1. Dispute concerning the upgradation of pay scales for a group of employees and the effective date for granting such relief. (Para 2 )
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2000 Supreme(SC) 906
2000(6) Supreme 542
SUPREME COURT OF INDIA
G.B. Pattanaik & U.C. Banerjee, JJ.
Dy. Dir. Gen. of Geo. Survey of India & Anr. -Appellants
versus
R. Yadaiah & Ors. -Respondents
Civil Appeal No. 3032 of 2000
(Arising out of SLP (C) No. 15394 of 1999
Decided on 28-4-2000
Important Points
IMPORTANT POINT
Ordinarily, the Courts or Tribunal should not go into the question of fitment of the officers in a particular group or the pay-scale thereto, and leave the matter to the discretion and expertise of the Special Commission like Pay-Commission, unless the Court finds on materials produced that there is some apparent error.
Ordinarily, the Courts or Tribunal should not go into the question of fitment of the officers in a particular group or the pay-scale thereto, and leave the matter to the discretion and expertise of the Special Commission like Pay-Commission, unless the Court finds on materials produced that there is some apparent error.
Subject
Administrative Law - Judicial Review
Act Referred
Headnote
Service Law-Fitment of officers in particular pay scale-Courts or Tribunal should not go into question of fitment in a particular group or pay-scale thereto-Matter should be left to discretion and expertise of Special Comission like Pay Commission.
Ordinarily, the Courts or Tribunal should not go into the question of fitment of the officers in a particular group or the pay-scale thereto, and leave the matter to the discretion and expertise of the Special Commission like Pay-Commission, unless the Court finds on materials produced that there is some apparent error. (Para 2)
Legal Category Hierarchy
-
administrative law
-
service law
-
pay and allowances
- pay scale upgradation (Para 2)
-
pay and allowances
-
service law
Table of Contents
2. Whether the Tribunal was justified in determining the upgradation of pay and the effective date of relief for a specific group of employees. (Para 2 )
3. Courts and Tribunals should generally defer to the expertise of Pay Commissions regarding pay-scale fitment unless an apparent error is evident. (Para 2 )
4. Pay-scale fitment and upgradation fall within the discretion and expertise of Special Commissions like the Pay Commission, absent apparent error. (Para 2 )
5. Appeal allowed; impugned orders set aside; employees entitled to higher scale from 1.1.1996 pursuant to the 5th Pay Commission's decision. (Para 2 )
6. Should courts or tribunals interfere in the determination of pay scales or fitment of officers?
Ordinarily, courts or tribunals should not go into the question of fitment of officers in a particular group or the pay-scale thereto, leaving the matter to the discretion and expertise of a Special Commission like the Pay Commission, unless the court finds an apparent error based on produced materials. (Para 2 )
7. How should a Tribunal treat conflicting decisions from different benches when a Full Bench order exists?
A Tribunal is in error if it grants relief by following an earlier decision of one bench while failing to notice a subsequent Full Bench order that provides the correct approach to the matter. (Para 2 )
ORDER
Leave granted.
2. This appeal is directed against the decision of the Central Administrative Tribunal Hyderabad Bench, which was affirmed by the High Court by dismissing the Writ Petition filed against the said order of the Tribunal. The Tribunal followed the earlier decision of the Cuttack Bench in O.A. No. 177/1994, and it is also correct that Special Leave Petition against the said decision of the Cuttack Bench was dismissed in limine. But in an identical matter, the Calcutta Bench of the CAT referred to the Full Bench as it was brought to the notice of the Calcutta Bench that a contrary view had been taken by the Bangalore Bench of the CAT, and that decision had not been brought to the notice of the Cuttack Bench. The Full Bench of the Tribunal, however, thought it appropriate that the matter should be referred to the 5th Pay Commission and the matter on being referred to the 5th Pay Commission, the Commission has granted the higher scale to these groups of employees with effect from 1.1.1996. The later, Cuttack Bench followed the Full Bench of the Calcutta Tribunal and against the said decision of the Cuttack Bench, aggrieved party came to this Court in SLP which was dismissed, as it appears, from the order dated 28.4.1997. The question that arises for our consideration is whether it was appropriate on the part of the Tribunal to go into this question of upgradation of pay of a particular group of employees and give the relief with effect from a particular date. On examining the order of the Cuttack Bench of the CAT, we find that the Bench did not have the opportunity of a counter affidavit on behalf of the Union of India, and on the other hand, the prayer to file the counter affidavit stood rejected. Ordinarily, the Courts or Tribunal should not go into the question of fitment of the officers in a particular group or the pay-scale thereto, and leave the matter to the discretion and expertise of the Special Commission like Pay-Commission, unless the Court finds on materials produced that there is some apparent error. On going through the judgment of the Tribunal at Cuttack Bench in O.A. No. 177/1994 as well as the decision of the Full Bench of the Calcutta Bench of the CAT, we find that the Full Bench of the Calcutta had taken the correct approach in the matter and the Cuttack Bench was not justified in granting the relief sought for. We are, therefore, of the view that the Tribunal at Hyderabad was in error in granting the relief sought for following the earlier decision of the Cuttack Bench in O.A. No. 177/1994, and not noticing the subsequent Full Bench order of the Calcutta Bench of the CAT. We, accordingly, allow this appeal and set aside the impugned order of the Hyderabad Bench of the CAT as well as the judgment of the High Court of Andhra Pradesh and hold that these groups of employees would be entitled to higher scale with effect from 1.1.1996 pursuant to the decision of the 5th Pay Commission. Needless to mention that those employees who have already got the benefit pursuant to any order in their favour either of the Tribunal or by the Government itself, they should not be deprived of that.
(C.R.) Appeal allowed.
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