Constitution of India, Article 32 — Pay fixation — Central Civil Services (Revised Pay) Rules, 1973 — Revision of scales of pay of Radio Operators Grade III (Naik) in the Signals branch of the Central Reserve Police Force — Before revision, Naiks and Radio Operators Grade III (Naik) enjoyed the identical scale Rs. 85-110, Radio Operators getting a special pay of Rs. 30; the Third Pay Commission recommended Rs. 225-308 for Naik but made no separate recommendation for Radio Operator Grade III (Naik); petitioners placed in Rs. 225-308 with special pay of Rs. 30, excess earlier paid sought to be recovered. Held, dismissing the petition: (i) on January 1, 1973 the minimum qualification for Naik was the Middle School examination (raised to Matriculation only from January 24, 1975), and as Naiks and Radio Operators Grade III (Naik) were uniformly treated at par on that qualification, the petitioners could not claim the scale of Rs. 260-430 attached to matriculation posts elsewhere; (ii) it is not for the Court to determine how far below the Grade II scale (Rs. 330-480) the Grade III scale should be — the Court's function is confined to pronouncing on the validity of the fixation and striking it down if contrary to law, a position distinct from appeals from Labour Court awards where the Court exercises the Labour Court's jurisdiction; (iii) Radio Operators Grade III (Naik) stand substantially on the same basis as Naiks, their special qualifications and specialised duties being compensated by special pay, and since the next higher post of Head Constable (Radio Operator) carries Rs. 260-350 with special pay of Rs. 40, there was no justification for giving the junior petitioners Rs. 260-430; (iv) parity with comparable civil-side employees was untenable because the petitioners enjoyed benefits unavailable to them (twenty days casual leave against twelve, sixty days earned leave against thirty-three, rent-free accommodation or house allowance at 10% of salary); (v) the initial revised pay was computed in error — the special pay having been wrongly included in computing the accretion contrary to the Government of India Memorandum No. F. 67/11/23/74-IC dated May 17, 1974 — so the refixation and reduction were valid. Petition dismissed with no order as to costs, without affecting the order dated December 19, 1979 directing restoration of the excess earlier paid and subsequently recovered.
