Full Judgment Text
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PETITIONER:
CHIEF ADMINISTRATOR-CUM-JT.SECRETARY TO THE GOVT. OF INDIA &
Vs.
RESPONDENT:
DIPAK CHAND A DAS
DATE OF JUDGMENT: 16/09/1998
BENCH:
S.SAGHIR AHMAD, S.RAJENDRA BABU
ACT:
HEADNOTE:
JUDGMENT:
JUDGMENT
Rajendra Babu. J.
This appeal is directed against an order made by the
Central Administrative Tribunal. The respondent filed an
application for re-fixation of his pay with effect from 1st
Juanuary, 1986 in the cadre of Divisional Accountant. The
Tribunal directed that the respondent be given the pay scale
of Rs. 2000-3200 with effect from 1st Junary. 1986 in the
cadre of Divisional accountant. The Tribunal directed that
the respondent be given the pay scale of Rs. 2000-3200 with
effect from 1st January, 1986 till he was declared to be
surplus in the organisation on the Project being wound up.
The Tribunal noticed: (i) that the post of Divisional
Accountant is higher in every respect other than that of a
Senior Accountant; (ii) The Senior Accountants were always
regarded as assistants to the Divisional Accountants; (iii)
That Senior Accountants constitute a feeder cadre to
promotion to Divisional Accountant and some of the Senior
Accountants appeared for examinations for promotion to the
Divisional Accountants cadre and a candidate had to pass
examination to become Divisional Accountant than the one
precribed for becoming a Senior Accountant and the Third and
Fourth Pay Commissionions had recommended higher pay-scales
for Divisional Accountants compared to Senior Accountants
and the Senior Accountants are junior to him. The Divisional
Accountants took the view that it would be wholly
incqui0able alone a Divisional Accountant who is higher in
status than a Senior Accountant, to grant him salary lesser
than of Senior Accountant, on that basis given the direction
referred to by us earlier.
The learned Additional Solicitor General submitted
that even proceeding on the basis that the Divisional
Accountant is higher in status to Senior Accountant, a
direction issued by the Tribunal fixing the pay scale of the
respondent is improbable. He also contended that two posts
are not comparable as Divisional Accountants are in line of
promotion to Junior Accounts Officer of a lower cadre alone
whereas Senior Accountants are in line for promotion to
Establishment Officers with the higher pay scales.
However, it is not possible for us to decide the
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second question raised by the learned Additional Solicitor
General. The Tribunal has on consideration of different
aspects of the matter to which we have adverted to has taken
the view that Divisional Accountant is nigher in status than
a Senior Accountant which is a finding on a question of
fact. On examination of the duties assigned to different
persons and other relevant circumstances the Tribunal has
come to this conclusion. Hence we do not think we can
disturb that finding.
However, the Tribunal could not have directed fixing the
pay-scales of the respondent. On the other hand, a
direction should have been issued to the concerned authority
to fix a proper pay scale bearing in mind the finding
recorded by the Tribunal that Divisional Accountants enjoy a
higher status to that of a Senior Accountant. The appeal
filed by the Government is, therefore. allowed in part
modifying the direction issued by the Tribunal to give a
particular pay scale of Rs. 2000-3200 with effect from 1st
January, 1986, on the other hand, the appellants shall fix
appropriate pay scale bearing in mind the finding recorded
by the Tribunal the Divisional Accountant. We direct that
the action be taken by the Government, for the respondent,
within a period of six months from today.