Allowed

A. Sivaiah v. The Union of India, Rep. by its Secretary

Telangana HC23 Mar 2010WP/4769/2003

Case brief

AI extract

What is this about?

In a writ petition, the Apex Court addressed the Central Silk Board's act of granting pay revisions to Technical Assistants only from the date of the order (15.11.2001) rather than the Pay Commission's effective date (01.01.1996). The court held that such retrospective disparity was arbitrary and illegal.

What did the court decide?

Impugned proceedings granting benefits with effect from 15.11.2001 set aside; respondents directed to grant revised pay scales and arrears effective 01.01.1996 within two months.

A. Sivaiah Vs The Union of India, Rep. by… — Pension and Retirement Benefits | Telangana HC (2010)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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TUESDAY, THE TWENTY THREE DAY OF MARCH TWO THOUSAND AND TEN

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PRESENT

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THE HON’BLE SRI JUSTICE G.CHANDRAIAH

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W.P.No.4769 of 2003

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Between:

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A.Sivaiah and others

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… Petitioners

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And

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The Union of India and others

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… Respondents

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THE HONOURABLE SRI JUSTICE G. CHANDRAIAH

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W.P. No.4769 of 2003

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ORDER:

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This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the Memo.No.CSB-80(1)/2001-ES.I, dated 15.11.2001 of the 2^nd respondent, Central Silk Board, so far as it grants the benefits of the Revised Scale of Pay i.e. Rs.5000-150-3000 with effect from 15.11.2001 instead of granting the same with effect from 01.01.1996, as arbitrary, illegal, unjust and being violative of the rights guaranteed to the petitioners under Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to grant the benefit of the Revised Pay Scale of Rs.5000150-3000 to the petitioners with effect from 01.01.1996 on par with the other employees and release all consequential benefits including arrears of pay, increments etc.,

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The case of the petitioners, in brief, is that they are working under the control of the 2^nd respondent as Technical Assistants and were placed in the time scale of Rs.1400-40-1800-EB-50-2300. As per the recommendations of the V Pay Commission, by order dated 21.10.1997, the pay scale attached to the post of Technical Assistant of Rs.1400-2300 was revised with effect from 01.01.1996 to that of Rs.4500-125-7000.

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It is submitted that the employees of the 2^nd respondent are

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governed by the Service Regulations of the Central Government Employees and the 2^nd respondent is also adopting and implementing the recommendations of the Central Pay Commission with regard to pay scales of the Central Silk Board Employees. Following the recommendations of the V Central Pay Commission, the 2^nd respondent has adopted the same in its proceedings dated 21.10.1997. The Government of India has approved the application of the Pay Scales as recommended by the V Pay Commission to the employees of the 2^nd respondent with effect from 01.01.1996 in the light of the provisions contained in the Ministry of Finance Notification dated 30.09.1997.

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It is significant to note that for the post which carried the pay scale of Rs.1400 to 2300 in the Ministry of Textiles, the same was revised to Rs.5000-150-8000 whereas, the pay scales of Technical Assistants employed with the 2^nd respondent were revised from Rs.1400-2300 to Rs.4500-125-7000. It is submitted that this anomaly was brought to the notice of the 2^nd respondent by the petitioners on 12.03.1998 and 26.08.1999 by the Technical Assistants including the petitioners. Following the various representations from the employee of the 2^nd respondent,

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the 3^rd respondent by order dated 29.01.2002 had finally accorded the revision of pay scale attached to the post of Technical Assistant and the pay scale has been revised from

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Rs.4500-125-7000 to Rs.5000-150-8000. After the revision by order dated 29.01.2002, the pay scales attached to the post of Technical Assistant have been brought on par with those,

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for whom the similar revision of scale of pay as that have been recommended by the V Central Pay Commission.

