Bombay High Court
A.B. Pillay And Others vs Union Of India And Others on 21 September, 2017
Bench: A.S. Oka
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3827 OF 1999
1. A.B.Pillay,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
2. S.M.Kumbhar,
Electrician (M.V.) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
3. S.B.Shevate,
Electrician (M.V.) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
4. R.V.Belvelkar,
Electrician (M.V.) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
5. G.B.Sarode,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
6. J.B.Kamble,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
7. P.P.Mate,
Electrician (M.V.) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
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8. P.B.Dhavalikar,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
9. S.D.Bhole,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
10. S.C.Karande,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
11. S.T.Bhujbal,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
12. P.S.Shingote,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
13. P.R.Wayal,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
14. C.P.Kedari,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
15. B.M.Jagdale,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
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16. D.G.Shete,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
17. M.N.Mohol,
Electrician (MV) Skilled,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
18. R.T.Ubale (since deceased through legal
heir Mrs.Saraswati R. Ubale residing at
Sudarshan Nagar, Pimple Gurav, Pune
Pimpri-Chinchwad, Pune.
19. R.B.Kagale,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
20. D.B.Tilekar,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
21. Y.S.Chavan,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
22. S.C.Salunke,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
23. A.B.Chaskar,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
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24. K.S.Ovhal,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
25. S.J.Ranjane,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003.
26. M.G.Yadav,
Skilled Precision Grinder,
512, Army Base Workshop,
Kirkee, Poona- 411 003. ... Petitioners.
V/s.
1. The Union of India,
through the Director General,
Directorate General of E.M.E.,
Master General of Ordnance Br.
Army Headquarters, DHQ. P.O.,
New Delhi- 110 001.
2. The Commandant,
512, Army Base Workshop,
Kirkee, Poona- 411 003. ... Respondents.
A.S.Rao with S.P.Saxena for the petitioners.
Mrs.Anjali Helekar with N.R.Prajapati for the respondents.
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CORAM : A.S.OKA AND RIYAZ I. CHAGLA, JJ.
DATE : 21st September 2017.
ORAL JUDGMENT : (PER A.S.OKA, J.)
The submissions of the learned counsel for the petitioner and
the learned counsel for the respondents were heard on the earlier date.
2. By this petition under Article 226 of the Constitution of India,
the petitioners have taken an exception to the judgment and order dated
15th September 1998 passed by the Central Administrative Tribunal,
Mumbai Bench, Mumbai on two separate original applications filed by the
petitioners. By the said judgment and order, the original applications
were dismissed by the Bench of the Central Administrative Tribunal (for
short "CAT"). There is also a challenge to the order dated 4 th December
1998 passed by CAT by which the petitions filed by the petitioners for
review of the said judgment were rejected.
3. The factual controversy involved is brief and narrow. The
petitioners are the applicants in Original Application No.771/1991 and
Original Application No.797/1991. The applicants in Original Application
No.771/1991 were appointed in the employment of the respondents as
Electricians (MV). The applicants in Original Application No.797/1991
were appointed by the respondents on the post of Precision
Grinders. The Recruitment Rules of 1988 for the said two posts were
brought into force in January 1988. Prior to the Recruitment Rules of
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1988, the Recruitment Rules of 1982 were in force. According to the case
of the petitioners, the process of their recruitment commenced much prior
to the Recruitment Rules of 1988 came into force and, in fact, the
petitioners were selected much prior to the coming into force of the
Recruitment Rules of 1988. According to the case made out by the
petitioners in their respective original applications, at the time of their
selection, they were informed that they will be placed in the pay-scale of
Rs.1200-30-1440-EB-30-1800. All the petitioners were appointed after
the date on which the Recruitment Rules of 1988 came into force and
they were placed in a lower pay-scale. It is pointed out that they were
placed in lower pay-scale of 950-1,500. The basic contention in the
original applications filed by the petitioners was that as per the
Recruitment Rules prevailing at the time of their selection, they were
entitled to higher pay-scale of Rs.1200-1800, but erroneously they have
been put in the pay-scale of Rs.950-1500 by applying the Recruitment
Rules of 1988. The other grounds on which the petitioners sought pay-
scale of Rs.1200-1800 was that certain persons, who were appointed on
the same posts before the Recruitment Rules of 1988 came in to force,
were placed in the pay-scale of Rs.1200-1800. The petitioners invoked
the principle of equal pay for equal work.
