Govt. Of India & Ors vs B.Anil Kumar & Ors

2. The relevant facts very briefly are that the respondents herein were working in the post of Investigators in the National Sample Survey Organisation, Government of India, Ministry of Planning and Implementation, 2 Department of Statistics at Hyderabad, in the pay-scale of Rs.425-700 prior to 01.01.1986. The next higher post is the post of Assistant Superintendent. In the year 1978, there was a demand by the Assistant Superintendents working in the operation units under the Director, National Sample Survey Organisation, that the existing pay-scale of Rs.470-750 of the post of Assistant Superintendents be raised to Rs.550-900 with effect from 01.01.1978. The demand was referred to the Board of Arbitration for adjudication on 12.02.1985. When the reference was pending before the Board of Arbitration, the Central Fourth Pay Commission made recommendations that the pay-scale of Assistant Superintendents be revised to Rs.1600-2660 with effect from 01.01.1986. Thereafter, on 05.01.1989 the Board of Arbitration made the Award with effect from 01.05.1982 to the effect that the Assistant Superintendents be given pay at the existing scale of Rs.470-750 plus a special pay of Rs.75/- per month and this special pay be counted as pay for all purposes as per the rules. On 04.07.1989, the 3 Ministry of Finance, Department of Expenditure, issued an order that the Ministry has agreed to the proposal of the Department of Statistics to implement the Award of the Board of Arbitration and allow special pay of Rs.75/- with effect from 01.05.1982 to the Assistant Superintendents in the Operation Units of the National Sample Survey Organisation, but the special pay will continue upto 31.12.1985 and will not be available in the higher revised scale of Rs.1600-2660 with effect from 01.01.1986. The respondents who were promoted to the post of Assistant Superintendents after 01.01.1986 were not given the benefit of the special pay and were only given the pay in the revised scale of Rs.1600-2660 as recommended by the Fourth Pay Commission.

3. Aggrieved, the respondents moved the Central Administrative Tribunal, Hyderabad Bench, (for short `the Tribunal') in O.A. No. 827 of 2002 and by order dated 22.01.2003 the Tribunal allowed the O.A. declaring that the respondents are entitled to the re-fixation of their pay by merging the special pay of Rs.75/- with their basic 4 pay in the then existing pay-scale of Rs.470-750 on the basis of the recommendations of the Fourth Pay Commission with effect from 01.01.1986 and for subsequent corresponding revised pay scales on the basis of the recommendations of the Fifth Pay Commission and directed the appellants to take steps to get the pay of the respondents re-fixed accordingly and further directed that the respondents shall be paid all the arrears of salary as a result of re-fixation of their pay.

9. Mr. Narasimha finally submitted that the respondents were not parties to O.A. No.695 of 1990 or O.A. No.1232 of 1997 in which directions for reconsideration were given by the Tribunal and that they had separately moved the Central Administrative Tribunal, Hyderabad Bench, and the Tribunal, after considering all the facts and circumstances of the case, have directed the appellants to give the benefit of special pay of Rs.75/- while re-fixing the revised pay-scale of the respondents on the basis of the recommendations of the Fourth Pay Commission and the directions given by the Tribunal in O.A. No.695 of 1990 and O.A. No.1232 of 1997 to approach the authorities for reconsideration were not binding on them.

It is thus clear from a perusal of the reference and the award of the Board of Arbitration that the special pay of Rs.75/- per month was for the post of Assistant Superintendent in the existing scale of pay of Rs.470-750 is irrespective of who held the post. Therefore, the respondents, who have been promoted to the post of Assistant Superintendent after 01.01.1986, would be entitled to the benefit of special pay of Rs.75/- per month in the fixation of its initial pay.

15. In our considered opinion, the 1986 Rules and F.Rs. 22 and 25 have to be read consistent with the equality clauses in Articles 14 and 16 of the Constitution and so read, all Assistant Superintendents who are performing the same nature of duties and responsibilities would be entitled to the 17 special pay and to deny such benefit of special pay to the respondents, who have been promoted to the post of Assistant Superintendents after 01.01.1986, would violate of Articles 14 and 16 of the Constitution. In support of this view, we may now cite the authorities.

18. Once the Court holds that under the 1986 Rules read with the Fundamental Rules and Articles 14 and 16 of the Constitution, the respondents were entitled to the benefit of special pay along with the revised scale of pay of Rs.1600- 2660 as recommended by the Fourth Pay Commission, the Court can itself grant the relief and need not direct the 19 respondents to move the Government for reconsideration for fixation of their pay-scales.

19. For the aforesaid reasons, we sustain the impugned judgment of the High Court and dismiss this appeal with no order as to costs.