UT told to give pay scales to new clerks on par with existing ones

A Chandigarh Bench the Central Administrative Tribunal (CAT) has directed the Chandigarh Administration to grant pay scale to newly recruited clerks as applicable to similarly placed employees of UT who were already in service when the recruitment process for applicants commenced, as both had same duties and responsibilities and there could be no discrimination.

The tribunal has also directed the Administration to fix the pay of the applicants recruited under the recruitment rules of 2015 in the entry pay scale of Rs 10,300-Rs 34,800 with grade pay of Rs 3,200, as stated in the recruitment advertisement. It further said that the applicants were entitled to all consequential benefits from the date of the initial appointment along with arrears. The respondents are directed to complete the process within 12 weeks from the date of receipt of copy of this order.

The tribunal has passed the order on an application filed by 96 clerks of the Administration through advocate Rohit Seth under Section 19 of the Administrative Tribunals Act, 1985, praying to quash the order dated February 3, 2023, vide which their claim regarding lowering of their pay scales has been illegally and arbitrarily declined.

They also prayed for the quashing of the notification dated January 6, 2021, as it makes applicable a letter dated January 15, 2015, issued by Punjab Government as adopted by UT, which already stood quashed by the Punjab and Haryana High Court.

They said that after selection they joined duties from June 2021. They further said that consequence of the reduction in the pay scale of newly recruited clerks and steno was that the consolidated pay given to them during probation and later the entry pay scale being granted to the applicants after completion of probation was even less than the DC rates causing them monetary loss.

Their representation in this regard was not considered. They had no choice but to join the appointment on lower pay scales, being in need of employment.

After hearing the arguments, the tribunal comprising of Suresh Kumar Batra (Member Judicial) and Rashmi Saxena Sahni (Member Admn) said that in view of the discussion, the impugned circular letter dated September 17, 2020, vide which the Chandigarh Administration adopted the instructions of the Finance Department, Punjab, to the extent that it sought to replace the pay scale advertised by a lower one is set aside. It said that in view of this it directed the respondents to grant pay scale/fixation to the applicant as is applicable to similarly placed employees of UT Chandigarh.