4. By the impugned judgment and order, while dismissing the
original applications filed by the petitioners, the CAT accepted the
contention of the petitioners that they were governed by the old Rules of
Recruitment and not the Rules which were notified in January 1988. The
original applications were dismissed by the CAT by relying upon the
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recommendations of the Anomaly Committee which were notified for
implementation by the order dated 15th October 1984. The findings
recorded by the Tribunal on this aspect reads thus:
"10. ..... On going through this letter, it is noted
that in respect of the skilled grade in the common
categories, the minimum grade is Rs.260-400 and the
higher grades have been provided as highly skilled
Grade II and Grade I on percentage basis. As per this,
the recruitment is required to be made in the scale of
Rs.260-400, i.e. Rs.950-1500. With the
implementation of these recommendations, the grade
of the Precision Grinder as well as the Electrician
Motor Vehicle for recruitment purpose is the initial
grade of Rs.260-400, i.e. Rs.950-1500. Therefore, as
per the Recruitment Rules of 1982, the recruitment for
the category of Precision Grinder and Electrician Motor
Vehicle was required to be done in the grade of
Rs.950-1500. Although, the respondents have taken a
plea that th recruitment of the applicants in both the
OAs. Will be governed by the Recruitment Rules of
1988, but on examination of the issue with reference
to the 1982 rules, which we have already held would
be applicable to the case of the applicants, the
recruitment of the applicants in the grade of Rs.950-
1500 is in order. In view of this, the claim made by
the applicants in both the OAs. I not sustainable."
In paragraph-11 of the impugned judgment, the Tribunal negatived the
second ground urged by the petitioners of equal pay for equal work.
5. The learned counsel appearing for the petitioners invited our
attention to the letter dated 16 th October 1981 addressed by the
Government of India, Ministry of Defence to the Chief of the Army Staff,
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New Delhi. He pointed out that the petitioners were appointed on the
establishment of the Commandant, Army Workshop, Kirkee at Pune. He
also invited our attention to another communication dated 11 th May
1983issued by the Government of India to the Chief of the Army Staff.
These two communications have been annexed to the affidavit-in-reply as
Annexure R-2 and R-3. He pointed out an annexure to the
communication dated 11th May 1983 which shows that the pay-scale of
Electrician (MV) was fixed at 330-480 and the pay-scale of Grinder
Precision was fixed at 330-480. He pointed out this fact from the
annexure to the communication dated 11 th May 1983. Thereafter he
invited our attention to the communication dated 15 th October 1984. He
pointed out that the said communication relied upon by the CAT which
directs implementation of recommendations of the Anomaly Committee.
He pointed out that as provided in the recommendations, 15% post of
highly skilled grade-I were recommended in pay-scale 380-560, 20% posts
of Highly Skilled Grade-II were recommended in pay-scale of 330-480,
and 65% posts of Skilled Grade were given pay-scale of 260-400. He
pointed out that list of common categories of skilled jobs which is a part of
this communication dated 15th October 1984 includes Electricians and
Grinders but not the Electricians (MV) and Precision Grinders. He would,
therefore, submit that even after the recommendations of the Anomaly
Committee were accepted by the Government of India, the post of
Electrician (MV) and Precision Grinder were covered either by Highly
Skilled Grade-1 or Highly Skilled Grade-2. He would, therefore, submit
that the findings recorded by the CAT are completely erroneous. He also
relied upon a communication dated 25th June 1996 issued by the Ministry
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of Defence which he tendered on record on 13 th July 2017. He pointed
out that the recruitment of 140 workers was made during the years 1985-
1987 and they have been ratified in pay-scale of Rs.330-480.
