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: Pay parity - Recommendations of Fifth Pay Commission - Execution of - Typists working in Railways claiming pay parity with clerical cadre - Claim upheld by Tribunal - Affirmed by High Court - On appeal, Held: Claim of the typists earlier referred to Anomalies Committee - On recommendations of the Committee, relief granted to the typists in English and Hindi languages - General recommendations of the Commission regarding pay scales in respect of certain cadre could not directly be made applicable to other cadres - Even if there was any recommendation for merger of two cadres, so long as the same has not been accepted by the Government, it may not be appropriate for the Tribunal/Court to issue a direction in connection thereof - Specific directions in terms of Para 55.152 of the Commission's Report applies only to typists working in specified pay scale/confined to that category only and cannot be extended to rope in others not fitting in that category - When a concession already extended to respondent-typists by the Government in terms of the recommendations of the Anomalies Committee, it is open to the Government to provide such benefit from the notified date - Neither the Tribunal nor the High Court can direct merger of any cadre as it is the policy decision that the Government could take - Tribunal has exceeded its jurisdiction in accepting the claim of the incumbents and High Court erred in not setting aside the order of the Tribunal.Respondent, employees of Railways in typist cadre, filed an application before the Central Administrative Tribunal for issuance of a direction to the appellant-Union of India to sanction the same scales of pay to them as are applicable to senior clerks, head clerks and Office Superintendents Grade II with effect from 1.1.1996 in terms of the recommendations of the Fifth Pay Commission, and for directions for payment of the arrears on that basis. The Central Administrative Tribunal upheld that claim. Aggrieved, the Union of India challenged the order of CAT in the High Court, which was dismissed by the High Court. Hence the present appeals.Appellant-Union of India contended that the Pay Commission had taken a conscious decision to deal differently with the cadre of typists and the cadre of clerks and hence the typists cannot claim the benefits which were not given to them by the Fifth Pay Commission; that if parity as claimed is to be given, it would amount to re-writing the report of the Pay Commission; that the Central Administrative Tribunal and the High Court had done this by granting the reliefs claimed and consequently they have acted outside their jurisdiction while exercising the power of judicial review; that a mandamus has been issued to merge the cadre is not permissible; that the peculiar facts of the services in the Railways had been specifically taken note of by the Fifth Pay Commission and a conscious decision was taken with a view to grant higher pay scale because one third of the strength of senior clerks was that of directly recruited graduates and a higher pay scale has been given to them on the basis of educational qualifications; and that the recommendation in paragraph 83.296 of the Pay Commission's Report was made by the Commission after appreciation of all the relevant circumstances relating the service in Railways. Respondent-employees submitted that in respect of language typists the Pay Commission had recommended that language typists can be divided into four categories; that typists in English and Hindi language form part of the general cadre of an organisation. They are treated at par in the matter of pay scales, promotional avenues etc. as per paragraph 55.152 of the Report; that the recommendations in respect of pay scales for clerical cadre is contained in paragraph 83.225 of the Report; that in terms of the Report the language typists are entitled to the same pay scales as have been recommended by the Fifth Pay Commission in respect of the clerical cadre; that no separate recommendation was made in view of the fact that the matter was specifically covered under the common categories; and that paragraph 83.296 of the Report does not have application because that dealt only with the categories of employees whose cases have not been dealt with either under common categories in Chapter 55 or under specific categories in paragraph 83.1 to 83.295. |
Judge | Hon'ble Mr. Justice P.K. Balasubramanyan |
Neutral Citation | 2007 INSC 869 |
Petitioner | Union Of India |
Respondent | Arun Jyoti Kundu And Ors. |
SCR | [2007] 9 S.C.R. 463 |
Judgement Date | 2007-08-27 |
Case Number | 2468-2469 |
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