Smti Sabita Haloi Talukdar vs MINISTRY OF WOMEN AND CHILD DEVELOPMENT on 14 October 2026

ORDER

PER: RAJINDER SINGH DOGRA, MEMBER (J):

This O.A. has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: “8.1. That the Hon'ble Tribunal be pleased to set aside and quash the impugned O.M. dated 07/08.01.2016 (Annexure-Al), O.M. dated 15.01.2016 (Annexure-A2), impugned office order dated 21.09.2023 (Annexure-A3), as well as impugned memorandum dated l5/16.04.2024 (AnnexureA4).

8.2. That the Hon'ble Tribunal be pleased to declare that the applicant is entitled to get:

(i) Pay Scale of Rs.1400-2600/- w.e.f. 15.06.95 in terms of O.M. dtd. 24.07.1990 (Annexure-A6).

(ii) Corresponding Scale of pay of Rs. 5500- 9000/- w.e.f 01.01.1996 in terms of O.M. dtd. 21.02.2002 (Annexure-A7) and office order dtd. 15.09.2003 (Annexure-Al l).

(iii) Corresponding Scale of pay of Rs.9300- 34,800/- plus Grade Pay Rs. 42001- w.e.f. 01.01.2006 in terms of Model RR notified under O.M. dtd.28.03.2013 (Annexure-A13), and

(iv) 1st Financial Upgradation under ACP Scheme w.e.f 15.06.2007, with Grade Pay of Rs.4600/-, in modification of the order dated 04.10.2007 (Annexure- A14).

8.3 That the Hon'ble Tribunal be pleased to direct the respondents to grant the abovementioned scales of pay w.e.f from their

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respective dates to the applicant forthwith, with all consequential benefits.

8.4 Costs of the application.

8.5 Any other relief(s) which the applicant is entitled to, as the Hon'ble Tribunal may deem fit and proper.”

2. Facts of the case as submitted in the O.A. are that - the applicant was initially appointed as Asstt. Librarian on temporary basis in the National Institute of Public cooperation and child Development (MPCCD in ahoer) vide Memorandum dated 21/24.04.1995, pursuant to which she had joined at the Regional Center of the NIPCCD at Guwahati on 15.06.1995. Her appointment was made through a regular and elaborate recruitment process following an advertisement and after sponsoring her name by the Guwahati University Employment Information and Guidance Bureau vide it’s letter dated 28.09.1994. As per the applicant, NIPCCD is an autonomous organization under the Govt. of India, Ministry of Women and Child Development, Govt. of India. As such, the NIPCCD is a state in terms of Article 12 of the Constitution of India and it has been following the pay scale etc. as recommended by the Central Pay Commission

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and accepted/granted by the Govt. of India for Central Govt. civilian employees of the corresponding rank and status. At the time of her initial appointment to the post of Asstt. Librarian on 15.06.1995, the applicant was placed in the pay scale of Rs. 1400-2300/-. But at that relevant time, the Government of lndia, scale attached to the said post of Asstt. Librarian was Rs. 1400-2600/- which is evident from the office Memorandum dated 24.07.1990 issued by the Government of lndia, Ministry of Finance, Department of Expenditure. That the post of Asstt. Librarian was subsequently re-designated as Library Information Assistant.

3. That the different types of pay scale in respect of staff as contained in OM dated 24.07.1990 was subsequently reviewed by the Fifth Central Pay Commission, which made its particular recommendation in respect of Library Staff. It was recommended by the 5th CPC that entry pay scale for departmental Librarians having minimum qualifications of B. Lib. along with a graduate degree be raised to Rs. 5500- 9000/- w.e.f. 01.01.1996, by merging the existing posts of Library Information Assistant and Sr. Library and Information

