The court affirmed the government's right to establish eligibility criteria for pay upgrades, reinforcing that recommendations from pay commissions are not mandatory and can be modified under executive discretion.

JUDGMENT

Satish Chandra Sharma, C.J.

1. The present Writ Petition has been filed impugning the Order dated 12.12.2013 passed in O.A. No. 2019 of 2012 (hereafter referred as "Impugned Order") by the Central Administrative Tribunal (hereafter referred as "CAT") in terms of which the CAT upheld the grant of higher pay on non-functional basis as set out in the Office Memorandum dated 24.04.2009 (hereafter referred as "OM dated 24.04.2009") issued by Respondent No. 1, i.e., the Ministry of Personnel, Public Grievances and Pensions. The quintessential premise of the Petitioners' case is that the parity of pay in higher pay scale ought to have been granted in terms of the recommendations of the 6th Central Pay Commission (hereafter referred as "CPC") and not as per the OM dated 24.04.2009. Accordingly, by means of the present Petition, the Petitioners have sought that the Impugned Order be set aside and as a consequence the grant of pay parity be made in accordance with recommendations of the 6th CPC.

2. The factual matrix, relevant to the adjudication of the present petition, is set out hereinbelow:

(a) The Petitioners (officers of the Organized Group A Services) were selected by the UPSC and appointed to the Indian Broadcasting (Engineering) Services in different years. At the time of filing of the present Petition, they were employed with Doordarshan.

(b) The associations of the Group 'A' services, made certain demands before the 6th CPC inter-alia pertaining to faster and better career progression.

(c) In March 2008, the 6th CPC issued its Report. As per Para 3.3.12, the recommendations of the 6th CPC accommodated the demands made by the associations of the Group A services in the following terms:

"whenever any IAS officer of a particular batch is posted in the Centre to a particular grade carrying a specific grade pay in Pay bands PB3 or PB4, grant of higher pay scale on Non Functional basis to the Officer belonging to Organized Group of A services that are senior by 2 years or more should be given by the Government. The higher Non-Functional Grade so given to the Officer of Organized Group of A services will be personal to them and will not depend on the Number of vacancies on the Grade. These officers will continue in their existing post and will get substantial posting in the higher grade that they are holding on Non-Functional basis only after vacancy arises in that grade".

(d) On 29.08.2008, the Ministry of Finance notified the recommendations of the 6th CPC through the Gazette of India. Relevant excerpt of the Gazette Notification is reproduced hereinbelow:

(e) On 24.04.2009, Respondent No. 1 issued the OM adopting the recommendations of the 6th CPC, however, prescribing certain conditions which inter-alia included an additional stipulation under Clause 3 of Annex I to the OM to the effect that all the prescribed eligibilit