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Further, it is submitted that following the V Pay Commission’s recommendations, the Senior Research Assistants employed with the

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2^nd respondent, who were drawing their pay in the pre-revised scales of Rs.1640-60-2600-75-2900, got revised their pay scale to Rs.5500175-9000 with effect from 01.01.1996. Following the policy of rationalization of pay scales,

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the 2^nd respondent by order dated 30.06.1999, further revised the pay scales applicable to the Senior Research Assistants in keeping with the revision of pay scale of similar category from Rs.5500-175-9000 to Rs.8000-13500 with effect from 01.01.l1996 and paid arrears of pay and extended other benefits such as increments in those scales from 01.01.1996. The respondents ought to have followed the same with regard to the pay scales attached to the post of Technical Assistant and should have also revised their pay scales with effect from 01.01.1996.

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Further, the post of Junior Translator (Hindi) in the Central Silk Board also carried the pre-revised pay scale of Rs.1400-2300 and the same has been revised to Rs.5000-8000 with effect from 01.01.1996.

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However, by the impugned order dated 15.11.2001,

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the 3^rd respondent has chosen to revise the scale of pay with effect from 15.11.2001, instead of 01.01.1996 as it has been done in the case of other employees employed with the respondents. Aggrieved by this, the petitioners have represented it to the respondents on 28.02.2002 and 10.10.2002 but to no avail. Hence, the present writ petition.

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On behalf of the respondents, counter has been filed,

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inter alia, stating that the Central Silk Board being a statutory body under the Ministry of Textiles, have adopted revised scales for all its regular employees as per the recommendations of V Central Pay Commission as approved by the Government of India for its employees with effect from 01.01.1996 and there is no scope to adopt any other scale comparing with other Central Government

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establishments/Ministries. The revised pay for all the posts in the prerevised scale Rs.1400-2300, which includes the post of Technical Assistants held by petitioners, is Rs.4500-7000. This is given in Sl.No.8 where two pay scales 1350-2200, 1400-2300 are bunched and revised to Rs.4500-7000. Hence, the contentions of the petitioners that for posts which carried the pay scale of Rs.1400-2300 (pre-revised) in the Ministry of Textiles, the same was revised to Rs.5000-8000 whereas the pay scales of Technical Assistants under Central Silk board were revised from Rs.1400-2300 to only Rs.4500-7000 is false.

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It is also submitted that it is true that the pre-revised scale of pay of Rs.1640-2900 applicable to the cadre of Senior Research Assistant was revised to Rs.5500-9000 as per the recommendations of the V Central Pay Commission. Accordingly, the pay scale of the post of Senior Research Assistant was revised from Rs.1640-2900 to Rs.5500-9000 with effect from 01.01.1996. The long pending demand of the scientific staff of Central Silk Board comprising of Senior Research Assistant, Senior Research Officers, Deputy Directors and Directors for rationalization of their pay scales was considered by the Ministry of Textiles during 1999 and extended the revised pay package to Senior Research Assistant, Joint Directors and Directors with effect from 01.01.1996 besides extending facility of automatic transition from SRA cadre

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(from 5500-175-9000) with 10 years service to Senior Research Officer cadre (to 8000-275-13500). This package was made applicable only to scientific personnel working under Central Silk Board, which cannot be extended to other disciplines which include technical and field personnel to which petitioners belong.

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Further, it is also submitted that the Central Silk Board has conducted a detailed review of non-scientific cadres which include the technical cadre to which the petitioners belong and based on the

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recommendations of the Cadre Review Committee and which the approval of the Board implemented certain recommendations like provision of additional posts in order to relieve acute stagnation, conversion of posts, rationalization of pay scales in respect of certain cadres etc. The post of Technical Assistant is one such post the scale of which was revised from Rs.4500-7000 to Rs.5000-8000 with effect from 15.11.2001 based on the recommendations of the Cadre Review Committee. Since, this is purely departmental action and not a general revision of pay scales like implementing the recommendations of the V Central Pay Commission, the effect of such pay scale revision can only take a prospective effect and cannot be done with effect from 01.01.1996 as has been claimed.