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Officer. It was further recommended that the incumbents of these posts would consequently be eligible for promotion to the post of Assistant Library Information officer. As such, the applicant having been in the post of Asstt. Librarian (re- designated as Library Information Assistant) acquired her valuable legal right for entitlement for grant of appropriate revised Scale of pay of Rs. 5500-9000/- w.e.f. 01.01.1996 in terms of the recommendation of the 5th CPC, which was accepted and notified by the Govt. of India, vide it's Office Memorandum dated 21.02.2002 issued by the Govt. of India, Ministry of Finance, Department of Expenditure. However, the applicant was wrongly placed in the lower scale of Rs. 4500- 7000/- whereas the entry scales of pay attached to the post of Asstt. Librarian (re-designated as Library Information Assistant) was revised to Rs. 5500-9000/- w.e.f. 01.01.1996 as stated above. Applicant submitted an application on 22.07.2002 praying for placing her in the revised upgraded scale of Rs. 5500-9000/- instead of Rs. 4500-7000/- followed by her another application submitted on 15.07.2003. Thereafter, the National Institute of Public Cooperation and Child

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Development also issued one Office Order dated 15.09.2003 by amending the post of Asstt. Librarian to Librarian Information Assistant

4. Thereafter, applicant submitted an application on 31.12.2004 before the respondents for implementation of the abovementioned Office Order dated 15.09.2003 in her favour and to place her in the pay scale of Rs.5500. 9000/- in terms of the said office order. She also submitted applications in succession on 26.07.2005, 03.08.2011, l6.12.2013, 25.11.2014 and 11.09.2015 reiterating her prayer for grants of revised upgraded pay scale of Rs. 5500-9000/- but to no avail.

5. Applicant submits that following the recommendations of the Sixth Central Pay Commission, the Government of India, Ministry of Personnel, Public Grievance and Pensions, Department of Personnel & Training, vide its office Memorandum dated 28.03.2013 notified Model Recruitment Rules for the various categories of Group ‘A’ and Group ‘B’ posts in the Library Discipline wherein the scale of Pay of Library & Information Assistant has been specified as Pay Band-2, Rs. 9300-34800/-, Grade Pay Rs. 4200/- with

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Bachelor’s Degree in Library Science or Library and Information Science from a recognized University/Institute. Though the applicant possesses the requisite qualification of graduate degree plus Bachelor’s Degree in Library Science right from the time of her initial appointment, but she has been denied the appropriate scale of pay as attached to her post at the initial appointment and also the corresponding revised scales thereafter. The Assistant Librarian/Library & Information Assistant, who are similarly situated like the applicant and working in other departments, are drawing higher scale of pay than that of the applicant. The applicant inspite of being similarly situated and having all requisite qualifications and eligibility has been getting a lower pay scale, which is discriminatory. She has also completed 12 years of service on 15.06.2007, therefore, she is entitled for 1st financial up-gradation but she has been granted 1st ACP in the lower Grade Pay of Rs. 4200/- instead of Grade Pay of Rs. 4600/- vide order dated 04.10.2007 under the ACP Scheme w.e.f. 15.06.2007 in terms of DoPT OM dated 09.08.1999, which provides for two financial up-gradation on completion of 12

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and 24 years of regular service respectively to all Central Government Civilian Employees.

6. Due to non-granting of the appropriate pay scale of Asstt. Librarian/Library & Information Assistant to her, she had approached this Tribunal by filing O.A. No. 370/2015 wherein she prayed for a direction upon the respondents to grant the appropriate pay scale of Rs. 5500-9000 (Pre-revised) attached to the post of Asstt. Librarian/Library & Information Assistant, which was disposed of vide order dated 06.11.2015 directing the respondent No. 1 & 2 to treat the O.A. as a representation of the applicant and dispose of the said O.A. as per Rules within two months. Thereafter, the respondent authority vide Office Memorandum dated 15.01.2016 rejected the claim of the applicant for grant of higher revised pay scale without assigning any valid reasons. Besides, vide OM dated 07/08.01.2016, Director, NIPCCD also rejected the claim of the applicant for grant of appropriate higher revised scale attached to the post of Asstt. Librarian/Library & Information Assistant.

