affords, the substantive part of the Rules are based on the replacement scales being in accordance with the ones indicated in Part A of the First Schedule – read with definition of “revised pay”. The scales indicated, under the First schedule are in the form of merger of four pay scales – Rs.4500-7000/-; Rs.5000-8000/-; 5500-9000/-; and Rs.6500-10,500/-. All are merged into one play scale, i.e. Rs.9300-34800/-. The Rules, as well as the Sixth CPC recommendations specifically talk of continuation of pay benefits on the basis of “historical parity”. As observed earlier, this historical parity is not denied; however, the explanation for denial of the benefit of upgradation – and the consequent placement is higher pay scales, to employees in Ordnance Factories is that OFB employees are not specifically mentioned, as opposed to mention of other non-secretariat employees: “like AFHQSS/AFHQSSS/RBSS and Ministerial/Secretarial posts in Ministries/Departments organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC, etc.”. This argument is both upersuasive and specious, because mention of specific department was meant only by way of illustration; else a contrary intention would have been clearer. That the mention of some, not all non-secretariat employees is illustrative and not exhaustive is clear from the qualifying terms – “like” and “etc.”. The allusion to historical parity with reference to only a few illustration was to encompass all those organizations where employees had identical pay scales and not merely those in enumerated departments or organizations. Any other interpretation would negate the whole intention of maintaining historical parity altogether.”