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Further, the Government of India vide their OM dated 08.11.2000 conveyed approval for revision of pay scales in respect of Junior Translators (Hindi) from Rs.4500-7000 to Rs.5000-8000 with effect from 01.01.1996 working in all Central Government establishments/Ministries. Accordingly, Central Silk Board has also revised the pay scales of all junior translators with effect from 01.01.1996. Since this has been done with specific approval of the Government, the same cannot be extended to other disciplines. The Government as a part of V Pay Commission recommendation approved for revision of pay scales of Library Staff and Central Silk board has effected the revision of pay scales of eligible Library staff accordingly with effect from 01.01.1996.

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Eventually, the reason for revising the pay scales of the post of Technical Assistant from Rs.4500-7000 to Rs.5000-8000 with effect from 15-11-2001 were explained above. Similar revisions of pay scales have been done for other cadres like Senior Machanic Assistant (Tech) etc., revising the pay scale of Rs.4500-7000 to Rs.5000-8000 with effect from 15.11.2001. The pay scales of all these cadres including those of petitioners have

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been revised to Rs.5000-8000 with effect from 15.11.2001. This is done departmentally to help some of the cadres to get their pay scales, which has nothing to do with the central pay commission’s recommendations. For the above, it is prayed to dismiss the writ petition.

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Heard the learned counsel and perused the material on record.

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The learned counsel appearing for the petitioners submitted that they are working under the control of the 2^nd respondent, Central Silk Board. The scale that has been recommended by the Pay Commission constituted by the Government of India were revising pay scales are applicable to its employees on par with the Central Government employees. Once either the department or the Board, which adopts the recommendations of the pay commission cannot discriminate the same for application of pay scales from different dates. He also submits that once the pay scales have been revised, based on the recommendations of the pay commission, even the proceedings have been issued at a later stage revising pay scales, retrospective effect i.e., from date on which the pay scales come into effect can be given. In the instant case the pay scales came into effect by virtue of the V Pay Commission 01.01.1996 and whereas the respondents have issued impugned proceedings stating that the rationalization of the pay scale comes into effect from 15.11.2001 instead of 01.01.1996, which is illegal and arbitrary.

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From a perusal of the material on record, it reveals that revision of pay scale implemented to the various categories of the respondent’s employees i.e. Librarians, Junior Translator (Hindi) and Scientists from 01.01.1996 and the same benefit has not been given to the petitioners. The respondents in its counter stated that the Board has conducted a detailed review and based on the recommendations of the Cadre Review Committee and with the approval of the Board

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implemented certain recommendations along with implementation of revised scales from Rs.4500-7000 to Rs.5000-8000 with effect from 15.11.2001, which is purely departmental action, is not sustainable. The department or the Board cannot discriminate in extending the pay scales from a particular date, the day on which the proceedings have been issued. Invariably pay scales come into effect from the date of pay revision and it is nothing to do with the department or their action. In the instant case, as could be seen that in respect of various categories referred to above it is clear that the anomaly that took place was rectified and consequently the benefits have been provided with effect from 01.01.1996 and the case of the petitioners was also rectified by giving revising pay scales as claimed by the petitioners but restricted with effect from 15.11.2001, the date on which the proceedings have been issued instead of rectifying the same by giving the benefit from 01.01.1996. Therefore, I am of the view that the impugned proceedings to the extent of extending benefit to the petitioners with effect from 15.11.2001 is illegal and arbitrary.

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Having regard to the facts and circumstances of the case and the submissions made by the learned counsel, the impugned proceedings to the extent of giving effect of the benefits under the impugned order with effect from 15.11.2001 is set aside and the respondents are directed to consider the case of the petitioners for giving effect to the revised pay scales, including the arrears of pay, which the petitioners are entitled to, with effect from 01.01.1996 and pass appropriate orders, within a period of two months from the date of receipt of a copy of this order.

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Accordingly, the writ petition is disposed of. There shall be no order as to costs.

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___________________________ JUSTICE G. CHANDRAIAH

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Date: 23-03-2010

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LSK

A. Sivaiah v. The Union of India, Rep. by its Secretary

Case brief

What is this about?

What did the court decide?

A. Sivaiah v. The Union of India, Rep. by its Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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