Surajit Das and Others vs Union of India (UOI) and Others

A.K. Patnaik, J.—In this application under Article 226 of fee Constitution, the Petitioners have prayed for a direction on the Respondents to implement the pay commission recommendations circulated under office order No. 955 dated 13th November ''90 and to equalise the pay scale of the Petitioners with that of the Assistant Personnel Officer, Assistant Public Relation Officer and Asstt. Security Officer and to give the petitioners fitment in North Eastern Electric Power Corporation Ltd. (for short ''NEEPCO'') as per revision of pay scales similar to that of Assistant Public Relation Officer and status in Executive E.2 Level from the date of absorption in the National Power Transmission Corporation (for short ''NPTC'').

2, The facts briefly are that the Petitioners were working as Assistant Accounts Officer in ''NEEPCO''. The Petitioners were placed in the category of Supervisor/Nontechnical with the revised scale of pay of Rs. 2,000-3,200/-. The case of the Petitioners is that they should have been placed in the category of executive and should have been paid a revised pay scale of Rs. 2,000/- Rs.3,500/- as was being given to Assistant Personnel Officer, Assistant Public Relation Officer and Assistant Security Officer of ''NEEPCO''. While the claim of the Petitioners for higher scale of pay was pending before the ''NEEPCO'', transmission system work under ''NEEPCO'' was transferred to the ''NPTC'' and pursuant to such transfer the employee working under ''NEEPCO'' were also transferred to ''NPTC'' with effect from 14.11.91. In the circular dated 29.5.91 relating to transfer of such employees from ''NEEPCO'' to ''NPTC'' it was inter alia stated as follows:

The NPTC has requested NEEPCO to communicate it to each such individual through the NEEPCO Management and ask for their option, with an assurance that on absorption in NPTC, the pay and allowances drawn by these individuals and the benefit of past service in NEEPCO will be folly protected.

By the aforesaid circular, therefore, the pay and allowances drawn by the individuals who were working under ''NEEPCO'' and were transferred to ''NPTC'' were to be fully protected; Pursuant to the said circular dated 29.5.91 the petitioners were given the fitment under ''NPTC'' on the basis of their revised scale of pay of Rs. 2,000-3,200/-. The further case of the Petitioners is that, if the Petitioners were given revised scale of pay of Rs. 2,000/- 3,500/ in ''NEEPCO'' they would have been entitled to fitment in the scale of pay in the executive category (E-1) of Rs. 2,350/- to 4,150/-.

Mr. A.R. Banerjee, learned Counsel for the Petitioners submitted that during the pendency of this writ petition, Office Order dated 29.9.97 has been issued by the General Manager (P and A) of ''NEEPCO'' granting to Assistant Accounts Officers who were working under ''NEEPCO'' the scale of pay of Rs. 2,000-3,500/- in place of Rs. 2,000-3,200/- with effect from 1.1.89. A copy of said order dated 29.9.97 has been annexed to the affidavit filed in Court by the Petitioners today. Mr. Banerjee submitted that since the petitioners were working under the ''NEEPCO'' till 14.11.9 l, they were entitled to the aforesaid revised scale of pay of Rs. 2,000-3,500/- from ''NEEPCO'' for the period from 1.1.89 to 14.11.91. Mr. Baneijee further submitted that for the period 14.11.91 onwards the Petitioners were entitled to fitment in the executive category E-1 with pay scale Rs. 2,350-4,150/- in the ''NPTC'' on the basis of the said revised scale of pay of Rs. 2,000-3,500/- under ''NEEPCO''. Mr. Banerjee stated that the transmission system works presently stand transferred to the Power Grid Corporation and submitted that this Court should issue a direction to ''NEEPCO'' as well as the Power Grid Corporation of India Ltd. for making payment of the arrears of pay for the period in question to the Petitioners on the basis of the aforesaid revised scale of pay and fitment

Mr. M.Z. Ahmed, learned Counsel for ''NEEPCO'' and the Power Grid Corporation of India Ltd, however, submitted that with the transfer of the transmission system works from ''NEEPCO'' to ''NPTC'' and now the Power Grid Corporation of India Ltd., all assets and funds of ''NEEPCO'' relating to the said transmission system works also stand transferred to the Power Grid Corporation of India Ltd. and by virtue of the said transfer it is not clear as to who would pay the arrears of pay to the Petitioners for the period from 1.1.89 to 14.11.91.

