Facts
The applicants are Electrician-cum-Plumbers employed by Jawahar Navodaya Vidyalaya (NVS)
Source reference: p. 2They sought a Grade Pay of Rs. 2400/-, asserting parity with identically situated employees in other government establishments, as opposed to the Grade Pay of Rs. 1400/- they were receiving
Source reference: p. 2-3In previous litigations (OA/731/2012 and OA/562/2013), the Tribunal directed the respondents to consider the applicants' grievances and forward representations to the 7th Pay Commission
Source reference: p. 2However, the applicants alleged that the NVS failed to properly enclose their representation in communications to the Ministry, leading to the current application
Source reference: p. 3The applicants relied on Annexure A-16, an order from the Principal Bench, to support their claim of parity based on similar work responsibilities
Source reference: p. 3-4Issues
1. Whether the applicants are entitled to a higher Grade Pay of Rs. 2400/- based on the principle of "equal pay for equal work" and parity with other establishments
Source reference: p. 3-42. Whether the Tribunal has the jurisdiction to determine pay scales and parity or if the matter falls within the exclusive domain of expert bodies
Source reference: p. 4Law Applied
The Tribunal applied the established legal principle that matters concerning pay fixation, pay parity, and evaluation of nature of duties fall within the domain of expert bodies equipped with the necessary facts and figures
Source reference: p. 4It reiterated the stance taken in the applicants’ previous litigation (OA 562/2013) that such claims are not within the realms of the Tribunal to adjudicate directly
Source reference: p. 4Reasoning
The applicants contended that their duties and responsibilities were identical to those in other departments where a Grade Pay of Rs. 2400/- was granted
Source reference: p. 3The respondents countered that the nature of duties, experience, and educational qualifications for NVS Electrician-cum-Plumbers were different and lower than those in the establishments with which parity was sought
Source reference: p. 4The Tribunal analyzed these conflicting claims and concluded that it could not perform the role of an expert body to evaluate job responsibilities for pay fixation
Source reference: p. 4The Tribunal took judicial notice of the fact that the 8th Central Pay Commission (CPC) had been constituted and was accepting public representations
Source reference: p. 4Consequently, the Tribunal reasoned that the applicants must approach the specialized body (8th CPC) and the Ministry for a factual and technical assessment of their grievance
Source reference: p. 5Holding
The Tribunal declined to grant the specific relief of Grade Pay enhancement, holding that the issue must be resolved by an expert body
It directed the applicants to submit their representations directly to the 8th CPC portal by April 30, 2026, and to the Ministry (3rd respondent) within three weeks
Source reference: p. 4-5The respondents were further directed to consider the grievance—with due regard to the nature of duties and responsibilities in similar establishments—and pass orders within three months
Source reference: p. 5The OA was disposed of with no order as to costs
Source reference: p. 5Original Court PDF
HARILAL DvsNavodya Vidyalaya Sanghathan
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