3269 3290 of 1982 Under Article 32 of the Constitution of India
MS Ganesh for the Petitioners
VKanth CV Subba Rao Ms Halida Khatun NS Das Bahl and DN Misra for the Respondents
The Judgment of the Court was delivered by VENKATARAMIAH J
The first petitioner in these peti tions is the Telecommunication Research Centre Scientific Officers Class I Association
The petitioners 2 to 22 are its members
They are working 1009 as officers in the Telecommunication Research Centre of the Posts and Telegraph Department which is directly under the control of the PT Board of the Ministry of Communications Government of India
The Telecommunication Research Centre is engaged in the research and development work concerning the telecommunication equipment for the use of the Depart ment and in advising the PT Board on relevant technical matters relating to the introduction of new equipment and technology in the existing public communication net work
The recruitment to the different cadres in the Telecommuni cation Research Centre is now being made under the Scientif ic and Technical Officers Grade I Telecommunications Re search Centre of the Posts and Telegraphs Department Re cruitment Rules 1962 hereinafter referred to as the Recruitment Rules framed by the President under the provi so to Article 309 of the Constitution of India
During the period between 1956 and 1962 and further till 1965 all the Class I posts of the Scientific and Technical Officers Grade I namely Assistant Director and Deputy Director were manned by the Transferred Field Officers belonging to the Indian Telecommunication Service Group A and Group B
For the first time the Union Public Service Commission advertised for the recruitment of 10 Scientific and Technical Officers Grade I in the Telecommunications Research Centre under the Recruitment Rules
These were General Central Service Class I posts and they continue to be so till today
In response to the said advertisement petitioners 23 and 4 applied for recruitment and they were selected for appointment to the posts of STO Grade I
At the time of the filing of these writ petitions there were in all 21 officers who had been recruited at the entry level of Junior Class I posts of S  TOs Grade I They were recruited in four batches in 1965 1967 1970 and 1973
The Class I posts in the Telecommunication Research Centre consist of the following posts 1
Director Senior Adminstrative Grade Level I 2
Additional Director Senior Administrative Grade Level II 3
Deputy Directors Junior Administrative Grade 4
Assistant Directors Senior Class I 5
Scientific and Technical Officers Grade I Junior Class I
The Posts of Deputy Directors Assistant Directors and STOs Grade I are filled by the following methods 1010 a by direct recruitment through the Union Public Service Commission The petitioners belong to this category
They are now holding the posts of Assistant Directors or Deputy Directors since 1975
Direct recruitment to the Telecommuni cation Research Centre has been discontinued b by transfer of Group A Field Officers recruited through the Union Public Service Commission by written examination followed by an interview These officers belong to the Indian Telecommunication Service Group B and c by transfer of Group B Field Officers who are Posts and Telegraphs departmental promotees belonging to the Telegraph Engineering Service Group
The direct recruits to which category the petitioners belong and the Transferred Field Officers Group A working in the Telecommunication Research Centre discharge same func tions and duties
The qualifications for recruitment pre scribed in the case of both classes are the same
They are in the same pay scales from 11
1973 at the comparable levelsgrades ie Scientific and Technical Officers Grade I Assistant Directors and Deputy Directors as recommended by the Third Pay Commission and accepted by the Government
In these petitions the petitioners have raised two grounds namely the first relating to the denial of promo tional opportunities to them on account of the irregular implementation of the rules of promotion contained in the Recruitment Rules and the second relating to violation of Article 14 and Article 16 of the Constitution by not grant ing them the same special pay which is granted to the trans ferred officers who are working in the Telecommunication Research Centre in the same posts and discharging the same functions as the petitioners
Having regard to the inadequacy of the material produced by both the sides before us and to the fact that the offi cers who are likely to be affected by the decision are not impleaded as parties by name to these petitions we are of the view that the first question should be left open to be decided by the Central Administrative Tribunal
We accord ingly express no opinion on the said question
The second question relating to the grant of Special Pay requires 1011 to be decided by us
It is seen that the Indian Telecommuni cation Service Officers who are working in the Telecommuni cation Research Centre are being given Special Pay of Rs 300 Rs 200 and Rs 150 per month in addition to their pay scales in the grades of Deputy Director Assistant Director and Scientific and Technical Officers Grade I respectively with effect from 111973
The direct recruits to which category the petitioners belong are not given any Special Pay in these grades and they are given only the pay at the pay scales prescribed for them
It is stated that the total number of officers who are thus getting Special Pay is of the order of 275 while only about 25 officers who are direct recruits working in the Telecommunication Research Centre are not given Special Pay paid to the others holding the same posts
A number of representations had been made earli er by the direct recruits but all in vain
It appears that at the official meeting held in May 1979 with Shri JA Dave Secretary Communications Government of India there was consensus on the question of granting of Special Pay to the direct recruits as in the case of transferred officers as can be seen from the letter written by the Association on the petitioners Annexure XIX and that the Director Tele communication Research Centre also recommended for granting Special Pay accordingly
But nothing came out of all this
Hence the petitioners have filed these petitions demanding payment of Special Pay to them also
The discrimination between the direct recruits and the transferred officers regarding the payment of Special Pay is attempted to be justified by the Government in the Counter affidavit filed by Shri CL Sumon Assistant Director General P  T Directorate
It is stated that the petition ers direct recruits who are specifically recruited to the Telecommunication Research Centre for a limited purpose are not entitled to any Special Pay but the transferred officers from the Indian Telecommunications Service who are selected by the Union Public Service Commission after a rigorous competition examination need to be paid Special Pay
It is alleged that it is felt that most of the direct recruits TRC officers may be good in small areas in which they are working but their capability of taking over a complete group and directing them to fruitful research is doubtful 
This statement is a vague one and has the effect of adding insult to injury
