CAT - Ernakulam

Determination of pay scale parity falls within the exclusive domain of expert bodies and Pay Commissions.

HARILAL D vs Navodya Vidyalaya Sanghathan

CAT - ErnakulamJUDGMENT: April 01, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants are Electrician-cum-Plumbers employed by Jawahar Navodaya Vidyalaya (NVS)

Source reference: p. 2

They 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. 2-3

In 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. 2

However, 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. 3

The 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. 3-4
02

Issues

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. 3-4

2. 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. 4
03

Law 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. 4

It 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. 4
04

Reasoning

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. 3

The 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. 4

The 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. 4

The 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. 4

Consequently, 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. 5
05

Holding

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. 4-5

The 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. 5

The OA was disposed of with no order as to costs

Source reference: p. 5
CAT - Ernakulam

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HARILAL DvsNavodya Vidyalaya Sanghathan

CAT - Ernakulam · April 01, 2026

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