> S. L. AHMED & OTHERS v. UNION OF INDIA & OTHERS

The Judgment of the Court was delivered by . . . I , PAmAK, J, The Pet.itioners are-Radio operators Grade-(III) I (Naik) in the Signals branch of the Central Reserve Police Force. 11 . They complain that under the Central Civil Services (Revised Pay) Rules, 1973 ·they have been placed in the pay scale Rs. 225-30& · when the1 were el)titll'd !9 !lie pay ~!i~le R~. 260-430, •, ' .

S.L. AHMilD'v. UNION (Pathak, J,) 3 . .. When the writ petition cam~ on for hearing in the first A ) instance, a· Bench of this Court made an order on December 19, !979 providing ,an opportunity ·to the. petiiioners to put in a representation before the Government and _ requiring the Govirn- ment to dispose of the representation. The petitioners did rriake the representation and the Government considered it but the relief claimed' by the petitioners was denied. In accordance with B the further· directions contained in the .order dated .December .19, 1979 this writ petition has now come on for consideration on its merits.

The Central Reserve Police Force forms a part of the Ministry of.Home Affairs in the Government of India, and it !fas a c .... (./ Signals branch in which one-of the categories iS that of Radio 0

Operators Grade III (Naik). 'I'he petitioners say that Naik Radio ,Operators are appointed either by direct recruitment, in which case . the candidate is required to be a Matriculate or his equivalent, or by promotion from the rank of Constable, in which case the Constable ·should · have passed the Radio Operators D Grade III oourse. Originally, members of the Central Reserve Police Force of the rank of Naik enjoyed the pay scale Rs.85-110, and Naik Radio Operators were. given a· special pay of Rs. 30 in view of . their special qualifications and the specialised nature of their duties. ~y its order dated. April 23, 1970 the Central Government. appointed the Third Pay Commission to make recom- E mendations in regard to the structure of the emoluments and the conditions of service of different classes . of Central Government , · employees.. The Commission submitted its final report to the Ceptral Government on March, 31, 1973. Paragraph 30 of Chapter 29 of Part I of. Vqlum~ 2 contains the recommendations in respect of Radio. Mechanics in the Central R~serve. Police F Force. It states :-. ' ' "30. Post of Radio Mechanic, G~ade I in the CRP and Sub-inspector (Radio Mechanic) in the ~SF are on the ./ /

G scale 'of Rs. !50·10-290-15-380, but the Diploma holders are given the scale of Rs. 180-10-290-15-380. We recommend for these posts the scale of Rs. 380-560· but the Diploma holders working on these posts should be remune rated on the scale of Rs. 425-700. Below this level, posts of H Radio Mechanic, G.rade U ~nd . . - the . . Radio . . Operators . are 011

4 SUPREME COURT REPORTS (1983) 1 s.c.R.

A the scale of Rs.150-10-210 or on the scale of Rs. 125-3-131- 4-155 wi.th a special pay of Rs. 35 per month and we recommend that these posts should be given the scale of Rs. 330-480. For the posts of Radio Fitter on the scale of Rs. 125-3-131-4-155 we recommend the scale of Rs. 320-400," B

Admittedly, no reference has been made therein to Radio Operators Grade 111.(Naik). Following the recommendations of the Third Pay Commission the Central Government framed the Central

c Civil Services (Revised Pay) Rules, 1973 which came into force on January I, 1973. The petitioners exercised their option in favour of ' .. the revised pay scales. They were paid a salary of Rs. 250 with a special pay of Rs; 30 from January, 1975 for a few months, together with arrears on that basis for the years 1973 and 1974. The petitio- ners accepted the revised pay and special pay although, they say, it fell short of the ·pay to which they were entitled. Subsequently, in D April 1975, the petitioners were placed in the revised pay scale Rs. 225-308 given to Naiks and the excess amount paid earlier to them was sought to be recovered by deducting from future payments of their salary.

E Aggrieved by the refixation of their pay and the deduction of • the excess already paid, they · have filed the present writ petition.

So far as .the deduction is concerned, this Court has already directed by its order dated December 19, 1979 that the Government should restore to the petitioners the excess amount already recover- ed from them. Nevertheless, it will be necessary to examine the validity of the refixation of the salary _now paid to the petitioners inasmuch as that question is relevant for the period commencing from the date from which salary has been actually paid--on the refixed basis.

The question whether the petitioners have been properly placed in ihe pay scale Rs. 225-308 must be examined, therefore, from two aspects;

1; Th~ir ~ll!ill! tq !IJ~ pay scale Rs, 260-430 and

. ti.. Airnilb v. UNION (Fathak, i.)

2. Alternatively, their claim to the pay of Rs. 250/- and the A > special pay of Rs. 30 paid to them before the refixation of their salary.

