Dr. Sukhdeo Chaudhary And Ors vs Union Of India And Ors

Heard learned counsel for the writ petitioners, the Union of India and the respondent- Central Silk Board.

Being aggrieved by the order dated 16th February 2017 passed by learned Central Administrative Tribunal, Circuit Bench, Ranchi in O.A. No.214/2013(R), the applicants have approached this Court under Article 226 of the Constitution of India.

The applicants had moved the learned C.A.T. for the following reliefs :-

"The direction should be given to the Respondents Authority to enhance/up-grade/revise the pay scale of the two cadres of Scientists, i.e. Senior Research Officer (also called Assistant Director) and the Deputy Director into the next higher scale with effect from 01.01.1996 irrespective to their length of service in the light of up- gradation / revision of the pay scale of the Scientists working in the other cadres such as the Scale of the Senior Research Assistant (hereinafter referred as to 'SRA'), the Joint Director and the Director have been up-graded/revised, but the pay scale of Senior Research Officer (SRO) and the Deputy Director has not been up-graded/ revised in the same terms in which the pay scale of the Scientists of other cadre has been revised/ upgraded."

Learned C.A.T. considered the stand of both the parties and declined to entertain the matter also taking note that prior to 5th Central Pay Commission, pay scale of Joint Directors were in the higher pay scale than the Deputy Directors and the Deputy Directors were feeder cadre for Joint Directors. The implementation of 5th CPC merged the two pay scales into one. The authorities examined the anamoly on the demand of CSB Scientists and the Joint Directors were accordingly given the higher pay scale. There was nothing perverse in the matter. Learned C.A.T. acknowledged that the issues regarding classification of posts and determination of pay structure comes within the exclusive domain of the executives and the Tribunal cannot sit in appeal over the wisdom of the executives in prescribing certain pay structure and grade in a particular service. It referred to the decision of the Apex Court in the case of Hukum Chand Gupta Vs. DG, ICAR & Ors. (2012) 12 SCC 666 and also in the case of Union of India through Department of Post and Telegraph Vs. T.V.L.N. Mallikarjun Rao & Ors. (2015) 3 SCC 653. The case of Union of India Vs. P.V. Hariharan (1997) 3 SCC 568 was also taken note of.

Briefly stated, the case of the applicants/writ petitioners, as pleaded before the learned C.A.T. and in the instant writ petition is that the organization has, in a discriminatory manner, not given the revisional benefits to Senior Research Officer and Deputy Directors which has resulted in loss of pay in grant of grade and uniform designation of the scientific and technical post covered by the flexible complementing scheme under notification dated 9th November 1998 issued by the Ministry of Personnel, Public Grievance and Pension. They have contended that being in the post of Senior Research Officer and Deputy Director, they are also entitled for equal treatment in revision of scale as per letter dated 30th June 1999 and correct designation of the Scientist grades. They contend that the pay revision implemented by CSB by letter dated 30th June 1999 is not at par with the CSIR which amounts to denial of equality and parity.

Learned counsel for the petitioners, in order to portray the exact comparative picture of revision in pay scales implemented under 5th pay revision w.e.f. 1.1.1996 in the Central Silk Board and further revised by the Ministry of Textiles vide letter no.25012/73/87- Silk dated 16th June 1999 have referred to the two charts under para-3 of the counter affidavit which is also extracted herein below for better appreciation of the case of the parties :-

"3. That in the meantime, the pay scales of the Central Government employees were revised by the Central Govt. based on the recommendations of the V Central Pay Commission w.e.f 1-1-1996. Subsequently, the revised pay scales were also made applicable to Autonomous Bodies like the Central Silk Board w.e.f 1-1-1996. The revised pay scales granted to the CSB scientists based on their pre- revised pay scales as per the recommendations of the V CPC were as under:

Name of the Post

Pre-revised Pay Scale

Revised Pay Scale

Senior Research Assistant

Rs.1640-2900

Rs.5500-9000

Senior Research Officer

Rs.2200-4000

Rs.8000-13500

Deputy Director

Rs.3000-4500

Rs.10000-15200

Joint Director

Rs.3000-5000

Rs.10000-15200

Director

Rs.3700-5000

Rs.12000-16500

During June 1999, the Ministry of Textiles vide letter No.25012/73/87-Silk dated 16th June 1999 approved a pay package for the CSB Scientists as per details given below with retrospective effect from 1.1.1996:-

Name of the Post

Scale of Pay (Rs.)

Scale of Pay (Rs.)

Dying cadre

Senior Research Assistant

5500-9000

6500-10500

Research Officer

8000-13500

8000-13500

Deputy Director

10000-15200

10000-15200

Joint Director

10000-15200

12000-16500

Director

12000-16500

14300-18300

Senior Director

-

16400-20000

Drawing from comparison between the aforesaid two tables, learned counsel for the petitioners has urged that the revision in pay scale of Senior Research Officer, Deputy Director and Joint Director in particular w.e.f. 1.1.1996 under 5th CPC entailed the revised pay scale of Rs.8,000-13,500/-, 10,000-15,200/- and 10,000-15,200/- respectively to the officers of these respective cadres. However, the decision taken on 16th June 1999 given retrospective effect from 1.1.1996 resulted in a serious pay anomaly for the reason that scale of pay at Rs.8,000-13,500/- of Senior Research Officer and that of Deputy Director in the scale of Rs.10,000-15,200/-, remained the same, while that of Joint Director was upwardly revised to Rs.12,000-16,500/- . If the pay anomaly was revised by the Ministry of Textiles for the CSB Scientists by its decision dated 16th June 1999, the anomaly in respect of the pay scale of the Senior Research Officer and Deputy Director also ought to have been revised.

