important point
Recommendations of pay scales are not open to judicial review.

JUDGMENT

P.K. Balasubramanyan, J.—

Intervention allowed. Heard learned counsel on all sides.

1.These appeals by the Union of India challenge the decision of the High Court of Calcutta dismissing the writ petitions filed by it challenging the decision of the Central Administrative Tribunal, Calcutta Bench, in applications filed by employees of Railways in typist cadre. The claim of the employees was for the issue of a direction to the appellant 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 and for directing payment of the arrears on that basis. The Central Administrative Tribunal had upheld that claim. That was challenged in the High Court, but the High Court repulsed the challenge.

2.Claim before the Tribunal was made on the basis that the scales of pay of the respondents herein, working as typists in the Eastern Railways is at par with that of Lower Division Clerks. The Fifth Pay Commission had recommended that typists should be treated at par with clerks and hence the typists have a legitimate right to claim pay at scales enjoyed by Senior Clerks, Head Clerks and Overseers Grade II in respect of the posts of Senior Typists, Head Typists and daily typists respectively. Instead of implementing the recommendations of the Fifth Pay Commission, the appellants have fixed the pay of the respondents at lower scale. When typists were at par with the ministerial staff in the matter of promotion, there was no justification for not treating Senior Typist, Head Typist and the Chief Typist at par with Senior Clerk, Head Clerk and Overseer Grade II. The claim was opposed by the Union of India by pointing out that the recommendations of the Fifth Pay Commission regarding pay had been duly implemented to the extent accepted but that the cadre of typists had not been merged in the cadre of clerks. When a grievance was but forward, the question was examined by the Anomaly Committee and in respect of English Typists and Hindi Language Typists, relief was granted with effect from 31.1.2000 that it was not within the purview of the Central Administrative Tribunal to re-fix the pay scales or to issue directions to merge the cadre as sought for by the respondents and that the applications were liable to be dismissed.

3.The Central Administrative Tribunal brushed aside the objections of the Union of India regarding its jurisdiction, its authority to issue a direction to merge the cadres and the propriety in its undertaking the fixation of pay scales in the light of the decisions of this Court and proceeded to grant relief to the respondents by directing that the English language and Hindi language typists be given the same pay scales as applicable to Senior Clerks, Head Clerks and Office Superintendents with effect from 1.1.1996 and that the arrears be paid on that basis within the time fixed. The Tribunal in O.A. 12 of 1999 also directed the appellants to give the benefit of the same scales to all typists as are applicable to Senior Clerks, Head Clerks, Office Superintendents Grade II as contained in the order dated 16.10.1997 with effect from 1.1.1996. Feeling aggrieved by these directions, the Union of India filed the writ petitions before the Calcutta High Court reiterating its contentions. The Division Bench overruled the contentions of the Union of India and dismissed the writ petitions. The Union of India has thereupon come up with these appeals by special leave.

4.The Fifth Central Pay Commission had gone into the pay scales of various categories of employees in the Railways also. The Pay Commission had generally recommended equivalent revised scales of pay for the existing scales of pay except where it had thought it necessary to effect improvement on the basis of recruitment qualifications, nature of work and so on. On the recommendations of the Fifth Pay Commission the Government of India had revised the scales of pay of its employees with