On the first point, a few facts may be briefly stated.· On the basis of the recommendations of the Third Pay Commission the pay B scales of all Central Government employees, including personnel in the para-military. forces, were revised with effect from January 1, l 1973. Under the original pay scales, Naik Radio Operators were placed on the scale Rs.85-110 with a special pay of Rs. 30 in view of their special qualifications and the specialised nature of their duties. They were entitled to allowances calculated on the aggregate of their c basic pay· al)d special pay. The Commission prescribed a scale of Rs. 225-308 for the post of Naik, but did not make any separate recommendation in respect of the post of Radio Operator Grade IH (Naik). Inasmuch. as before the revision of the pay scales the scale of a Naik and Radio Operator Grade III (Naik) was the same, that D is to say, Rs. 85-110, the revised pay scale for the post of Radio Operator Grade Ill (Naik) was raised to the same level .as that . prescribed for the post of Naik, that is to say, Rs. 225-308, and in view of their special qualifications and the specialised nature of their duties Radio Operators Grade III (Naik) were given a· special pay of km~. · E

The petitioners urge that posts in · other departments of _the Central Government, for which the minimum qualification was the Matriculation examination and an additional requirement of training, carried the pay scale of Rs. 260-430 and since that requirement was also the basis of appointments to the post of Radio Operators F Grade III (Naik) they sho.uld also be held entitled to that pay scale.. Now the revised. pay has been given with effect from January I. 1973 and on that .date the qualification in the case of a Naik was tlie Middle School examination, and it was only with effect from January 24, 1975 that the qualification was raised to the Matriculation G examination. As Naiks and Radio Operators Grade III (Naik) bad been uniformly treated at par in the matter of that basic qualification it is not open to the petitioners to base their claim with reference to a qualification which did not exist on January l, 1973. H In support of their claim to the pay scale Rs. 260-430, the petitioners have drawn our attention to the circumstance that the ·

' SUPREME COURT REPORTS [1983] i s.c.il.. A. immediately next senior category, Radio Operators Grade II, carries the revised scale Rs. 330-480 and, it is contended, the revised pay scale in the case of Radio Operators Grade III should not be far below. It is not for this Court, we think, to examine how far below should be the revised pay . scale of the Radio Operators Grade III. If the Government has prescribed a particular pay scale in 8 respect of them, all that the court .can do is to merely pronounce on the validity of that fixation. In the ·event thlt the court finds that the prescription is contrary to law it will strike" it down and direct the Government to take a fresh decision i~ the matter. It is a very different case from one where this Court has sought to prescr.ibe pay scales in appeals directly preferred from an award of the Labour . c Court dealing with such a matter. In the latter case, thi~ Court in its appellate· jurisdiction can be regarded as enjoying all the jurisdic- tion wQ.ich the Labour Court enjoys.. That is opt so in the present case.

D We are satisfied that Radio Operators Grade III (Naik) have to be considered substantially on the same basis as Naiks in the Central Reserve Police Force, ·and it is because of their special · qualifications and of the specialised nature of their duties that they have been' provided a special pay in additi~n, It may be mentioned· that ever since 1975 Radio Operators Grade III (Naik) are selected' E only from the rank of Constables on· the General Duty Side The revised pay scale of Radio Operators of the rank of Head Constable as well as Head Constables on General Duty is Rs. 260-350, with a special pay of Rs. 40 to Head Constables (Radio Operators). This post is the immediately next higher post above the rank of ·Naik, and it is:apparent that there would be no justification of givin~ to the petitioners, who are junior in rank, the pay scale Rs. 260-430.

The petitioners have also contended that they should be paid at par with comparable Government employees on· the civil side. · This claim is refuted ,by the respondents who point out that the . petitioners arc entided to certain benefits not available to the G others. Learned counsel for the respondents bas listed before us a number of such benefits. It is pointed out that the petitioners are entitled to casual leave for a peiiod of twenty days as against casual leave for a period of twelve days for Government employees • on the civil side, earned leave for a period of sixty days as against H . earned leave' for a period of thirty three days for Government ' employees on the civil side, and rent free accommodation or house.

s.L. AHMED v. UNION (Pathak, J.)

allowance at 10% of the salary in contrast to Government emp- A > loyees on the civil side who are liable to l'ay 10% of the salary if accommodation is provided.

We are not sa.tisfied that the petitioners are entitled to the pay scale Rs. 260-430. ·· B ' The second point requires us to consider the validity of the re- fixation of the pay of the petitioners when they ,were receiving Rs. 250 with a special pay of Rs. 30. .According to .the recommendations of the Third Pay Commission, the existing pay scale of a Government servant drawing basic pay upto Rs. !Sbo 'per" m·onth was to be augmented by an amount representing five .per cent of the basic pay c subject to a.minimum of Rs. 15 and a maximum of Rs. 50. The Government of India Memorandum -No. F. · 67/11/23/74-IC dated May 17, 1974 directed that special pay was not fo be included'-in the existing emoluments for the purpose of determining the accretion where in addition· to the revised pay the Government servant was to be given a special pay also. The revised pay actually paid to the 0 petitioners initially was computed in error inasmuch as when fixing the pay in the revised . scale .the special pay, was taken into account· for the purpose of computing the accretion. It, therefore, liecame necessary to recompute the amount payable,to the peiitioners_ and to reduce it to the level now paid to. them .. It has not been shown to us that the basis adopted for. refixation of the .pay is. ·invalid. .

In the result, this petition fails and is dismissed, but in the circumstances there is no order as to costs. This will not affeci the orderdated December 19, 1979 directing the Government to restore. to the petitioners the excess :paid to them. ·earlier and subsequ'ently recovered from them.

H.L.C. Petition .dismissed.