Facts
The five applicants are Computer Operators at the Bhopal Memorial Hospital & Research Centre (BMHRC), originally established as a trust and subsequently taken over by the Indian Council of Medical Research (ICMR) under the Ministry of Health & Family Welfare in January 2012
Source reference: p. 2-3The applicants, who possess a Bachelor’s degree and a PGDCA/DCA with relevant experience, were granted the 6th Central Pay Commission (CPC) scales effective from 01.09.2010
Source reference: p. 3However, their pay was fixed in Pay Band-1 (Rs. 5200-20200) with a Grade Pay (GP) of Rs. 2400
Source reference: p. 4The applicants filed the present O.A. seeking parity with Computer Operators in other Central Government departments (such as the Department of Atomic Energy and AIIMS) who are placed in Pay Band-2 (Rs. 9300-34800) with a GP of Rs. 4200
Source reference: p. 3-6Their representations were rejected by the respondents on 26.11.2013 via a non-speaking order
Source reference: p. 5Issues
1. Whether the applicants are entitled to the pay scale of PB-2 with a Grade Pay of Rs. 4200 at par with Computer Operators in other Central Government departments based on educational qualifications and job responsibilities
Source reference: p. 22. Whether the administrative action of placing the applicants in PB-1 with a Grade Pay of Rs. 2400 is legally sustainable in light of the Recruitment Rules notified in 2017
Source reference: p. 10-12Law Applied
The court relied on the established legal principle that the equation of posts and determination of pay scales are exclusive executive functions and not subject to judicial review unless there is patent irrationality
Source reference: p. 12It applied the precedent from State of Punjab and Ors. v. Jagjit Singh and Ors. (2017) 1 SCC 148, which holds that courts should not undertake job evaluation as it is the domain of expert bodies like Pay Commissions
Source reference: p. 12Furthermore, the court upheld the validity of statutory Recruitment Rules framed under the proviso to Article 309 of the Constitution of India
Source reference: p. 12-13Reasoning
The Tribunal noted that the applicants were initially appointed under a private trust and were only absorbed into the Central Government fold upon the ICMR takeover
Source reference: p. 6-7The respondents argued that the Computer Operator post at BMHRC is equivalent to ‘Data Entry Operator Grade A,’ which carries a GP of Rs. 2400, and that the higher GP of Rs. 4200 was reserved for those who had previously served in the 5th CPC scale of Rs. 5000-8000, which the applicants had not
Source reference: p. 8The Tribunal observed that the Ministry of Health and Family Welfare eventually notified formal Recruitment Rules via Gazette Notification GSR 1018(E) dated 16.08.2017, which explicitly placed the post in Level 4 (corresponding to GP 2400)
Source reference: p. 11-12The Tribunal emphasized that the applicants failed to challenge this specific 2017 notification
Source reference: p. 12Applying the Jagjit Singh doctrine, the court reasoned that it could not interfere with the executive's expert determination of pay scales, especially when the recruitment methods and organizational structures of BMHRC differed from the departments cited for parity
Source reference: p. 12-13Holding
The Tribunal answered the issues in the negative and held that the applicants cannot claim automatic pay parity with other departments as the determination of pay scales is an executive prerogative
The court found no infirmity in the respondents' action of placing the applicants in Level-4/PB-1 as per the statutory Recruitment Rules of 2017
Source reference: p. 13The Original Application was dismissed for being devoid of merit, and no costs were awarded
Source reference: p. 13Original Court PDF
UMESH SHANDILYAvsM/o Health And Family Welfare
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in