n No 43 of 1976
SC Agarwal for the Petitioners
912 LN Sinha Sol Genl
and B Datta for Respondents
The Judgment of the Court was delivered by BEG CJ
The petitioners before us are employees of the Forest Research Institute and Colleges Dehra Dun in the posts designated as Computers
Their grievance is that they should be treated as Research Assistants Grade II and given the same scale of pay and other conditions of service as are applicable to Research Assistants Grade II
The respondents Union of India and the President of the Forest Research Institute deny that the petitioners are entitled to be treated as Research Assistants Grade II
The petitioners rely upon certain alleged admissions on behalf of the oppo site parties on certain classifications of Computers in the past prior to the recommendations the Third Pay Commission 1973 as well as on the last mentioned report of the Central Pay Commission
Furthermore learned counsel has invited Union of India and another whereupon a Writ Petition by Computers they were shown as having been given identical scales of pay with the Research Assistants Grade II
This decision however does not deal with any controversy as to the correct classification of computers in comparison with Research Assistants Grade II
All we need say is that this case deals with the position under the Report of 1959 of  the Second Pay Commission which has no bearing on the position which follows from the Report of the Third Pay Commission of 1973
Moreover it is evident that even at that time Research Assistants Grade II and Computer were shown as separate classes even though their pay scales and the revised pay scales were shown as identical
Thus the claim of the petitioners is that this Court should not only include the Computers amongst Research Assistants Grade II which is not borne out even from the Report of the Second Pay Commission but go further and equate their pays so that
even though they belong to different classes their scales of pay may be identical
We are afraid this is a matter which lay entirely within the sphere of the func tions of the Pay Commission
This Court cannot satisfactori ly decide such disputed questions on the salender material on which the learned counsel for the petitioner relies in order to displace what appears to us to be prima facie the effect of the Report of the Third Pay Commission of 1973
This report shows that Computers not only belong to a separate class of their own but received less pay than Research Assistants of Grade II
Learned Counsel for the petitioner s tried to get out of the report of the Third Pay Commission contained in Chapter XVII relating to the Economists and Statisticians wherein Computers are mentioned and dealt with in paragraphs 32 to 34 by asserting that their case should be covered by either Chapter XV which deals with Scientific Services specifi cally mentioned therein or Chapter XXI concerned with Ministry of Agriculture where the Forest Research Institute and Colleges are mentioned in paragraphs 58 onwards
It seems to us to be erroneous to attempt to place Computers in Chapter XV which deals with specified Scientific Services where Computers are not mentioned or in Chapter XXI which also does not mention Corn 913 puters at all
Learned Counsel for the petitioners tried to take advantage of the fact that paragraphs dealing with the Forest Research Institute in Chapter XXI do not mention Computers
It does not follow from this that Computers necessarily belong to the class into which the petitioners want to get in without showing what the criteria and func tions of persons entitled to be treated as Research Assist ants of Grade II are as compared with the Computers who prima facie belong to another class of workers dealing with statistics even though they may be in some way assisting in research or three may be some common functions
Indeed everyone working in a research institute could in some way be said to be assisting in research
We think that these are questions entirely unfit for determination upon a peti tion for a Writ for the enforcement of fundamental rights
It requires firstly formulation of correct criteria for each classification and secondly the application of these criteria to facts relating to the functions and qualifica tions for each class
The Pay Commission had done this elaborately
The learned Solicitor General has invited our attention to the case of Union of India vs GR Prabhavalkar  Ors
reported in   where this Court held that equation of posts is not a duty which the High Court was competent to carry out in proceedings under Article 226
We do not think that we have wider powers or that we can do with greater facility what a High Court cannot when exercis ing its writ issuing jurisdiction
The learned counsel for the petitioners has tried to take us at some length into the material on which he as sails the view taken by the opposite parties
We are unable to agree that on the material placed before us we can accept the petitioners  interpretation of facts to which our attention was drawn
We are unable to consider other mate rial also to which our attention was attempted to be drawn because on the basis of the materials shown to us we are satisfied that such matters are not fit for determination by us on the kind of material sought to be placed before us
Finally learned counsel for the petitioners pleaded that we may permit him to raise this matter before an Admin istrative or Service Tribunal if and when one is constitut ed
It is not necessary for us to give him any permission to do that
We may however observe that the petitioners are at liberty to pursue other remedies including those which may be available to them if any such Tribunal is set up in future
We want to make it clear that the question whether there is or there is not enough material on record in a particular case to establish the basis of a particular discrimination is one of fact for the determination of which no hard and fast rules can be laid down
Moreover a dis crimination which involves the invocation of Article 14 is not necessary covered by Article 16
We do not propose to discuss here the differences between Articles 14 and 16 because we think that even the material relied upon on behalf of the petitioners before us shows that Computers and Research Assistants Grade II are classified separately
The validity of that classification cannot 914 we think be displaced by the kind of evidence relied upon on behalf of the petitioners
And until that classifica tion is shown to be unjustified no question of violating Article 16 can arise
We therefore leave the petitioners to other means of redress if they still feel aggrieved
The result is that we dismiss the Writ Petition but make no order as to costs
SR Petition dis missed


Summary:
In the 1959 Second Pay Commission Report the pay scales and the revised pay scales of the Computers were shown as identical with that of the Research Assistants Grade II even though the two posts were shown as separate classes
The Third Pay Commission Report however showed that the Computers not only belonged to a separate class of their own but received less pay than Research Assistants  Grade II
The petitioners assailed this view under article 32 of the Constitution as violative of Articles 14 and 16 of the Constitution on the ground that they had a Fundamental Right to be equated both in status as well as in Day to that of Research Assistants Grade II
Dismissing the petition the Court
HELD 1 Equation of posts and equation of pay are matters entirely within the sphere of the function of the Pay Commission
These are questions entirely unfit for determination upon a petition for a writ for the enforcement of Fundamental Rights
It requires firstly formula tion of correct criteria for each classification
and secondly
the application of these criteria to facts relat ing to the functions and the qualifications for each class
The Pay Commission had done this in the instant case elabo rately
B C 2 The Court under article 32
neither has wider powers nor can do it with greater facility than a High Court can not when exercising its writ issuing jurisdiction
This Court had already laid down that equation of posts is not a duty which the High Court was competent to carry out in proceedings under article 226
913 D Union of India vs GR Prabhavalkar  Co   referred 3 The question whether there is or there is not enough material on record in a particular case to establish the basis of a particular discrimination is one of fact for the determination of which no hard and fast rules can be laid down
A discrimination which involves the invocation of article 14 is not necessarily covered by article 16
In the instant case even the material relied upon by the petition ers shows the Computers and Research Assistants Grade II are classified separately and therefore the validity of that classification cannot be displaced by the kind of evidence relied on
Until that classification is shown to be unjus tified no question of violating Article 16 can arise
913 G H 914 A Purshottam Lal and Ors
vs Union of India  Anr
held inapplicable