IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18221 of 2010 1.THE UNION OF INDIA THROUGH ITS SECRETARY, MINISTRY OF WATER RESOURCES, SHARM SHAKTI BHAWAN, RAFI MARG, NEW DELHI- 110001 2.THE SECRETARY, MINISTRY OF WATER RESOURCES, SHARM SHAKTI BHAWAN, RAFI MARG, NEW DELHI -110001 3.THE SECRETARY, MINISTRY OF HOME AFFAIRS, DEPARTMENT OF OFFICIAL LANGUAGE, LOKNAYAK BHAWAN, KHAN MARKET, NEW DELHI – 110003 4.THE SECRETARY, MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, NORTH BLOCK, NEW DELHI-110001 5.THE COMMISSIONER (GANGA), MINISTRY OF WATER RESOURCES,BLOCK NO.11,8TH FLOOR,C.G.O. COMPLEX LODI ROAD, NEW DELHI -100003 6.THE GANGA FLOOD CONTROL COMMISSION, SINCHAI BHAWAN, IST FLOOR, PATNA 8000015 THROUGH ITS CHAIRMAN 7.THE CHAIRMAN, GANGA FLOOD CONTROL COMMISSION, SINCHAI BHAWAN, IST FLOOR, PATNA 8000015 --- PETITIONERS Versus ANIL KUMAR S/O SHRI RAMYATNA PRASAD, RESIDENT OF 19 TRISHUL COLONY, AMBEDKARPATH, P.S.RUPASPUR, DISTRICT PATNA, PRESENTLY WORKING AS ASSISTANT DIRECTOR (G.R.II), MINISTRY OF WATER RESOURCES, GANGA FLOOD CONTROL COMMISSION, SINCHAI BHAWAN, 3RD FLOOD, PATNA ----- RESPONDENT ----- For the petitioners : Mr.Manan Kr.Mishra, Sr.Advocate (For Union of India) For the respondent : Mr.Sanjeev Kumar Mishra, Advocate --------- 05/ 07.03.2011 This writ petition has been filed by Union of India against the order dated 29.04.2010 passed by Central Administrative Tribunal, Patna Bench, Patna in OA No. 640 of 2007 with M.A.No. 520 of 2007 filed by the respondent-applicant. The fact relates to implementation of recommendations of 5th Central Pay Commission for the post of Hindi Officer of Water Resources Department where the respondent was working as such. The claim of the respondent-applicant 2 before the Central Administrative Tribunal was for granting revised pay scale for the post of Hindi Officer which post he was holding, particularly, on the ground that revision of the pay scale of Rs.2000-3500/- of Hindi Officers of other Department has been revised to Rs.7500-12,000/-. The said matter was contested by the petitioners before the Central Administrative Tribunal stating that the Hindi Officer working in Water Resources Department has no pay scale likewise Hindi Officers working in other Departments, and as such the pay scale of Hindi Officer of Water Resources Department has not been recommended by the 5th Central Pay Commission as Rs.7500-12,000/-. So the respondent is not entitled to any claim of such pay scale, more so from the year 1996. He had also raised his claim before the Central Administrative Tribunal that the post of Hindi Officer working in Water Resources Department falls under the revised pay scale in the First Schedule of Part- A of the recommendation of the 5th Central Pay Commission at serial No.12 which carries 3 revised scale of Rs.6500-200-10500/- against the pay scale of Rs.2000-60-2300-75-3200- 3500/- but the Central Administrative Tribunal, however, has gone into the merit of the case finding that pay scale of Hindi Officers of other Departments like one the Director General of Mines Safety under Ministry of Labour has been revised from Rs.2000-60-2300-EB-75-3200-100-3500/- to Rs.7500-260-12000/- and allowed the prayer of the respondent-applicant and directed the authorities to grant him fitment in the pay scale of Rs.7,500-12,500/- with effect from 1.1.1996 in terms of the 5th Central Pay Commission Report with all consequential benefits. The learned senior counsel appearing for Union of India has contended before us that in absence of any recommendation made by 5th Central Pay Commission in respect of the revision of pay scale for the Hindi Officers in Water Resources Department, the Union of India is not bound to revise the pay scale of Hindi Officers working in such Department from 4 Rs.2,000-3,500/- to Rs.7,500-12,000/- though the post held by the respondent-applicant will fall in the First Schedule under Part-A of the recommendation made by 5th Central Pay Commission at serial no. 12, which carries pay scale of Rs.6500-200-10500/-. The 5th Central Pay Commission has recommended the revised pay scale of Rs.6500-200-10500/- against the pay scale of Rs.2000-60-2300-75- 3200-3500/-. Hence there was no question of granting the