6. The learned counsel appearing for the respondents supported
the impugned judgment and orders. The learned counsel invited our
attention to the annexures to the communication dated 16 th October 1981
and 11th May 1983 issued by the Government of India to the Chief of the
Army Staff, New Delhi. By referring to the said communications and
especially the communication dated 16 th October 1981, she pointed out
the Precision Grinder and Electrician (MV) were given two pay-scales i.e.
330-480 and 260-400 depending upon whether the person appointed can
be categorized as skilled or highly skilled. She pointed out that certain
posts were filled in by skilled category as per the recommendations of the
Anomaly Committee which were accepted by the Government of India and
that is how the petitioners were placed in pay-scale of 260-400 which is
equivalent to pay-scale of 950-1500 as per the Fourth Pay Commission.
She submitted that the Tribunal has, therefore, rightly held that the
fitment of the petitioners in the pay-scale of 950-1500 was correctly made.
Her submission is that no interference is called for in writ jurisdiction.
7. We have given careful consideration to the submissions.
There is a categorical finding recorded by the Tribunal that the service
conditions of the petitioners would be governed by 1982 Recruitment
Rules and not by the 1988 Recruitment Rules which were notified on 7 th
January 1988. We may note here that 1988 Recruitment Rules provided
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pay-scale of 950-1500 to the post of Electrician (MV) Skilled and post of
Precision Grinder.
8. In the written statement filed to both the original
applications, the respondents relied upon the letter dated 16 th October
1981 addressed by the Government of India to the Chief of the Army Staff,
New Delhi. Reliance was also placed on the communication dated 15 th
October 1984 issued by the Government of India directing implementation
of the recommendations of the Anomalies Committee. Specific
contention in that behalf was raised in clauses 'K' and 'L' of paragraph-4 of
the written statement filed by the respondents before the CAT which read
thus:
(k) Upon enquiry, the applicants found that the
Deputy Secretary to the Govt. of India, Ministry of
Defence, by his letter dated 16 th October 1981,
addressed to the Chief of the Army Staff conveyed the
sanction of the Hon'ble President for the fitment of the
existing industrial workers in EME in the scales
mentioned therein. The relevant categories and
scales are enumerated hereunder for the ready
reference of the Hon'ble Tribunal viz:-
Category Scale
Skilled Rs. 260-6-390-EB-6-326-8-366-EB-
390-10-400
Highly Skilled Rs.330-8-370-10-400-EB-10-480
Grade II
Highly Skilled Rs.380-12-500-EB-15-560
Grade I
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(i) The Learned Deputy Secretary to the
Government of India, Ministry of Defence, by his
another letter dated 15th October, 1984, addressed to
the Chief of the Army Staff, New Delhi, conveyed the
sanction for the things mentioned therein. In para
(ii) of the letter a BENCHMARK PERCENTAGE was
fixed for the Trades enumerated in Annexure-I with
viable number of jobs. Hereto annexed and marked
as Exhibit 'N' (collectively) is a copy of the said letter
dated 15/10/1984 fixing the Bench Mark Percentage
for the Trades enumerated in Annexure thereto. The
pay scales referred to above came to be revised w.e.f.
1-1-1986 as under:-
Old Pay Scale Revised Pay Scale
i) 260-400 (Skilled) 950-1500
ii) 330-480 (H.S. Gr. II) 1200-1800
iii) 380-560 (H.S. Gr. I) 1320-2040
The Recruitment Rules were sought to be
implemented by the Respondent no.2 from January
1988 applying thereby the Three Grade Structure.
The lowest grade being skilled in the time scale of pay
of Rs.950-20-1150-EB-25-1500 was to be for the
direct new recruits. The duty performed by the
'Skilled' employee is identical with the one working as
'Highly Skilled Grade-II'. Employees working in these
two Grades work for identical hours. The applicants
have given separately the chart showing the work
performed by both Grades, as Exhibit 'I'. The chart be
treated to be the integral part of the application......"
