the Sangathan that all the employees working on deputation coming from various State Government or through direct recruitment or on ad hoc basis prior to taking over of Nehru Yuva Kendra by the Sangathan, shall stand absorbed with services of the Sangathan with effect from 01st October, 1987. A decision was taken also to make their fixation in the pay scale i.e. Rs.1200-2040. The petitioner, though was not in employment of Nehru Yuva Kendra on 01st October, 1987, however, looking to fact that his services were borrowed from the State Government and at the time of taking over of Nehru Yuva Kendra by the Sangathan he was working with Nehru Yuva Kendra on deputation from State Government, his services also stood absorbed as per the office order dated September 18th, 1996. SBCWP No.3218/98 – Shankar Lal v. UOI & ors Date of Order: 04.03.2009 3 of 6 The grievance of the petitioner is that despite absorption, fixation of his pay has not been made by the respondents in parity with the employees working with the Sangathan who were earlier in employment of Union of India. The Youth Coordinator, Nehru Yuva Kendra, Udaipur, was instructed by the Director, Nehru Yuva Kendra Sangathan, North Zone, New Delhi by communication dated 29th December, 1997 to remit entire service record and service book of the petitioner with all necessary details of pay and allowances paid to him on March, 1988, so as to enable the office concerned to take further necessary action with regard to re-fixation of his pay. In response to letter dated 29th December, 1997, Youth Coordinator, Nehru Yuva Kendra, Udaipur by letter dated Nil (Annx.13) informed to Director, Nehru Yuva Kendra Sangathan, North Zone, New Delhi about the basic pay drawn by the petitioner in the month of March, 1988. As per information supplied by the Youth Coordinator, Nehru Yuva Kendra, Udaipur, basic pay of the petitioner in the month of March, 1988 was Rs.1964/- and he was receiving a sum of Rs.393/- against House Rent allowance. An amount of Rs.196/- was getting deducted from his pay against Provident Fund and a contribution in this regard for that sum was also made by the employer. SBCWP No.3218/98 – Shankar Lal v. UOI & ors Date of Order: 04.03.2009 4 of 6 The Youth Coordinator in the same communication also referred details regarding payment made to the petitioner in the month of February, 1988. As per that, in the month of February, 1988 basic pay of the petitioner was Rs.1640/- with House Rent allowance Rs.295/- and Dearness Allowance at Rs.295. While supplying the details regarding pay of the petitioner, the Youth Coordinator also made request to the Director, North Zone of the Sangathan to consider and decide pay fixation case of the petitioner. As per petitioner, despite supply of necessary information, no action has yet been taken by the respondents regarding fixation of his pay as per decision of the Sangathan. A reply to the writ petition has been filed on behalf of respondents, stating therein that fixation of petitioner's pay has already been made under an office order dated 01st September, 1997 and by the same order, petitioner has already been declared entitled for getting all admissible allowances for which Central Government employees are entitled. The facts stated in the reply to writ petition are controverted by the petitioner by submitting a representation, by SBCWP No.3218/98 – Shankar Lal v. UOI & ors Date of Order: 04.03.2009 5 of 6 mentioning that the respondents have not protected petitioner's pay, as required to be made in the offer of appointment dated 31st August, 1988. Learned counsel for the parties are not aware of present status of fixation of petitioner's pay. It is not in dispute that the Sangathan is an autonomous body, under the control of Ministry of Youth Affairs. A decision was also taken by the Sangathan under office order dated 18th September, 1996 for re-fixation, re-calculation and revision of pay of the employees whose services stood absorbed with the Sangathan and who were earlier working with Nehru Yuva Kendra on deputation from various State Government services. Case of the petitioner is also required to be considered and dealt with as per office order dated 18th September, 1996. The Youth Coordinator, Nehru Yuva Kendra, Udaipur also made request to the Director, North Zone of the Sangathan to consider claim of the petitioner on basis of available service record, specially the pay-slip that was available with the petitioner relating to the month of February and March, 1988. Looking to the fact that this Court is not equipped adequately to make necessary calculation regarding petitioner's pay, I consider it appropriate to dispose of this petition with SBCWP No.3218/98 – Shankar Lal v. UOI & ors Date of Order: 04.03.2009 6 of 6 direction to the Director, Nehru Yuva Kendra Sangathan, North Zone, New Delhi to consider case of the petitioner regarding fixation of his pay as per Rules and as per petitioner's entitlement. Petitioner shall submit a detailed representation mentioning all his claims herein to the Director, Nehru Yuva Kendra Sangathan, North Zone, New Delhi within a period of two months from today. It is expected from the Director to consider and decide claim of the petitioner within period of three months from the date of receipt of representation of petitioner. No order as to costs. [GOVIND MATHUR],J. mma