VidhiSangh

Supreme Court of India · 22/02/2023

UNION OF INDIA versus INDIAN NAVY CIVILIAN DESIGN OFFICERS ASSOCIATION AND ANR.

[2023] 2 S.C.R. 529 · 2023 INSC 152

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Junior Design Officers in the Indian Navy, placed by the Fifth Central Pay Commission in the scale of Rs. 7450-11500 while Civilian Technical Officers (Design) received Rs. 7500-12000, claimed parity; the Central Administrative Tribunal directed the higher scale and the Delhi High Court affirmed. The Supreme Court allowed the Union's appeal: equation of posts and determination of pay scales is the primary function of the executive guided by expert bodies, courts interfere only where cogent material shows a grave error, and equal pay must be for equal work of equal value; the two posts are governed by different recruitment rules with different qualifications, probation, duties and promotional avenues, no error in the Commission's fixation was shown, and a departmental file noting recommending parity is only an officer's opinion and not a decision of the Government.

Issues

  1. Whether the Tribunal and the High Court were justified in equating the posts of Junior Design Officers with Civilian Technical Officers (Design) and directing the same pay scale, contrary to the recommendations of the Fifth Central Pay Commission.

Provisions considered

Held

Result

Appeal allowed; Delhi High Court judgment dated 02.08.2010 in WP (C) No. 1006 of 2008 and the Central Administrative Tribunal order dated 08.06.2007 in OA No. 2228 of 2006 directing the pay scale of Rs. 7500-12000 for Junior Design Officers quashed and set aside.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 529.