LexGOVERNMENT OF INDIA & ORS. versus B. ANIL KUMAR & ORS.
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A B [201 OJ 6 S.C.R. 806 GOVERNMENT OF INDIA & ORS. v. B. ANIL KUMAR & ORS. (Civil Appeal No. 8273 of 2004) MAY 11, 2010 [MARKANDEY KAT JU AND A.K. PATNAIK, JJ.] Service Law: c Central Civil Services (Revised Pay) Rules, 1986 - r. 7 (1)(8) - Re-fixation of pay - Special pay - Entitlement of - Respondents were investigators as-on 01.01.1986 - . Promotion to the post of Assistant Superintendents after 01.01.1986 - Grant of revised pay scale of 1600-2660 as 0 recommended by Fourth Pay Commission - Be1'efit of special pay of Rs. 751- p.m. as awarded by Board of Arbitration for the said post in their existing scale-Rs. 470-750 in fixing the scale - Entitlement of - Held: Respondents would be covered ulr. 7(1)(8) which covers employees whose existing E emoluments include special pay, but special pay has not been continued with the revised scale of pay - As per FR 22(a)(1) on promotion to a post carrying duties and responsibilities of greater importance, Government servant is entitled to his initial pay 'in the time scale of higher post' - Special pay of Rs. 751- p.m. was for the post of Assistant F Superintendent in the existing scale of pay of Rs. 470-750 irrespective of who held the post - The 1986 Rules and F. Rs. 22 and 25 have to be read consistent with the equality clauses in Articles 14 and 16 - All Assistant Superintendents who are performing the same nature of duties and responsibilities G would be entitled to special pay - Thus, respondents entitled to the benefit of special pay of Rs. 751- pm in fixation of its initial pay - Order of High Court upheld - Fundamental Rules 22(a)(1) - Constitution of India, 1950 - Article 14, 16. 806 GOVERNMENT OF INDIA & ORS. v. B. ANIL KUMAR 807 & ORS. The respondents were working in the post of A Investigators, in NSSO, Government of India, in the pay- scale of ns.425-700 prior to 01.01.1986. The next higher post is of Assistant Superintendent. In the year 1978, the Assistant Superintendents raised a demand that the existing pay-scale of Rs.470-750 of the post of Assistant B Superintendents be raised to Rs.550-900 with effect from 01.01.1978. The Board of Arbitration made the Award with effect from 01.05.1982 that the Assistant Superintendents · be given pay at the existing scale of Rs.470-750 plus a special pay of Rs.75/- pm which would be counted as c pay. During pendency before the Board, the Central Fourth Pay Commission made recommendations that the pay-scale of Assistant Superintendents be revised to Rs.1600-2660 with effect from 01.01.1986. The Award of the Board was implemented. The respondents were 0 promoted to the post of Assistant Superintendents after 01.0f:1986 and were not given the benefit of the special pay and were only given the pay in the revised scale of · Rs.1600-2660. The respondents challenged th~ same: The tribunal held that the respondents are entitled to the E re-fixation of their pay by merging the special pay of Rs.75/- with their basic pay in the then existing pay-scale of Rs.470-750 on the basis of the recommendations of the Fourth Pay Commission with effect from 01.01.1986 and for subsequent corresponding revised pay scales on the basis of the recommendations of the Fifth Pay Commission. The Division Bench of High Court directed that the respondents would be entitled to have the benefit F of special pay of Rs.75 in the revised pay-scale of Rs.1600-2660--as recommended by the Fourth Pay Commission and the revised pay-scale of the G respondents as recommended by the Fifth Pay Commission will have to be appropriately fixed taking into consideration the special pay of Rs.75/- ·and its merger in the Fifth Pay Commission scales. Hence tile 'aPf.~al. H 808 SUPREME COURT REPORTS [2010) 6 S.C.R. A Dismissing the appeal, the Court HELD: 1.1. The High Court gave good reasons for coming to the conclusion that the respondents, who were promoted to the post of Assistant Superintendent after 01.01.1986, were entitled to have the benefit of Rs.75/- as 8 special pay in the revised pay-scale of Rs.1600-2660 that (1) in paragraphs 10.359, 10.360, 10.361 and 10.362 of the recommendations of the Fourth Pay Commission, which deal with the pay-scale of Assistant Superintendents in National Sample Survey Organization, