JUDGMENT

DUTT, J.:— This appeal by special leave preferred by the Union of India and others is directed against the judgment of the Central Administrative Tribunal, Calcutta Bench, Calcutta, whereby the Tribunal set aside the Award of the Board of Arbitrators and directed the appellants to accord the benefit of the scale of pay of Rs. 550-900 to the Scientific Assistants working in the Botanical Survey of India with effect from January 1, 1973 with all consequential reliefs.

2. Before January 1, 1973, the scale of pay of the Scientific Assistants in the Botanical Survey of India was Rs. 210-425. The Third Central Pay Commission, hereinafter referred to as the Pay Commission, made certain recommendations with respect to the Scientific Assistants. Clause (i) of paragraph 41 of the Report of the Pay Commission reads as follows:-

"41 (i). In our view, below the gazetted staff there are at least two distinguishable levels of scientific work which require graduates or post-graduates. The higher grade would require a post-graduate education and call for some degree of originality and capacity for independent work. Such scientific assistants should, in course of time, be able to carry out independent invesatigations of the type conducted by scientific officers. The lower grade could be adequately manned by the good science graduates. The work at this level would be mostly standardised and conducted under the guidance of gazetted officers. Scientific Assistants in this grade should have reasonable expectations of moving to the higher grade. Thus a structure of two grades, instead of a single integrated grade, would serve the purpose of paying for the jobs at rates appropriate to the responsibilities, and at the same time provide an incentive to good performance."

3. The Pay Commission recommended four levels of pay for the Scientific Assistants under Table XI. Level-I and Level-II under Table XI, with which we are concerned, are extracted below:-

TABLE XI

Existing scale (Rs.) Proposed scale (Rs.) Qualification for

Level I 325-575 555-900 M.Sc./First Class. B.Sc. (Honours) or Diploma in Engineering/ Second Class. B.Sc. with 3 years experience.

Level II 210-425 425-700 Second Class B.Sc. (Honours) or B.Sc. with not less than 55% of marks in aggregate or Diploma in Engineering.

4. The respondents Nos. 1 to 8, who are working in the Office of the Botanical Survey of India as Scientific Assistants, claim that they should be given the pay-scale of Level-I, that is, Rs. 550-900, as recommended by the Pay Commission. The demand of the respondents was considered by a Committee constituted by the Office Council of the Joint consultative Machinery. The Committee, which was headed by Dr. A. S. Rao, came to the conclusion that the posts of Scientific Assistants in the Botanical Survey of India should be allocated the pay-scale of Rs. 550-900 in terms of the recommendation of the Third Pay Commission. As the Government did not agree to the conclusion of the A. S. Rao Committee, the matter was referred to a Board of Arbitrators on July 17, 1980. The terms of reference to the Board of Arbitrators were as follows :-

"Whether the post of Scientific Assistant of the Botanical Survey of India should be. allocated the revised scale of Rs. 550-900 in terms of 3rd Pay Commissions recommendations effective from 1-1-1973."

5. The Board of Arbitrators made the following Award :-

"All the Scientific Assistants who are continuing as Scientific Assistants since 1-1-1973 and who possess the prescribed qualification for Level-I, i.e. M. Sc./First Class B.Sc. (Hons.)/Second Class B.Sc. with 3 years experience shall be placed in the scale of Rs. 550-900 with immediate effect i.e. the date of this Award and shall be deemed to be automatically absorbed in the grade of Senior Scientific Assistants, irrespective of the fact whether there are vacancies in the grade or

Government is further directed to frame proper Recruitment Rules for the posts of Senior Scientific Assistant-Leve