PRABHAT K1RAN MAlTHANl & ORS.

UNION OF 1NDIA & A.Nll.

February 3, 1977

[M. H. BEG, C.J. AND P. s. KAILASAM, J.]

Pay Scales and revised pay scales of computers shown as identical in the Second Pay Commission Report-Right to be equated as Research Assistants Grade ll both in status ahd in pay is entirely within the sphere of the function of the Pay Commission-Effect of the Report of the Third Pay Commission.

Constitution of India, 1950:......Article 32" caii be resorld to 01ily for the enforcement of Fundamental Rights~Equation of posts is not a duty which the court under Art. 32 or the High Court under Art. 226 was competent to carry out.

In the 1959 Second Pay Commission Report, the pay scales and the re• vised 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 D less pay than Research Assistants' Grade II. The petitioners assailed this view under Art. 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 pay to that of Research Assistants, Grade II.

Dismissing t)le petition tlie Court.

HELD : ( 1) Equation of posts and equation of pay are matters entirely within the spli:ere of the function of the Pav Commission.

These are questions E entirely unfit for determination upon a petition 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 aild the qualifications for each class.

The Pay Coriimission had done thi!l in the instant case elaborately. [912 F, 913 B-C]

(2) The Court. under Art. 32. neither has wider powers nor. can do it with greater facility than a High Court cannot, when exercising its writ issuing jurisdictiort. This Court had' already laid down that equation of posts is not a duiy .. Which the High Court was oompetent to carry out in proceedings under Art. 226. (913 DJ

U11io11 of India v. G. R. Ptabliavalkar & Co. [1973] (3) SCR 714, referred to. '

(:l) The question, whether thete 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 determina.tion of which no hard and fast rules can be laid down. A discrimination which involves the invocation of Art. 14 is not• G necessarily covered by Art. 16.

In the instant case, even the material relied upon by the tretitioners shows the Computers and Research Assistants Grade II are cla5siJ1ed separately; and, tlrerefore, the validity . of that classification cannot be displaced by the kind ef evidence relied on.

Until that classification is shown to be unjustified, no question of violating Artide 16 . can arise.

[913 G-H, 914 A]

Purshottam Lal and Ors. v. Union of India & Anr. [19731 (1) sec 651 B held inapplicable.

ORIGINAL JURISDICTION : Writ Petition No. 43 of J 976.

S. C. Agarwal for the Petitioners.

SUJ'REME COURT REPORTS

[1977] 2 §.8.R,

L. N. Sinha, Sol Genl. and B. Ddtta for Respondents.

The Judgment of the Court was delivered by

BEG, C.J.-The petitioners before us are employees of the Forest Research Institute and Colleges Dehra Dun in the post11 designated a11 Computers.

Their grievance is that they should be treated as Re- 11earch As11istants Grade II and given the same scale of pay and other conditions of service as are applicable to Research Assistan'ts Grade

II.

The respondents, Union of India and the Pr1!sident of the Forest Research Institute deny that the petitioners are entitled, to bi~ treated as Research Assistants Grade II.

The petitionen; rely upon certain alleged admissions on behalf of the opposite parties, on certain classifications of Computers in the past, prior to the recommenda1ions of the Third Pay Commission 1973 as well as on the last menti.oned report of the Central Pay Commission.

Furthermore, learned counsel has invited our attention to the case of Purshottam Lal and Ors. Vs.

Union of India and another [1973 (1) S.C.C. 651] whereupon a Writ Petition by Computers, they were shown a11 having bee11 !ven identical scales of pay with the Research Assistants Grade H.

Thig decision however, does not deal with any \:Ontrciversy as to the correct classification of computers in comparison with Research Assistants Grade II.

All we need say is that this ca'se: deals with the position under the Report of 1959 of the Second Pay Commission which has no bearing on the position which follows frorri the Repc-rt of the Third Pay Commission of 1973.

Moreover, it is evident that even at that time Research Assistants Grade II and Computen wei:e shown a8 separatl) classes even though their pay scales and the revised! pay 1cales were shown as identical.

Thus the claim of the petitiom:rs is that this Court should not only include the Computers amon.gst Research Assistants Grade II, which is not borne out even from th• 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 functions of the Pay Commission.

This Court cannot satisfactorily decide 'uch disputed queations on the salender material on which the learned counsel for the peti1ioner relies in order to displace what appears to us to be, prima fade, th•

ellcct of the Report of the Third Pay Commission of 1973.

This report shows that Computers not only belong to a separate clas:s ol 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, whic:h deals with "Scientific Services" (specifically mentioned therein) or Chapter XXI, concerned with Ministry of Agriculture, where the Forest Research Institute and College's are mentioned in paragraphs 58 onwards.

It seems to us to be erroneous to attempt to place Computers in Ch2, pter XV, which deals with specified "Scientific Services" where Computers are not mentioned, or in Chapter XXI, which also does not mention Com-

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P. K. MAITHANI V. UNION (Beg, C.J.) 913

puters at all.

Learned Counsel for the petitioners tried to take advantage of the fact that paragraphs dealing with thx 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 10 get in without showing what the criteria and fwictions of persons entitled to be treated as Research Assistants of Grade II are as compared with the Computers who, .prima f acie 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 petition 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 qualifications 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 v. G. R. Prabhavalkar & Ors. reported in 1973

(3) S.C.R. 714, 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 exercising its writ issuing jurisdiction.

The learned counsel for the petitioners has tried to take us at some length into the material on which he assails the yiew taken by E the opposite partie's.

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 material also to which our attention was attemp, ted to be drawn because, on the basis of the materials shown to us_, W() 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 Administrative or Service Tribunal if and when one is constituted. It is not necessary for us

to give him any permission to do that. We may however observe that the petitiop.ers are at liberty to pursue other remedies, in.eluding those which may be available to them if any such Tribunal is set up G 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 discrimination, which involves the invocation of Articie

14, is not necessary covered by Article 16. We do not propose to H discuss here the differences between Articles 14 ap.d 16, because we think that, eveµ 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,

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SUPREME COURT REP, ORTS [1977] 2 s.c.R. 914

we think, be displaced by the kind 9f evidnce .relied upon on behalf of the petitioners. And, until that classification is shown . to .... be unjustified, no question of violating Al; ticle 16 can arise .. We, the.refore, Ieave the petitioners to other means of redress if they still feet aggrieved.

The result is that we dismiss the Writ Petition,. but make no order as to costs.

s. R.

Petition dismissed.