Be it observed at this stage that the decision of Ministry of Textiles dated 16th June 1999 (Annexure-B to the counter affidavit) is not under challenge before this Court neither was assailed before the C.A.T. Learned counsel for the petitioners submits that the decision dated 16 th June 1999 gave the Scientist pay scale to the cadre of the Central Silk Board. Petitioners have also sought to draw strength from the order of the High Court of Karnataka in Writ petition Nos. 2536-2634/1997 dated 14th February 1997 (Annexure-C to the counter affidavit of Central Silk Board) and upheld by the learned Division Bench of the High Court of Karnataka vide judgment dated 29th July 1997 in Writ Appeal No. 3762 & 3823-3920/1997 Learned counsel for the respondents, in particular, has referred to para-7 of the judgment passed by the learned Single Judge of the Karnataka High Court at Annexure-C where it had refused to go into the question whether the petitioners are entitled to seek implementation of the recommendation made by the respondent Board so far as their pay structure is concerned. The only direction that was given was to consider the representation, if any, made by the petitioners therein within a stipulated period.

The Central Silk Board through its counter affidavit has justified the pay revision implemented by the Ministry of Textiles order dated 16th June 1999 implemented w.e.f. 1.1.1996 on the ground that the pay revision effected w.e.f. 1.1.1996 by the CSB resulted in an anomaly since scale of Deputy Director and Joint Director got equated, though those two posts were different and the post of Joint Director was the promotional post of Deputy Director with a different scale of pay in the pre-revised scale also. Apart from that, learned counsel for the respondent has also submitted that the cadre of Senior Research Assistant was declared as a dying cadre. As and when the present incumbents in that cadre completed 10 years of service, they were placed in the pay scale of Rs.8,000-13500/-in the cadre of Senior Research Officer. All the future appointments were being made in the scale of Rs.8,000-13,500/- on the post of Senior Research Officer. Learned counsel for the respondent has submitted that a bare perusal of the first table under para-3 would show that the pre-revised scale of pay of all these cadres: Senior Research Assistant, Senior Research Officer, Deputy Director, Joint Director and Director were different. However, on implementation of the revised pay scale, though the cadre of Senior Research Assistant and Senior Research Officer had revised scale of Rs.5,500-9,000/- and 8,000-13,500/- but that of the Deputy Director and Joint Director were revised but on the same scale of pay of Rs.10,000- 15,200/- which resulted in the anomaly. This has been corrected by the decision dated 16th June 1999 which has not been challenged before the learned CAT or in this writ petition. While correcting the anomaly a post of Senior Director was also created in the pay scale of Rs.16400-20000/-. In the present set of pay scales under 5th PRC each cadre is in a different scale in the climbing order of hierarchy and therefore the plea of equality or parity in treatment or discrimination on the part of the applicants/writ petitioners have rightly been declined by the learned CAT.

We have heard learned counsel for the parties and taken into note the relevant material facts and documents on record relied upon by them. We have also gone through the impugned order of learned CAT.

At the outset, it needs to be reiterated that the decision dated 16 th June 1999 of Ministry of Textiles regarding the pay scale of Central Silk Board Scientists which, in particular, has aggrieved the applicants/writ petitioners have nowhere been challenged either before the learned CAT or this Court. On the other hand, the applicants had moved the learned CAT with a simple prayer for enhancement or upgradation or revision of their pay scale of two cadres of Senior Research Officer and Deputy Director w.e.f. 1.1.1996.

From consideration of the materials on record and, in particular, the comparative tables extracted at para-3 of the counter affidavit above, we do not find that the decision dated 16th June 1999 taken by the Ministry of Textiles in respect of revision of pay scale of the Scientists of the Central Silk Board suffered from any illegality or discrimination vis-à-vis the cadre of these petitioners. The learned CAT also found that there has been no discrimination in grant of revised pay scale to the petitioners' cadre as unequals cannot be treated alike. Respondents have filed a detailed affidavit justifying the rectification of the pay scale of the Joint Director to Rs.12,000- 16,500/- as they were erroneously equated in pay scale with the Deputy Directors while 5th CPC was implemented in CSB w.e.f. 1.1.1996. It is also evident that the post of Deputy Director is lower to that of the Joint Director and in fact is a feeder cadre. The A.C.R. of the Deputy Directors are written by the Joint Director.

In the facts and circumstances discussed above and the reasons recorded, we do not find any error in the order of learned CAT calling for interference under Article 226 of the Constitution of India. The writ petition, being devoid of merit, is dismissed.