Full Judgment Text
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PETITIONER:
YOGENDRA NARAYAN CHOWDHURY & ORS.
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT30/11/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
MAJMUDAR S.B. (J)
CITATION:
1996 AIR 751 1996 SCC (7) 1
JT 1995 (9) 112
ACT:
HEADNOTE:
JUDGMENT:
WITH
CIVIL APPEAL NO.9313 OF 1995
Gopal Chakraborty & Ors.
V
Union of India & Ors.
O R D E R
In these appeals the only question is whether the
appellants-motor pump attendants - are semi-skilled or
skilled workers as determined in the Government circular
dated May 11, 1983. After the III Pay Commission, mazdoors
working in the military engineering have been classified as
unskilled and their scale of pay is Rs.196-232, semi-skilled
Rs.200 to 290; skilled Rs.260 to 400 and highly skilled
grade II Rs.330-480, highly skilled grade I Rs.380-560. As a
consequence of fitment, all the unskilled mazdoors,
chowkidars who passed the test, were initially classified
into skilled category and later it was discovered that it
was a wrong classification. Consequently, directions were
issued to fit them in the semi-skilled category and
direction to recover the arrears paid during the period of
1984 to 1986 was also given. Some of the persons came to
challenge these orders before different Benches of the
Central Administrative Tribunal. In the Cuttack Bench, the
same categories of persons filed O.A. 382/87. The Tribunal
held that they being unskilled, are to be classified as
semi-skilled since they had passed the test and the semi-
skilled is a feeder post to the skilled category, namely,
Rs.260-400. Accordingly, while upholding the reversion,
directed not to recover the arrears.
O.A. No.796/87 was filed before the Administrative
Tribunal, Calcutta Bench. In the first instance, the Bench
had held that the reversion was bad and consequently
directed restoration of their category into skilled
category. When the matter was challenged by way of Special
Leave Petition, that was dismissed in limine. In the
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meanwhile, another Bench of Calcutta Administrative Tribunal
in the impugned order, following the Cuttack Bench, upheld
the reversion but set aside the order of recovery of
arrears. Thus these appeals by special leave.
Shri Nambiar, the learned senior counsel for the
appellants contended that the appellants having passed the
prescribed test became skilled and that, therefore, they
were properly fitted into the grade of Rs.260-400 in the
year 1984 and their reversion to semi-skilled category i.e.,
Rs.210-290 is illegal. He further contends that the decision
of the first Bench of CAT, Calcutta is proper and this Court
had put seal of approval and that therefore the view of the
latter Bench and that of the Cuttack Bench are clearly
illegal. We find no force in the contention.
The Calcutta Bench in the first instance obviously
proceeded on the wrong premise, namely, they passed the test
and hence become skilled category workmen and also while
holding those posts their performance was not found to be
unsatisfactory. Therefore, the orders were held to have been
vitiated by error of law. That is wholly misconceived view.
The only relevant question to be considered is whether the
Chowkidars and mazdoors working as motor pump operators and
having passed their tests, would be fitted into the semi-
skilled category or skilled category. It is not in dispute
that semi-skilled is a feeder post for the skilled category.
Once they had passed the test, they are necessarily to be
fitted into semi-skilled category so that after putting
required length of service and other considerations, they
would become eligible for promotion into skilled grade.
Under these circumstances, the necessary consequence would
be that they would be fitted into the category of semi-
skilled, consequent to the recommendation of the III Pay
Commission. Obviously, realising this mistake the latter
Bench had held to fit them into the category of semi-skilled
and assign the appropriate scale of pay. Being semi-skilled,
their scale of pay indisputably is Rs.210-260. Accordingly,
their fitment is correctly assigned as semi-skilled and it
is not a case of reversion but one of proper fitment. Under
these circumstances, the view of the first Bench of the
Calcutta CAT is clearly erroneous in law.
It is settled law that even the dismissal of Special
Leave Petition in limine without assigning reasons does not
operate as res judicata. Under these circumstances, we are
of the view that the view of the latter Bench of the CAT,
Calcutta and of the Cuttack Bench are clearly consistent
with the above reasoning. Therefore, we do not find that
these are fit cases warranting interference. The appeals are
accordingly dismissed. No costs.