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7. Applicant contends that Director, NIPCCD already admitted in the impugned O.M. dated 07/08.01.2016 that the approved proposal of the Executive Council for grant of higher revised scale of Rs. 5500-9000/- to the post of Library Assistant was duly forwarded to the Govt. of India, Department of Expenditure, Ministry of Finance but the Govt. of India did not approve the said approved proposal of Executive Council. When respondents including its Apex Body i.e. Executive Council approved the proposal of higher revised scale of Rs. 5500-9000/- for the post of Library Assistant in terms of CCS (Revised Pay) Rules, 1997, there is no valid ground to deny the same merely because Govt. of India failed to approve the approved proposal of the Executive Council of the Ministry of Women and Child Development, Govt. of India. Moreover, it is obligatory on the part of Govt. of India to assign valid reasons if any for denial of the appropriate scale of pay due and admissible to the applicant, therefore, in the absence of any valid reasons the applicant is entitled to get the pay scale of Rs.1400-2600/- w.e.f. 15.06.1995 in terms of O.M. dtd. 24.07.90 (Annexure-A6),

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scale of pay of Rs. 5500-9000/- w.e.f. 01.01.1996 in terms of O.M. dtd.21.02.2002 (Annexure-A7), and office order dtd.15.09.2003 (Annexure-All), scale of pay of Rs. 9300-34800/- plus Grade Pay Rs. 4200/- w.e.f. 01.01.2006 in terms of Model RR notified under O.M. dated 28.03.2013 (Annexure-Al3) and further Financial Upgradation in the grade pay of Rs. 4600/- instead of Grade Pay of Rs. 4200/- under ACP Scheme w.e.f. 15.06.2007.

8. Respondents have filed written statement wherein they brought out the hierarchy of the post of Assistant Librarian in NIPCCD along with pay scales (pre revised from 4th CPC to 7th CPC) as follows:

Name of the Post Existing Pay Scale as per of 4th CPC Pay scale of 4th CPC Pay scale of 5th CPC Pay scale of 6th CPC Pay scale of 7th CPC Assistant Librarian 1200-1800 1200-2040 1320-2040 1350-2200 1400-2300 1400-2600 1400-2600

PB-1

20200 + GP Rs. 2800/- Level 5 (29200- 92300)

9. The amendment of Recruitment Rules for the post of Assistant Librarian in NIPCCD in the pay scale of Rs. 4500-7000 to Rs. 5500-9000 was placed before 52nd meeting of the Digitally signed by PRASANNA BASUMATARY PRASANNA BASUMATARY

Executive Council held on 31.03.2003. The Executive Council constituted Committee comprising Joint Secretary (VR), Financial Adviser of Department of Women and Child Development (WCD) and Director (NIPCCD) to examine the proposal and make suitable recommendation to MOS (WCD)-cum-Chairperson, NIPCCD of the Executive Council whose decision would be final. The Committee examined the proposal and approved the agenda item. The recommendation have been approved by the Executive Council subject to approval of Department of Women and Child Development vide Office Order no. 222/2003 dated 15.09.2003, and the same was communicated to Smt. Sabita Haloi Talukdar (applicant). Accordingly, the matter regarding amendment of the Recruitment Rules was referred to Ministry of Women & Child Development, Govt. of India for approval of the same which was further referred to Department of Expenditure. However, Department of Expenditure did not approve the revision of the pay scale for the post of Assistant Librarian from Rs. 4500- 7000 to Rs. 5500-9000 as conveyed by the Ministry of Women & Child Development vide their letter

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No. 12-23/2002-TR-ll (NIPCCD Admn) dated 17.02. 2004. Therefore, the case regarding up- gradation of pay scales from Rs. 4500 - 7000 to Rs. 5500-9000/- of Smt. Sabita Haloi Talukdar, Assistant Librarian cannot acceded to as the RRs of the post of Assistant Librarian has not been approved by the Ministry of Women & Child Development, Govt. of India. Hence, the post of Assistant Librarian is still exist in the pre- revised scale of Rs. 4500-7000 i. e. pay level-5 (29200- 92300) as per 7th CPC in NIPCCD. They also denied the contention of the applicant regarding similarities between the applicant and employees of the respondents.

10. Sri M. Chanda, learned counsel for the applicant and Sri R. Hazarika, learned Addl. CGSC for the respondents were heard and scrutinized the entire conspectus of the case.

11. Learned counsel for the applicant has placed reliance the following case rulings in support of his case. i.

Judgment

and order dated 21.08.1995 passed by the Hon’ble Supreme Court of India in Civil Appeal No. 7510 of 1995 in the case of M.R. Gupta Vs. Union of India and Ors.