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9. In the impugned judgment, by which the original applications
filed by the petitioners were dismissed, the Tribunal has relied upon only
one communication i.e. the communication dated 15 th October 1984 by
which recommendations of the Anomaly Committee were accepted by the
Central Government.
10. We have carefully perused the letter dated 16 th October 1981
addressed by the Government of India to the Chief of the Army Staff, New
Delhi (Exh. R-2 to the affidavit-in-reply). It provides for fitment of the
existing industrial workers in EME into five categories which are specified
in clause (i) of the first paragraph of the said letter, which reads thus:
"(i) Fitment of the existing industrial workers in EME
in the following five scales of pay as per details set out
in Annexure I :-
Category Scales
Unskilled Rs. 196-3-220-EB-3-232
Semi-skilled Rs. 210-4-226-EB-4-250-
EB-5-290
Skilled Rs. 260-6-290-EB-6-326-
8-366-EB-8-390-10-400
Highly Skilled Rs. 330-8-370-10-400-EB-
Gr. II 10-480
Highly Skilled Rs. 380-12-500-EB-15-560
Gr. I"
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As per the annexure to the said letter, the post of Grinder Precision was
given two pay-scales i.e. 330-480 and 260-400 and the same two pay-
scales were provided to the post of Electrician (MV). What is material is
the further communication dated 11 th May 1983 addressed by the
Government of India to the Chief of the Army Staff, New Delhi. It referred
to the recommendations of the Expert Classification Committee on the
report of the Third Pay Commission. It again provided for fitment of
industrial workers of EME in five categories which are the same
categories provided in letter dated 16 th October 1981. Clause-6 of the
said letter dated 11th May 1983 specifically records that the said letter
supersedes the Government order/ communication dated 16 th October
1981. Annexure to the said order/communication dated 11 th May 1983
provides for only one pay-scale to the Electrician (MV) and the Precision
Grinder. It is of Rs.330-480. Thus, it is crystal clear that the
order/communication dated 11th May 1983 puts the posts of Electrician
(MV) and Precision Grinder in the category of Highly Skilled- Grade-II
having pay-scale of 330-480.
11. Then comes the communication dated 15 th October 1984 on
which heavy reliance is placed by the respondents as well as by the Bench
of CAT. Clause (ii) of the first paragraph of the said communication
dated 15th October 1984 reads thus:
"(ii) Provision/introduction of Highly Skilled Grade-II
(Rs.330-480) and Highly Skilled Grade-I (Rs.380-560)
for common category jobs listed in Annexure I classified
as 'Skilled' depending on the functional requirement of
the Highly Skilled jobs, in the following manner as a
bench-mark percentage :-
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(a) Highly Skilled Grade-I (Rs.380-560) 15%
(b) Highly Skilled Grade-II (Rs.330-480) 20%
(c) Skilled Grade (Rs.260-400) 65%
This should be given to the trades enumerated in
Annexure I with viable number of jobs and if there are
non-viable trades these should be grouped together for
the purpose of giving the above benefit. In the trades
where the above bench-mark percentages are
introduced, the selection grade for the skilled grade, if
provided, will stand simultaneously abolished as a one
time measure."
Annexure I mentioned in clause (ii) is at page-200. Annexure I gives 19
categories of skilled jobs and it includes the posts of Grinder and
Electrician but not the posts of Precision Grinder and Electrician (MV).
As stated earlier, the order/communication dated 11 th May 1983
specifically supersedes the earlier order dated 16 th October 1981.
