Full Judgment Text
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PETITIONER:
SHIBA KUMAR DUTTA & ORS.
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT: 24/02/1997
BENCH:
K. RAMASWAMY, G.T. NANAVATI
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Delay condoned.
This special leave petition arises from the orders of
the Administrative Tribunal, Calcutta Bench, made on June
21, 1995 in OA No.213 of 1992 and the Review Order dated
July 26, 1996.
The admitted position is that the petitioner, who are
working as fitter (T & G), had sought to be fused in the
category of, and to be on par with, Jig Borers. They sought
equal pay on par with them. They contend that they were
drawing higher pay-scales than the Fitter; instead of
elevating their cadre and placing them in the higher pay-
scales, they have been brought them down in the category as
a Fitter after removing the two nomenclatures. Thereby, it
is arbitrary on account of invidious discrimination. The
Third Pay Commission had gone into that aspect of the matter
and fixed the scales of pay. Thereafter, admittedly, Expert
Classification Committee and Anomalies Removal Committee had
also gone into the matter and made distinction between them.
Subsequently, nomenclature of all of them were removed and
fused into one category, namely, Fitter. Nomenclature and
fitment is one of executive policy of the Government. Unless
the action is arbitrary or there is invidious discrimination
between persons similarly situated, doing same type of work,
as is pointed out, it would be difficult for the Court to go
into the question of equation of posts or fitment into a
particular scale of pay. They must be left to be decided by
the Expert Committees and evaluate the job criteria and
scales of pay prescribed for each category. Under those
circumstances, the Tribunal is justified in refusing to go
into the question.
The special leave petition is accordingly dismissed.