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UNION OF INDIA AND ORS. A
V.
HIRANMOY SEN AND ORS.
OCTOBER 12, 2007
B
[A.K. MATHUR AND MARKANDEY KATJU, JJ.]
Service Law:
Pay Scale-Claim of parity-By Senior Auditors in office of c
Accountant General with Assistants in Central Secretariat-Grant ot
by courts below-Held: Not Justified since there is no complete identity
between the two groups-Moresover, the Government and the
Authorities fix the pay scales-Judiciary must exercise selfrestraint
and not encroach into executive or legislative domain-Judicial
D
restraint.
). Respondents-Senior Auditors in the office of the Accountant
General, Assam and Meghalaya claimed parity in pay scale with
). Assistants in the Central Secretariat. Both the tribunal and the High
Court decreed the claim in favour of the respondents. Hence the E
present appeals.
Allowing the appeals, the Court
HELD: 1.1. It cannot be said that there is a complete and
wholesale identity between Senior Auditors in the office of the F
Accountant General, Assam and Meghalaya, and Assistants in the
-, Central Secretariat. Furthermore, it is entirely on the Government
r and the Authorities to fix pay scales. The judiciary must exercise
selfrestraint and not encroach into executive or legislative domain.
[Paras 4 and 5] [85-B, D] G
S. C. Chandra and Ors. v State ofJharkhand & Ors., JT (2007)
I
10 SC 272, relied on.
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CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7232 of
83 H
\
84 SUPREME COURT REPORTS [2007] 11 S.C.R.
t
A 2003.
From the Judgment and Order dated 16.9.2002 of the High Court
of Gauhati at Gauhati in W.P. No. 7598 of2001.
WITH
B
C.A. No. 7234/2003 & 4858/2007
Vikas Singh, A.S.G., T.S. Doabia, P.S. Patwalia, Manpreet Doabia,
'r
Sunita Sharma, Amreeta Swamp, Ashok Bhan, Alka Sharma, R.C.
Kathia, D.S. Mahra, Anil Katiyar, V.K. Verma, J.S. Attri, Sunil Roy, ..,.
c Amanpreet Singh Rahi, Devesh Kumar Tripathi, R. Anand Padmanabhan,
Pramod Dayal, Anil Nauriya, Sumita Hazarika, E.J. Varghese, V.K.
Sidharthan, Ajay Sharma for the appearing parties and Smita Vanna for
Intervenor.
The Judgment of the Court was delivered by
D
MARKANDEY KATJU, .J.
CIVIL APPEAL NO. 7232 OF 2003 -(
I. This appeal has been filed against the impugned judgment of the _I.,
E Gauhati High Court dated 16.9.2002 in W.P. No.7598 of2001.
2. Heard learned counsel for the parties and perused the record.
3. In brief the claim of the respondents herein who were Senior
Auditors in the office of the Accountant General, Assan1 and Meghalaya,
F was to be given parity in pay scale with Assistants in the Central
Secreta1iat. This claim was decreed by the Central Administrative T1ibunal
vide its order dated 19.1.2001 and the order of the Tribunal was upheld ,~
by the Gauhati High Court. Hence this appeal. -'(
4. This Court in S.C. Chandra and Ors. v. State of Jharkhand
G
and Ors., JT (2007) 10 4 SC 272 has held that the Court cannot fix pay
scales as that is the purely executive function. In the aforesaid decision
one of us <Markandey Katju, J.) has discussed in detail the principle of
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equal pay for equal work and has observed that the said principle has
been considerably watered do-wn in recent decisions of this Cornt, and it
H
U.0.1. v. HIRANMOYSEN[MARKANDEY KATJU,J.] 85
is not applied unless there is a complete and wholesale identity between A
the two groups, and even there the matter should be sent for examination
by an Expert Committee appointed by the Government instead of the
Court itself granting the higher pay scale. TI1e entire case law on the subject
has been discussed in the said decision. Following the aforesaid decision
in S. C. Chandra 's case (Supra) this appeal has to be allowed. It cannot B
be said that there is a complete and wholesale identity between the Senior
Auditors in the office of Accountant General, Assam and Meghalaya and
Assistants in the Central Secretariat.
"'(
S. Learned counsel for the respondents submitted that the auditors
and assistants have been historically treated at par in the matter of pay c
scales. Although this fact has been denied by the appellant, we are of the
opinion that even if it is correct, that will not be of any help to the
respondents. To give an illustration, if post A and post B have been
carrying the same pay scales, merely because the pay scale of post A
has been increased that by itself cannot result in increase in the pay scale D
of Post B to the same level. It is entirely on the Government and the
). uuthornies to fix the pay scales and to decide whether the pay scale of
· post B sho~1ld be .increased or not. The judiciary must exercise self restraint
1
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and not enc1:oach into the executive or legislative domain.
E
6. In view of the above, and following decision of this Court in SC
Chandra's case, the impugned judgment of the Gauhati High Comi dated
16.9.2002 and of the Tribunal dated 19.1.2001 are set aside. The appeal
is allowed. No order as to costs.
CTft1L APPEAL NO ........ .12007 [arising out of SLP(C) No. F
622912006} & CIVIL APPEAL NO. 723412003
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"' 7. Leave granted in S.L.P(C) No. 6229/2006.
8. In view of the decision in Civil Appeal No. 7232of2003, these
appeals are allowed. No order as to costs. G
N.J. Appeals allowed.