Moreover, as noted earlier, as mentioned in the communication dated 11 th
May 1983, there are two separate posts of electricians i.e. Electrician (MV)
and Electrician Mate and there are three posts of grinders i.e. Crystal
Grinder, Grinder Precision and Grinder Mate. As per the communication
dated 11th May 1983, the post of Crystal Grinder was classified as Highly
Skilled Grade-I and was given higher pay-scale of Rs.380-560 and the post
of Grinder Precision was placed in the category of Highly Skilled Grade-II
and was given pay-scale of Rs.330-480. As noted earlier, clause (ii) of
the communication dated 15th October 1984 provides that in the trades
where the bench-mark percentages as specified in the said clause are
introduced, the selection grade for the skilled grade, if provided, will
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stand simultaneously abolished as a one time measure. There is no
dispute that the equivalent pay-scale of pay-scale of Rs.330-480 in Fourth
Pay Commission is Rs.1200-1800. The learned counsel for the
petitioners tendered across the bar a communication dated 25 th June 1996
issued by the Ministry of Defence. The subject of the communication
reads thus:
"Sub: Ratification of recruitment of 140 tradesmen at
512 Army Base Workshop, Kirkee, Pune, during
1985-87."
The first paragraph of the said document reads thus:
" A case regarding recruitment of 140 tradesmen
in the undermentioned trades was referred to the
Ministry by Army HQ wherein CDA Southern Command
had observed that the said appointments should have
been made in lower pay scale of 260-480 as against the
pay scale of Rs.330-480 made in this case."
Fifth to seventh paragraphs of the said document read thus:
"5. 3 grade structure was not existing when SRO
SRO-233/82 was notified and hence there was only
one grade in the pay scale of 260-350 to which direct
recruitment was permitted, this pay scale having been
revised 330-480 vide Govt letter dated 11 May 83.
The SRO 233/82 was superseded by SRO 1/89
published in Feb 88 which provided three skilled
categories vis. Skilled (Pay scale 260-400) Highly
Skilled Grade II (pay scale 330-480) and Highly Skilled
Grade I (Pay scale 360-560). It has vide this SRO
dated 1/88 only that a specific provision that direct
recruitment be made to lowest skilled grade in the pay
scale of 260-400 was laid down.
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6. It is thus observed that the recruitment of 140
worker in four trades made by EME authorities during
1985-87 in the pay scale of 330-480 was based on the
orders prevailing then in terms of SRO 233/82 in
conjunction with Govt. letter dated 11 May 83.
7. In view of the above, the recruitment of 140
tradesmen made at 512 Army Base Workshop during
the period 85-87 may be considered ratified. CDA
Southern Command may be advised accordingly with
ref to the letter No.Pay/Tech/559/XVI/512 dated 26
03 91, Pay/Tech/559/XVI/512 dated 16-09-91
Pay/Tech/559/XVI/512 dated 08-08-94.
12. We may note one more factual aspect that in the original
applications, the specific case of the petitioners was that they were called
for the trade test/ interview by informing them that the pay-scale of post
would be Rs.1320/- as basis pay. There is a specific averment in the
original applications that at the time of interview, the petitioners were
informed that they will be placed in pay-scale of basic pay of Rs.1200/-.
Now by virtue of the communications referred in paragraph-11 above, the
appointments made in the posts of Grinder Precision and Electrician (MV)
during the years 1984-87 in the pay-scale of Rs.330-480 have been
ratified. The petitioners are similarly placed. Hence, even otherwise the
petitioners are entitled to be placed in the same position.
13. Therefore, in our considered view, the findings of the CAT are
erroneous and, in fact, the case of the petitioners that they are entitled to
the pay-scale of 1200-1800 ought to have been accepted.
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14. Most of the petitioners must have been superannuated by this
time. Therefore, they will be entitled to consequent benefit of revision in
pension, if they are otherwise entitled to pension.
Accordingly, we pass the following order:
O R D E R
(i) The impugned judgment and order is quashed and set
aside. Original Application Nos.771/1991 and 797/1991 are
hereby allowed. We hold that the petitioners were entitled to
pay-scale of Rs.1200-1800 from the date of their appointment.
(ii) We grant time of six months to the respondents from the
date on which this judgment and order is uploaded to re-fix
the pay and allowances payable to the petitioners and pay
consequential monetary benefits to the petitioners. Needless
to add that if the petitioners or some of them are getting
pensionary benefits, even the quantum of pension shall be
revised accordingly.
(iii) Rule is made absolute on the above terms with no
order as to costs.
(RIYAZ I. CHAGLA, J.) (A.S.OKA, J.)
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