LexDR. S.M. ILYAS AND ORS. versus INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ORS.
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A B c DR. S.M. !LYAS AND ORS. v. INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ORS. NOVEMBER 13, 1992 [M.H. KANIA CJ., N.M. KASLIWAL AND K. RAMASWAMY, JJ.] Civil Services : ICAR-Scientists-S2 and SJ grades-Fixation of pay scales. Constitution of India, 1950 : Article 14-!.CA.R.-Scientists-f'ay scales-Revision-Disparity in revised pay scal,,.....Prescribing lower pay scale to senior scientists than their D junior counterparts-Held not justified. The Imperial Council of Agricultural Research, a Society estab- lished under the Societies Registration Act in the year 1929 was redesig- nated as the Indian Council of Agricultural Research after the advent of Independence. Till 1965, the !CAR was largely functioning as a coordinat- E ing agency and apex body for financing research projects, bot with effect from 1966 the administrative control over the Indian Agriculture Re- search Institute (!ARI) and other such Institutes were transferred to !CAR, simultaneously placing the staff of such Institutes at the disposal of the !CAR. A department of Agricultural Researeh and Education was F set up in the Ministry of Agriculture and the said department came into existence on 15.12.1973. The !CAR was fully financed by the Department of Agricultural Research and Education of the Government of India. !CAR started an Agricultural Research Service with effect from • 1.10.1975, and the relevant grades and pay scales as on 31.12.1985 were : G Grade of Scientist S in pay scale Rs. 550-900, Scientist S-1 in Rs. 700-1300, Scientist S-2 in Rs. 1100-1600, and Scientist S-3 in Rs. 1500-2000. H The Scientists of the !CAR who were earlier covered by the Third 438 S.M. !LYAS v. AGRICULTURAL RESEARCH 439 Pay Commission pay-scales had been demanding parity in pay-seales with A the employees of the Agricultural Universities who were also financed by the !CAR. After persistent demand, the !CAR agreed to revise the pay scales with effect from 1.1.1986 by notification dated 9th March, 1989. This notification benefited some of the Scientists, but was denying the principles of 'Equal Pay for Equal Work' in the case of the appellants and the like, and the said notification had further placed persons much junior B to many of the appellants in a higher seale of pay, resulting in violation of the fundamental rights of the appellants guaranteed under Articles 14 and 16 of the Constitution. Some of the appellants in this appeal bad earlier filed a Writ Petition before this Court under Article 32 challenging the aforesaid C notification and for other connected reliefs, which was disposed of on 3rd May, 1990, directing the appellants to approach the Central Administra- tive Tribunal, and a further declaration was made that the Tribunal shall treat the petition as a Representative Petition. Certain clarifications were issued by the !CAR by its letter dated 31st March, 1989 and by orders dated 14th June, 1989, 6.11.1989 and 6.7.1990. These orders not only revised the pay scales but also gave new designations to the various posts held by the appellants. S.No. Existing Grade Existing New Revised Pay-scale designation pay-scale 1. Scientist, S-2 Rs.1100-50-1600 Scientist Rs. 3000-100- with service (Senior scale) 3500-125-5000 upto eight years. 2. Scientist, S-2 Rs. 1100-50- Scientist Rs. 3700-125- with service 1600 (Selection 4950-150-5700 exceeding grade) eight years 3. Scientist, S-3 Rs. 1500-60- Scientist Rs. 3700-125- with service 1800-100-2000 (Selection 4950-150-5700. upto 16 years Grade) 4. Scientist, S-3 Rs. 1500-50- Principal Rs. 4500-150- with service 1800-100-2000 Scientist 5700-200-7300 exceeding 16 years D E F G H 440 SUPREME COURT REPORTS [1992] SUPP. 2 S.C.R. A The appellants filed an application under Section 19 of the. Ad- ministrative Tribunal's Act before the Principal Bench of the Central Administrative Tribunal, Delhi and contended that according to the notification dated 9.3.1989 together with the subsequent clarifications, juniors and less meritorious Scientists and who were drawing lesser basic B ·pay as on 31.12.1985 than the appellants had been placed in higher pay scales causing great resentment amongst a large number of Scientists including the appellants. Not being successful before the Tribunal, the appellants appealed to this Court and contended that Scientists S-3 in pre-revised scale of Rs. C 1500-2000 having completed total
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