1. Dispute regarding the fusion of a technical cadre into a general category and the claim for equal pay on par with another category. (Para 3 )
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1997 Supreme(SC) 354
1997(3) Supreme 517
SUPREME COURT OF INDIA
K. Ramaswamy and G.T. Nanavati, JJ.
Shiba Kumar Dutta & Ors. -Petitioners
versus
Union of India & Ors. -Respondents
Special Leave Petition (C) No. 5081 of 1997
(CC - 1733/97)
Decided on 24-2-1997
Counsel for the Parties :
For the Petitioners : K.C. Dua, Advocate.
IMPORTANT POINT
It is difficult for the Courts to go into the question of equation of posts or fitment into a particular scale of pay unless the action was arbitrary or there was invidious discrimination between persons similarly situated, doing same type of work.
Headnote:SERVICE LAW-Petitioners working as Fitters-Claim for equal pay on par with Jig Borers-Nomenclature and fitment is one of the executive policy of the Government-Court cannot go into the question of equation of posts or fitment into a particular pay scale unless action was arbitrary or there was invidious discrimination. (Para 3)
Legal Category Hierarchy
-
administrative law
-
service law
- pay scales and cadre classification (Para 3)
-
service law
Table of Contents
2. Petitioners contend that the removal of specific nomenclatures and fusion into a general category resulted in arbitrary discrimination and a reduction in pay scales. (Para 3 )
3. Nomenclature and fitment are executive policy matters; courts generally avoid evaluating job criteria and pay scales unless there is evidence of arbitrariness or invidious discrimination. (Para 3 )
4. Courts will not interfere in executive policy regarding post equation or pay scale fitment unless the action is arbitrary or involves invidious discrimination between similarly situated persons. (Para 3 )
5. Under what circumstances can courts interfere in executive decisions regarding pay scale fitment and post nomenclature?
Courts generally will not evaluate job criteria or pay scales as these are matters of executive policy, unless the action is arbitrary or there is invidious discrimination between persons similarly situated and performing the same type of work. (Para 3 )
ORDER
Delay condoned.
2. This special leave petition arises from the orders of the Administrative Tribunal, Calcutta Bench, made on June 21, 1995 in OA No. 213 of 1992 and the Review Order dated July 26, 1996.
3. The admitted position is that the petitioners, who are working as Fitters (T & G), had sought to be fused in the category of, and to be on par with, Jig Borers. They sought equal pay on par with them. They contend that they were drawing higher pay-scales than the Fitter; instead of elevating their cadre and placing them in the higher pay-scales, they have been brought them down in the category as a Fitter after removing the two nomenclatures. Thereby, it is arbitrary on account of invidious discrimination. The Third Pay Commission had gone into that aspect of the matter and fixed the scales of pay. Thereafter, admittedly, Expert Classification Committee and Anomalies Removal Committee had also gone into the matter and made distinction between them. Subsequently, nomenclature of all of them were removed and fused into one category, namely, Fitter. Nomenclature and fitment is one of executive policy of the Government. Unless the action is arbitrary or there is invidious discrimination between persons similarly situated, doing same type of work, as is pointed out, it would be difficult for the Courts to go into the question of equation of posts or fitment into a particular scale of pay. They must be left to be decided by the Expert Committees and Government. The Courts cannot go into them and evaluate the job criteria and scales of pay prescribed for each category. Under those circumstances, the Tribunal is justified in refusing to go into the question.
The special leave petition is accordingly dismissed.
SLP dismissed.
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Parallel Citations of other Journals :
Shiba Kumar Dutta v. Union of India, 1997(3) Supreme 517 : JT 1997(3) SC 453 : 1997(2) Scale 557
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