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ii. Judgment and order dated 06.11.2015 passed by the Hon'ble Central Administrative Tribunal in the case of Smti. Sabita Haloi Talukdar vs. Union of India & Ors (O.A No-370/2015).

iii. Judgment and order dated 06.05.2004 passed by the Hon'ble Supreme Court of India in the case of Sate of Mizoram & anrs vs. Mizoram Engineering Service Association & Anr.

iv. Judgment and order dated 28.10.2020 passed by the Central Administrative Tribunal, Guwahati Bench in case O.A No. 320/2016 (Smti. Sabita Haloi Talukdar vs Union of India & Ors).

v. Judgment and order dated 25.08.1998 passed by the Hon'ble Supreme Court of India in the case of Chandraprakash Madhavrao Dadwa and Ors. vs. Union of India (UOI) and Ors.

vi. Judgment and order dated 16.04.2008 passed by the Hon'ble Supreme Court of India in the case of Haryana State Minor Irrigation vs G.S.Uppal & ors.

Sri Chanda further reiterates that similarly situated employees working in the respondent department in the cadre of Assistant/Stenographer Grade-II (now Stenographer Grade-I) have been extended benefit of higher revised scale of pay as given to their counterpart working in Central Government Department vide NIPCCD order dated 30.04.2014/02.05.2014

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but the same has been denied to the instant applicant inspite of recommendation of the Apex Body i.e. Executive Council.

12. It is admitted fact that this is third round of litigation. On first round, by filing O.A. No. 370/2015, applicant had prayed for a direction upon the respondents to grant her (i) pay scale of Rs.1400-2600/- w.e.f. 15.06.1995 in terms of OM dated 24.07.1990; (ii) scale of pay of Rs.5500-9000 w.e.f. 01.01.1996 in terms of OM dated 21.02.2002 and office order dated 15.09.2003; (iii) scale of pay of Rs.9300 34,800 plus Grade Pay of Rs.4200/- in terms of Model RR notified under OM dated 28.03.2013; and (iv) 1st financial upgradation under ACP scheme w.e.f. 15.06.2007 with Grade Pay of Rs.4600/- with all consequential benefits; which was disposed of vide order dated 06.11.2015 with the following directions: “On perusal of the application and the materials placed before me and upon hearing the learned counsel, I am of the view that matter can be disposed of by directing the respondents to consider the case of the applicant as per rules. Applicant is hereby directed to send a copy of the OA along with this order to the respondent nos. 1 & 2 (upon which her earlier representations are pending) within fifteen days from the date of receipt of this order. On receipt of the same the respondent nos.1 & 2 shall treat the OA as a representation of the applicant and consider and dispose of the OA along with her pending representation, as per rules, and pass

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appropriate orders within a period of two months thereafter. The order to be passed by the said respondents shall be communicated to the applicant forthwith.”

13. In compliance of the aforesaid direction, the respondents had issued Office Memorandum dated 07/08.01.2016 and rejected the reliefs claimed by the applicant. Being aggrieved, applicant had again approached this Tribunal by way of filing O.A. No. 320/2016, which was disposed of vide detailed order dated 28.10.2020 with the following observations and directions: “18. The respondents in the present case was handicapped to extend the benefit of claimed pay scale of Rs.5500-9000 as the Government of India, Department of Expenditure did not approve the said revision of pay scale for the post of Assistant Librarian from Rs.4500-7000 to Rs.5500- 9000.

19. We herein also agree to the situation faced by the institute that the NIPCCD is a fully funded institute, the matter of grant of pay scales, adoption of pay scales consequent to revision by central pay commission is subject to the approval of the Government of India whose approval is, therefore necessary to come from the Ministry of Finance, Department of Expenditure through the Ministry of Women and Child Development, Administrative Ministry of the institute.

20. In view of the above, we are of the opinion that let the matter be remanded to the Ministry of Finance, Department of Expenditure, Government of India as well as NIPCCD to consider the prayer of the applicant by giving her an opportunity of being heard and consider and pass a reasoned order in accordance with law. Ordered accordingly.

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21. The whole exercise shall be carried out within a period of 3(three) months from the date of receipt of copy of the order. We hope and trust that the institute will take expeditious initiative with the Department of Expenditure in settling the matter within the time already framed.”

