Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law-Determination of pay scale. Powers of Court-Determination of pay scales and equation of posts is executive function-But Court can interfere if employees are treated arbitrarily-Necessary and relevant factors C for detennination of pay scale discu>sed-Relevance of educational qualification in determination of pay scale-What is. West Bengal Registration Service-Post of Sub-Registrar-Conferment of gazetted status-Government notification-Inclusion of registration service in State Service-Entitlement of Sub-Registrars to pay scale equivalent to State Level Officers-Held pay scale must reflect nature of duties and responsibilities-Mere conferment of gazetted status and inclusion in State Service does not justify higher scale-Sub-Registrars and Munsiffs held not equal as their duties are different in nature-Grant of scale to Sub-Registrar not equivalent to that payable to State Level Officers held not arbitrary-Supreme Court's direction to State Government to determine appropriate pay scale for Sub-Registrars and posts above them. The West Bengal Registration Service comprised the post of Sub Registrars and other posts above the level of sub-Registrar. By a resolution dated May 22, 1952 the post of Sub-Registrar was directed to be regarded as gazetted w.e.f. 1st April, 1952. Thereafter by a Notification dated 17th July, 1953 the Registration Service was, with effect from the date of its constitution i.e. 30th January, 1953 included in the West Bengal State Service. The respondents alleged that notwithstanding the commitment made by the 1953 Notification that they would be accorded all the privileges admissible to officers belonging to State Service, their pay scale was not revised equivalent to the minimum pay scale admissible to State Service Officers. Even when pursuant to the recommendations of the Pay Committee the pay-scales were revised they were placed on a scale which was lower than the minimum scale payable to State Service Employees. Further though the First State Pay Commission recommended a Scale of Rs. 425-825 for Sub-Registrars yet the recommendation did not find favour with State Government and their pay scale was fixed at Rs. 300-600. Also pursuant to the recommendations of the Second SState Pay Commission their pay scale was revised to Rs. 425- 1050 i.e. scale No. 11, although the minimum scale fixed for the State Service Officers was Rs. 660-1600 i.e. Scale No. 17. Feeling aggrieved by the decision of the State Govt. the respondents filed a writ petition in the High Court of Calcutta under Article 226 of the Constitution for a mandamus to award scale No. 17 of Rs 660-1600 as admissible to State Service Officers. During the pendency of the writ petition the Third State Pay Commission submitted its report. This Commission also rejected their claim of pay scale of Rs. 660-1600, the minimum scale for State service, on the ground that their duties and responsibilities did not justify the higher pay scale. By its judgment dated 28th June, 1989, a Division Bench of the High Court allowed the writ petition and awarded revised scale No. 17 by holding that the Government had acted arbitrarily and in violation of Articles 14 and 16 of the Constitution in not awarding scale No. 17 to the Sub-Registrars. The High Court based its decision on the facts that (i) the post of Sub-Registrar was a gazetted post belonging to the State Service; (ii) the first State Pay Commission recommended a higher pay scale which was turned down by Finance; and (iii) the revised educational. qualification for Sub-Registrar, a law degree, was the same as required for Munsiffs. Subsequently the respondents filed an application for interim relief seeking permission to exercise option for the corresponding scale No. 17 of Rs. 2200-4000 equivalent to the old scale of Rs. 660-1600 which was allowed by the High Court by its order dated 16th March, 1990. They also filed an application seeking clarification of the Court's order dated March 16, 1990 and by its order dated 30th March, 1990 the High Court permitted the officers belonging to the posts above the level of Sub-Registrars to opt for corresponding scales Nos. 18 and 19. In appeals to this court against the judgment of the High Court dated 28th June, 1989 and orders dated 16th and 19th March, 1990 it was contended on behalf of the appellant that (i) the High Court committed a serious error in revising the pay-scale of sub-Registrars in exercise of its extraordinary jurisdiction under Article 226 of the Constitution because pay fixation was essentially an executive function ordinarily undertaken by an expert body like a Pay Commission whose recommendations are not justiciable; (ii) there being no scheme as 'Constituted State Service' the employees have been categorised as Group' A', 'B', 'C', and 'D' on the basis of evaluation of their work and the recruitment policy. For examination purposes the State Public Service Commission has placedĀ· the Sub Registrars in Group 'D' whereas those in scale No. 17 fall in Group 'A'. Therefore, they are not comparable and cannot be placed in same pay scale. On behalf of the respondents it was contended that since after 1981 the qualification of a degree in law, as required in the case of Munsiffs, was also added to their eligibility criterion, they should be equated with Munsiffs in the matter of pay-scale. |
Judge | Honble Mr. Justice A.M. Ahmadi |
Neutral Citation | 1992 INSC 55 |
Petitioner | Secretary, Finance Department And Ors. |
Respondent | West Bengal Registration Service Association And Ors. |
SCR | [1992] 1 S.C.R. 897 |
Judgement Date | 1992-02-20 |
Case Number | 2023 |
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