Chief Administrator-Cum-Jt.Secretary
to The Govt. of India Vs. Dipak Chand A Das [1998] INSC 478 (16 September 1998)
S.Saghir
Ahmad, S.Rajendra Babu Rajendra Babu. J.
ACT:
HEAD NOTE:
This
appeal is directed against an order made by the Central Administrative
Tribunal. The respondent filed an application for re-fixation of his pay with
effect from 1st Juanuary, 1986 in the cadre of Divisional Accountant. The
Tribunal directed that the respondent be given the pay scale of Rs. 2000-3200
with effect from 1st Junary. 1986 in the cadre of Divisional accountant. The
Tribunal directed that the respondent be given the pay scale of Rs. 2000-3200
with effect from 1st
January, 1986 till he
was declared to be surplus in the organisation on the Project being wound up.
The
Tribunal noticed:
(i) that
the post of Divisional Accountant is higher in every respect other than that of
a Senior Accountant;
(ii)
The Senior Accountants were always regarded as assistants to the Divisional
Accountants;
(iii)
That Senior Accountants constitute a feeder cadre to promotion to Divisional
Accountant and some of the Senior Accountants appeared for examinations for
promotion to the Divisional Accountants cadre and a candidate had to pass
examination to become Divisional Accountant than the one precribed for becoming
a Senior Accountant and the Third and Fourth Pay Commissionions had recommended
higher pay-scales for Divisional Accountants compared to Senior Accountants and
the Senior Accountants are junior to him. The Divisional Accountants took the
view that it would be wholly incqui0able alone a Divisional Accountant who is
higher in status than a Senior Accountant, to grant him salary lesser than of
Senior Accountant, on that basis given the direction referred to by us earlier.
The
learned Additional Solicitor General submitted that even proceeding on the
basis that the Divisional Accountant is higher in status to Senior Accountant,
a direction issued by the Tribunal fixing the pay scale of the respondent is
improbable. He also contended that two posts are not comparable as Divisional
Accountants are in line of promotion to Junior Accounts Officer of a lower
cadre alone whereas Senior Accountants are in line for promotion to
Establishment Officers with the higher pay scales.
However,
it is not possible for us to decide the second question raised by the learned
Additional Solicitor General. The Tribunal has on consideration of different
aspects of the matter to which we have adverted to has taken the view that
Divisional Accountant is nigher in status than a Senior Accountant which is a
finding on a question of fact. On examination of the duties assigned to
different persons and other relevant circumstances the Tribunal has come to
this conclusion. Hence we do not think we can disturb that finding.
However,
the Tribunal could not have directed fixing the pay-scales of the respondent.
On the other hand, a direction should have been issued to the concerned
authority to fix a proper pay scale bearing in mind the finding recorded by the
Tribunal that Divisional Accountants enjoy a higher status to that of a Senior
Accountant. The appeal filed by the Government is, therefore. allowed in part
modifying the direction issued by the Tribunal to give a particular pay scale
of Rs. 2000-3200 with effect from 1st January, 1986, on the other hand, the
appellants shall fix appropriate pay scale bearing in mind the finding recorded
by the Tribunal the Divisional Accountant. We direct that the action be taken
by the Government, for the respondent, within a period of six months from
today.
Back