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
- 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
- Article 14 (doctrine of equal pay for equal work), Constitution of IndiaFollowing J.P. Chaurasia, West Bengal Registration Service Association, Charanjit Singh and T.V.L.N. Mallikarjuna Rao, the doctrine is enforceable but requires equal work of equal value; classification of posts and pay structure lies in the exclusive domain of the executive and expert bodies, and courts or tribunals cannot sit in appeal over that wisdom absent a grave error. (¶¶ 9, 10, 11, 12, 13, 14)
- Qualifications, probation and promotional hierarchy, Recruitment Rules for Junior Design Officers (SRO 367 of 08.12.1996 as amended by SRO 246 of 21.11.2002) and for Civilian Technical Officers (Design) (SRO 132 of 12.05.1982)The posts are governed by different sets of rules; the qualifications and probation period for CTOs are higher and longer, their duties more onerous, and the promotional avenues differ in duration and criteria, which justifies the differential fixed by the Pay Commission. (¶¶ 2, 6, 7, 15)
Held
- Not a single error, much less a grave one, was pointed out in the fixation of the two scales; a file noting by a Joint Director recommending parity is merely an expression of opinion and cannot be treated as a decision of the Government, and judicial review in matters with financial implications is very limited unless gross arbitrariness or unfairness is established. (¶¶ 15, 16, 17, 18)
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.