This allegation appears to be a lame excuse for denying what is legitimately due to the direct recruits
It is not the case of the Government that the petitioners are not competent and are not able to discharge their duties
All the direct recruits are graduate engineers and have been working throughout in the Telecommunication Research Centre
They do the same job as the transferred officials
The Special Pay is not being paid to the 1012 transferred officials for compensating their displacement or for their qualifications
It is not deputation allowance
It is paid for the arduous and special nature of the functions to be discharged in the Telecommunication Research Centre
The rigorous test is applied while transferring them to the Telecommunication Research Centre to prevent persons of inferior caliber amongst them getting into the said centre
It does not mean that persons who are directly recruited and working in the centre are inferior to those who enter the centre by transfer
It is interesting to note that the Minister of State for Communications answered the question relating to non payment of Special Pay in the Lok Sabha on March 30 1982 thus Question No 5864 Wi11 the Minister of Communications be pleased to state c whether it is a fact that Special Pay is not given to a few graduate engineers recruited specifically for TRC when the qualifications functions duties and responsibilities of these officers in TRC are the same as those of the field officers transferred to TRC and what is the reason for not doing so Answer Minister of State for Communications           2
The officers specifically recruited for TRC through UPSC are performing functions for which they are recruited while on the other hand the officers drawn from the ITS cadre when posted in TRC are required to perform duties which are not in their general line
 It is seen from the above answer that the Government had virtually admitted that all relevant things such as qualifi cations functions duties and responsibilities are the same as between direct recruits and the transferred officials and that the transferred officials had to be paid extra amount by way of Special Pay in addition to their scale of pay which is the same as the scale of pay of direct recruits because the transferred officials had to perform in the Telecommunication Research Centre duties which are not in their general line
In another part of the same answer it was also admitted that many such transferred officials were in the Telecommunication Research Centre for more than six years
Still the Government did not show any eagerness 1013 to grant special pay to the direct recruits also
We feel that there is no justification to deny the Special Pay at the same rates to the direct recruits working in the Tele communication Research Centre
Denial of Special Pay in the above circumstances to the direct recruits amounts to viola tion of Articles 14 and 16 of the Constitution of India
Following the decision of this Court in Randhir Singh vs Union of India and Others  and the decision of this Court in MP Singh  Others vs Union of India Writ Petition Nos
1309713 176 of 1984 decided today we hold that the direct recruits to which category the peti tioners belong in the Telecommunication Research Centre are entitled to the Special Pay at the same rates at which it is paid to the transferred officers working in that centre with effect from the date from which the transferred officers have been drawing the Special Pay
We accordingly direct the Respondent No 1 Union of India to pay the special pay to the direct recruits with effect from the date on which the transferred officers commenced to draw the Special Pay upto date and to continue to pay it in future also as long as the transferred officers continue to get it
The arrears of the Special Pay upto date payable to the direct recruits shall be paid within four months from today
The above petitions are allowed to the above extent
The question relating to the denial of promotional opportunities to the petitioners according to the Recruitment Rules is left open to be agitated before the Central Administrative Tribunal
No costs
PSS Petitions allowed


Summary:
The recruitment to Class I posts in the Telecommunica tion Research Centre of the Posts and Telegraphs Department is made partly by direct recruitment through the Union Public Service Commission and partly through transfer of Group A and Group B Field Officers
The officers brought into the Centre on transfer were being paid special pay in addition to their pay
The direct recruits were denied this privilege
The petitioners 2 to 22 members of the first petition er Association who belong to the direct recruits category and are working in the Centre on the same posts and possess same qualifications discharge same functions and duties as the transferred officers and are in the same pay scales assailed the denial of special pay to them as discriminatory and violative of Articles 14 and 16 of the Constitution
Their claim was contested by the Department and the discrim ination was sought to be justified on the ground that the direct recruits were
specifically recruited to the Centre for a limited purpose and their capability as against transferred officers selected by the Union Public Service Commission after rigorous competitive examination of tak ing
over a complete group and directing them to fruitful research was doubtful
Allowing the writ petitions the Court HELD 1
Denial of special pay to Class I direct re cruits in the Telecommunication Research Centre amounts to violation of Articles 14 and 16 of the Constitution
They are entitled to the special pay at the same rates at which it is paid to the transferred officers working in that Centre with effect from the date from which the latter have been drawing it
1013B C 1008 21 It is not the case of the Government that the peti tioners are not competent and are not able to discharge their duties
All the relevant things such as qualifica tions functions duties and responsibilities are the same as between the direct recruits and the transferred offi cials
Their scale of pay is also the same
1011G H 22 The special pay is not being paid to the transferred officials for compensating their displacement or for their qualifications
It is not deputation allowance
It is paid for the arduous and special nature of the functions to be discharged in the Telecommunication Research Centre
The rigorous test is applied while transferring them to the Centre to prevent persons of inferior caliber amongst them getting into it
It does not mean that persons who are directly recruited and working in the Centre are inferior to those who enter the Centre by transfer
Nor it could be said that the transferred officials had to perform in the Centre duties which were not in their general line
There was thus no justification to deny the special pay at the same rates to the direct recruits working in that Centre
1011H 1012A B 1013A Randhir Singh vs Union of India and Others  and MP Singh  Others vs Union of India Writ Petition Nos
13097 13176 of 1984 decided on January 16 1987 applied
Union of India to pay special pay to the direct recruits with effect from the date on which the transferred officers commenced to draw it upto date and to continue to pay it in future also as long as the transferred officers continue to get it
1013C D