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TMI Blog2010 (8) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... partment, Government of West Bengal are entitled to the same pay scale at par with the Research Assistants in the same department? 4. On 4th July, 1972 the Government of West Bengal, in exercise of its power conferred by the proviso to Article 309 of the Constitution of India made the Rules for regulation of recruitment to the post of Senior Research Assistant, Research Assistant and Senior Laboratory Assistant in the Roads and Buildings Research Institute and various other divisions under the Public Works (Roads) Department. The post of Senior Laboratory Assistant is a feeder to the post of Research Assistant. The pay scale fixed under the Revision of Pay and Allowances Rules, 1981 (for short ROPA Rules) for the post of Research Assistant was scale No. 9 (Rs. 300-910) and for the post of Senior Laboratory Assistant scale No. 6 (Rs. 300-685). 5. In the year 1982, three Senior Laboratory Assistants filed a Writ Petition in the Calcutta High Court claiming scale No. 11 under ROPA Rules on the allegation that they were performing similar duties as that of Senior Research Assistants. The said Writ Petition was disposed of by a learned Single Judge of the High Court granting scale ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hed the Administrative Tribunal in the year 2002 seeking appropriate directions as against the State to revise the pay scale in terms of the orders of the Chief Engineer. The Tribunal while rejecting the objections of the State that the Chief Engineer was not competent to modify or amend ROPA Rules as he did by his order, allowed the claim of the respondents. 9. The appellant State challenged the said order of the Tribunal in a writ petition filed before the High Court. The High Court vide impugned order dismissed the writ petition and confirmed the order of the Tribunal. Hence this appeal. 10. Shri Bhaskar P. Gupta, learned senior counsel submitted that the impugned order suffers from errors apparent on the face of the record. The High Court completely misdirected itself in deciding the matter in controversy by ignoring the well settled legal principles. It was submitted that Revision of Pay and Allowances Rules (ROPA) are framed by the Government of West Bengal by the directions of the Governor under Article 309 of the Constitution of India and are binding in their nature. The Rules are amended from time to time based upon the recommendations of successive Pay Commissions. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay scale for a given post. 14. In the present case, the 3rd Pay Commission vide its recommendations made in December, 1988 allowed only scale No. 6, to the Senior Laboratory Assistants and scale No. 9, for the Research Assistants. The Government having accepted the recommendations framed rules allowing scale No. 6 and 9, respectively to the Senior Laboratory Assistants and Research Assistants. The 4th Pay Commission retained same scales though the actual pay structure was revised. It appears from the record that in the State of West of Bengal pay scales are fixed under statutory rules. The constitutional validity of those rules under which the pay scales are fixed has not been challenged. 15. Be that as it may, the Chief Engineer while acting under the directions of the Tribunal passed the order declaring that the respondents are entitled to the relief as prayed for by them and accordingly granted scale No. 11 to the respondents. The Chief Engineer completely ignored the statutory rules under which the respondents are entitled to only scale No. 9. The Government did not implement the same. The respondents once again approached the Tribunal seeking appropriate directions for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon it by Clause (1) of Article 323A of the Constitution, Parliament enacted Administrative Tribunals Act, 1985. The Statement of Objects and Reasons of the Act, indicates that it was being enacted to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India. Chapter III deals with the jurisdiction, powers and authority of the Tribunals. Sections 14, 15 and 16 deal with the jurisdiction, powers and authority of the Central Administrative Tribunals, the State Administrative Tribunals and the Joint Administrative Tribunals respectively. The Tribunals under the Act possess jurisdiction and powers of every other court in the country except the jurisdiction of the Supreme Court, in respect of all service related matters. The Administrative Tribunals are conferred with the jurisdiction to hear matters where even the vires of statutory provisions are in question. Their function, however, in this regard is only supplementary ina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to do so expressly. The power conferred upon the Administrative Tribunals under the provisions of the said Act flows from Article 323A of the Constitution. Such power can never be delegated except under a valid law made by Parliament. The Tribunals by their own act cannot delegate the power to decide any dispute which in law is required to be decided exclusively by such Tribunals. 24. For the aforesaid reasons, the order of the Administrative Tribunal directing the Chief Engineer, Public Works (Roads) Directorate to decide the dispute raised by the respondents with regard to their pay scales is void ab initio and cannot be given effect to. 25. The next question that arises for our consideration is whether the decision of Chief Engineer operates as res- judicata? The High Court fell into serious error in construing the orders passed by the Chief Engineer as a decision. There was no adjudication as such of any lis between the parties by the Chief Engineer. The Chief Engineer in law was not entitled to decide any dispute and much less with regard to any dispute and complaint with respect to conditions of service of any persons appointed to public posts controlled by the State Go ..... X X X X Extracts X X X X X X X X Extracts X X X X
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