1994 (7) TMI 357 - SC - Indian Laws

Summary

Issues:
1. Interpretation of the recommendations made by the Pay Commission regarding functional grades and promotion.
2. Validity of the direction given by the Full Bench of the Central Administrative Tribunal for fixing pay scales.
3. Review of the decision by the Supreme Court and rectification of anomalies.
4. Entitlement of employees to revised pay scales and recovery of arrears.

Analysis:

1. The judgment discussed the recommendations of the Pay Commission regarding functional grades and promotion for staff in the IA and AD and other Accounts Organisations. The government identified the posts and issued a memo for appointments to be made from 1 4 1987. The revised pay scales recommended by the Pay Commission were to be implemented from this date for the identified posts.

2. The Full Bench of the Central Administrative Tribunal directed the fixation of pay scales from 1 1 1986 on a notional basis and payment of differential amounts from 1 4 1987. This decision was challenged in the Supreme Court through special leave petitions. The Court, in a previous judgment, held that revised pay scales could only be paid from the date the posts were identified, i.e., 1 4 1987, not from an earlier date like 1 1 1986. The Court disagreed with the Tribunal's view on notional fixation of pay.

3. A review petition was filed after the Supreme Court's decision, seeking rectification of the discrepancy between the Tribunal's decision and the Court's judgment. The review petition was dismissed without considering the Court's earlier decision. An interlocutory application was filed to resolve this discrepancy and align the Tribunal's decision with the Supreme Court's ruling.

4. The Supreme Court, after considering the arguments, agreed with its previous judgment and held that employees were entitled to revised pay scales only from 1 4 1987, not from 1 1 1986 as directed by the Tribunal. Any arrears paid based on notional pay fixation from 1 1 1986 should be recovered from future salaries, except for those employees who have already retired. The Court allowed the interlocutory application with no order as to costs, thereby clarifying the entitlement of employees to revised pay scales and the recovery of arrears.