14. In pursuance of the aforesaid order of this Tribunal (supra), the respondents have passed the impugned Office Order No. 208/2023 dated 21.09.2023 with the following observations: “6. Since Smt. Sabita Haloi Talukdar, Assistant Librarian does not possess the requisite educational qualification of Graduation with B. Lib. As per the Ministry of Finance, Department of OM dated 24.07.1990, the proposal for grant of pay scale of Rs. 1400-2600from 15.06.1995 and subsequent revision has not been agreed by Ministry of Women and Child Development Administrative Ministry of Institute vide letter dated 20.12.2022.

7. In accordance with Ministry of Finance (Department of Expenditure) ID No.48(1)/E.III B/2022 Note dated 15.12.2022, it is very much clear that she is not eligible for the grant of pay scale of Rs. 1400-2600/- from 15.06.1995 due to lack of requisite qualification.”

15. The respondents' objection regarding limitation is legally unsustainable. The law regarding errors in pay fixation and subsequent pension calculations has been explicitly settled by the Hon’ble Supreme Court in M.R. Gupta v. Union of India & Ors. [1995 SCC (5) 628] [1995 SCC (5) 628] and

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Union of India v. Tarsem Singh (2008). A proper pay fixation is a right that arises every month when the salary or pension is calculated. An incorrect pay scale calculation results in a continuous wrong that gives rise to a recurring and continuous cause of action each month [1995 SCC (5) 628]. While a long delay may restrict the retroactive recovery of financial arrears based on equity, it does not bar the Tribunal from correcting the underlying pay scale or adjusting ongoing pensionary components. Consequently, the O.A. cannot be dismissed as a stale claim.

16. The record demonstrates that NIPCCD, as an autonomous body under the Ministry of Women and Child Development, accepts and implements Central Pay Commission recommendations for its civilian employees. Once the organization re-designated the post of Assistant Librarian to Library Information Assistant via its Office Order dated 15.09.2003, it was bound to align the pay structure with the master circulars issued by the Ministry of Finance. Under the Ministry of Finance O.M. dated 24.07.1990 and the subsequent 5th CPC implementation circular dated

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21.02.2002, the entry scale for departmental Librarians possessing a graduate degree plus a B.Lib. was explicitly upgraded to Rs. 5500–9000/- w.e.f. 01.01.1996. The applicant possessed the identical educational qualifications and discharged the same duties as counterparts in other central formations. Furthermore, the Director of NIPCCD explicitly admitted the fact of this structural background within the text of the impugned O.M. dated 07/08.01.2016. Therefore, denying this scale to the applicant constitutes arbitrary discrimination, violating Articles 14 and 16 of the Constitution of India. Furthermore, under the Assured Career Progression (ACP) Scheme (O.M. dated 09.08.1999), an employee who completes 12 years of regular service without a promotion is entitled to the financial scale of the next immediate promotional post in the hierarchy. Since the applicant's basic scale is corrected to the entry level of a Library Information Assistant, her 1st financial upgradation w.e.f. 15.06.2007 must be structured to match the next immediate promotional tier, carrying a Grade Pay of Rs. 4600/-. The respondents'

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mechanical rejections in 2016, 2023, and 2024 fail to address these statutory directives and cannot be sustained in law.

17. In view of the above, O.A. is disposed of. The matter is hereby remanded to the Ministry of Finance, Department of Expenditure, Government of India, as well as the National Institute of Public Cooperation and Child Development (NIPCCD) to re-consider the prayer of the applicant regarding the retrospective grant of the pay scales of Rs. 1400–2600/- (w.e.f. 15.06.1995), Rs. 5500–9000/- (w.e.f. 01.01.1996), PB-2 with Grade Pay Rs. 4200/- (w.e.f. 01.01.2006), and the modified 1st ACP upgradation with a Grade Pay of Rs. 4600/- (w.e.f. 15.06.2007) within a period of three months from the date of receipt of a certified copy of this order.

18. All pending Miscellaneous Applications (M.A.), if any, stand closed. No order as to costs.

(MALLIKA ARYA)

(RAJINDER SINGH DOGRA)

MEMBER (A)

MEMBER (J)

PB

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