relief with respect to pay scale, as the Central Administrative Tribunal has granted to the respondent-applicant. In the counter affidavit filed on behalf of respondent-applicant, it has been stated that there is anomaly in the recommendation of 5th Central Pay Commission as the pay scale of Hindi Officers holding the same post and performing the same duty in other Departments has been revised whereas Hindi Officer working in the Water Resources Department has been left out without assigning any reason. Learned counsel has further contended that the Hindi Officers of other Departments which did not find place in 5 Part C of the Appendix, have been extended the same benefit by Union of India whereas Hindi Officers working in Water Resources Department have been left out. So there is violation of Article 14 of the Constitution of India discriminating in the grant of revised pay scale of Hindi Officers working in Water Resources Department. However it appears that Hindi Officers of Water Resources Department have been extended the said benefit in 6th Central Pay Commission Report and the respondent-applicant is working in the pay scale as claimed as on today. Having considered the recommendation made by 5th Central Pay Commission, we find that 5th Central Pay Commission has recommended the pay scale of Hindi Officers working in Directorate General of Mines Safety under the Ministry of Labour from the pay scale of Rs.2000-3500/- to Rs.7,500- 12000/- but however the post of Hindi Officers in Water Resources Department did not find place in the said recommendation whereas Part A in the First Schedule shows 6 the revised scales for posts carrying present scales in Group ‘A’, ‘B’,`C’ & ‘D’ except posts for which different revised scales are notified separately. The pay scale of the respondent-applicant falls at serial No. 12 in Part A of the First Schedule which has been revised from Rs.2000-3500/- to Rs.6500 to 10500/- and not Rs.7500-12000/-as has been recommended in respect of Hindi Officers of other Departments. As per such recommendation, the fact remains that the case of the respondent-applicant comes under Part A of the First Schedule at serial no.12 and in this connection the learned counsel for the Union of India by fling written statement before the Tribunal stated that the Union of India is not bound to revise the pay scale of respondent-applicant even when it is presumed that his case has been left out because his pay scale has been merged with the pay scale of Rs.7500-250-12000/- and has been duly recommended in 6th Central Pay Commission Report. Learned counsel for the respondent- applicant has stated that there is anomaly 7 in such recommendation because the post of Hindi Officers of Ministry of Water Resources has been left out and the pay scale of Hindi Officers of other Departments has been revised but however in absence of any recommendation by the 5th Central Pay Commission to revise the pay scale of Hindi Officer in Water Resources Department which falls at Serial No.12 of Part I of the First Schedule, we accept the contentions raised by learned Senior counsel appearing for Union of India that the Union of India is not bound to extend the same benefit of pay scale to the Hindi Officers working in Water Resources Department as has been recommended to Hindi Officers of other Departments in 5th Central Pay Commission. The fact remains that the pay scale of the similarly designated posts has been merged and has been revised in 6th Central Pay Commission Report and as such the respondent-applicant will also receive the same benefit of pay scale of Rs.7,500- 12,000/-which he is already getting. Accordingly, we set aside the order 8 dated 29.04.2010 passed by the Central Administrative Tribunal, Patna Bench, Patna in OA No. 640 of 2007 with M.A.No. 520 of 2007. However, we make it clear that the respondent-applicant is entitled to get the benefit of revised pay scale in pursuance of 6th Central Pay Commission and no benefit of pay scale will be given to him as per 5th Central Pay Commission Report which has been given to Hindi Officers of other Departments. With the above observations, this writ petition is allowed. ( T.Meena Kumari, J.) Tahir/- ( Shyam Kishore Sharma, J.)