IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 23126 of 2010 (O&M) Date of Decision : March 23, 2011 Union of India and others ….Appellants Versus Central Administrative Tribunal, Chandigarh and others …. Respondents CORAM : HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MR. JUSTICE T.P.S. MANN Present : Mr. Anil Rathee, Advocate for the appellants. Mr. I.P.S. Bains, Advocate for respondent Nos. 2 to 10. 1. To be referred to the Reporters or not ? 2. Whether the judgment should be reported in the Digest ? M.M. KUMAR, J. 1. The instant petition filed under Article 226 of the Constitution is directed against the order dated 18.5.2009 passed by the Chandigarh Bench of the Central Administrative Tribunal (for brevity 'the Tribunal') holding that the original applicants- respondents, who have been working on the posts of Senior Translator and Assistant Director in the Department of Official Language, Ministry of Defence are entitled to the same pay scale C.W.P. No. 23126 of 2010 (O&M) -2- granted to their counterparts, who are working under different Command Headquarters under the Ministry of Defence. Thus, there is discrimination in matter of pay scale on the basis of place of posting. It has not been disputed that against the order passed in the Original Application No.402 of 2006 of Principal Bench, a Division Bench of Delhi High Court has dismissed the writ petition on 1.5.2009, which is taken on record as Mark 'A'. Even the Review Application was dismissed on 24.7.2009 which is taken on record as Mark 'A1'. Similar type of the order of the Tribunal has also been upheld by a Division Bench of Calcutta High Court on 2.5.2008, which is taken on record as Mark 'B'. 2. Mr. Rathee, learned counsel for the petitioners has not been able to point out anything to the contrary to hold that the view taken by the Division Benches of Delhi and Calcutta High Courts has been upset by Hon'ble the Supreme Court. There is not even an indication that those orders were challenged. Therefore, we are of the considered view that the impugned order passed by the Tribunal does not suffer from any legal infirmity warranting interference of this Court. If the employees of the Central Government, like Translators and Assistant Directors working under the one Command Office are paid salary different than the one to their counterparts derive from another Command Office, then it will certainly be a case of discrimination violating Articles 14 and 16(1) of the Constitution. On account of fortuitous circumstance of posting after selection for the same post, an employee cannot start drawing C.W.P. No. 23126 of 2010 (O&M) -3- pay in different scale of pay unless it is a posting where special pay is admissible for arduous nature of duties. Such an act, on the part of the petitioner would be arbitrary and will not be sustainable in the eyes of law. Therefore, the writ petition fails and the same is hereby dismissed. ( M.M. KUMAR ) JUDGE ( T.P.S. MANN ) March 23, 2011 JUDGE satish