It is clear from the order dated 29.9.97 issued by the General Manager (P and A), ''NEEPCO'' that the Assistant Accounts Officers who were working under the ''NEEPCO'' were entitled to revised scale of pay of Rs. 2,000-3,500/- with other allowances for the period from 1.1.89 to 14.11.91. Since the Petitioners were working as Assistant Accounts Officers under ''NEEPCO'' for the period from 1.1.89 to 14.11.91, they are entitled to the aforesaid revised scale of pay from Rs. 2,000-3,500/- with other allowances for the period from 1.1.89 to 14.11.91. But the Petitioners appear to have been paid for the aforesaid period at the revised scale of pay of Rs.2,000-3,200/- plus other allowances. The Petitioners are therefore entitled to the payment of arrears of pay on the basis of the revised scale of pay from Rs. 2,000-3,500/- for the period from 1.1.89 to 14.11.91. The aforesaid arrears would have to be paid either by ''NEEPCO'' or by the Power Grid Corporation of India Ltd. depending upon the arrangements that have been made mutually between ''NEEPCO'' and the Power Grid Corporation of India Ltd. with regard to the liabilities towards employees who were working under ''NEEPCO''.

It also appears from the Circular dated 21.5.91 that the pay and allowances of different individuals whose services have been transferred from ''NEEPCO'' and absorbed in the ''NPTC'' and thereafter the Power Grid Corporation of India Ltd. were to be fully protected. Along with the said circular dated 21.5.91, copy of which has been annexed to this writ petition as Annexure 3 a statement of various scales of pay under the ''NPTC'' corresponding to ''NEEPCO'' pay scales was also attached and the said statement in Para 4.1 relating to "Executive Category" was to the following effect:

It would be clear from the aforesaid statement that an individual working under ''NEEPCO'' with a pay scale of Rs. 2000-3,500/- was to be given on absorption under the ''NPTC'' a pay scale in the executive category E-1 of Rs. 2,350/- to 4,150/-. But on a reading of the letter dated 11.11.91 of the Personnel Officers ''NPTC'' to the Petitioners, copies of which have been annexed to this petition as Annexure-4 series, it appears that the Petitioners were given a fitment in the pay scale of Rs. 2,250-3,740/- on absorption in the service of ''NPTC''. As the revised scale of pay of the Petitioners under ''NEEPCO'' as on the date of their absorption under ''NPTC''- on 14.11.91 was Rs. 2000-3500/-, the Petitioners were entitled to fitment in executive category E-1 Rs. 2,350-4,150/- under the Power Grid Corporation Of India Ltd. and were entitled to their arrears of pay accordingly for the period from 14.11.91 onwards from the Power Grid Corporation of India Ltd.

For the reasons stated above, I dispose of this writ petition with a direction that the ''NEEPCO'' or the Power Grid Corporation of India Ltd. as the case may be will within a period of 3 months from the date of receipt of the certified copy of this order from the Petitioners pay the arrears of pay to the Petitioners as indicated above for the period from 1.1.89 to 14.11.91 depending upon the arrangements made between the aforesaid two Corporations. I further direct that within the aforesaid period of 3 months the Power Grid Corporation of India Ltd. will give fitment in Executive Category E-1 to the Petitioners with effect from 14.11.91 as discussed above and pay the arrears for the period from 14.11.91 onwards to the Petitioners. It will be open for the Power Grid Corporation of India Ltd. to grant such other consequential service benefits to the Petitioners in accordance with such fitment. Considering however the facts and circumstances of the case, the parties shall bear their own costs.