This order addressed multiple writ petitions challenging the fixation of the pay scale for Wireless Operators at Rs.3050-4590. The Court held that determining pay structures is an executive function and dismissed the petitions.
All writ petitions dismissed; petitioners allowed to raise issue in pay scale revision.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 1222 of 2015
---- Petitioner
Versus
---- Respondent
And
WPS No. 2574 Of 2013
---- Petitioner
Vs
---- Respondent
And
WPS No. 2575 Of 2013
---- Petitioner
Vs
---- Respondent
And
WPS No. 1286 Of 2015
Kevramunda, Jagdalpur, P.S.; Post Jagdalpur,district Bastar (Chhattisgarh)
---- Petitioner
Vs
---- Respondent
And
WPS No. 1289 Of 2015
---- Petitioner
Vs
---- Respondent
For Petitioners Shri V.K. Pandey, Advocate For Respondent/State Shri Y.S. Thakur, Dy. Adv. General
Hon'ble Shri Justice Prashant Kumar Mishra
Order On Board
09/07/2015
Heard learned counsel for the parties.
State Government's circular dated 5-3-2008, their services have been regularized. At the time of regularization of their services the State Government fixed them in the pay scale of Rs.3050-4590 and subsequently, by order dated 29-7-2008 the pay scale was approved with the concurrence of the Finance Department.
1 (2015) 3 SCC 653
“26. The classification of posts and determination of pay structure comes within the exclusive domain of the executive and the Tribunal cannot sit in appeal over the wisdom of the executive in prescribing certain pay structure and grade in a particular service. There may be more grades than one in a particular service.”
Judge
Prashant Kumar Mishra
Gowri
3 issues framed by the court
Whether the determination of the pay scale for a supernumerary post of Wireless Operator falls within the judicial domain or the exclusive domain of the executive?
Whether the petitioners are entitled to the pay scale of Rs.5000-8000 as opposed to the fixed pay scale of Rs.3050-4590?
Whether promotion of constitutional values requires the Court to interfere with the executive's fixation of a pay scale for a dying cadre post?
Colour shows how this judgement treated each authority
Union of India v. T.V.L.N. Mallikarjuna RaoExplained¶100
Union of India through Secretary, Department of Personnel, Public Grievances and Pensions and Another v. T.V.L.N. Mallikarjuna Rao
Dinesh Prasad Dubey and Others
State of Chhattisgarh
Prashant Kumar Mishra
Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
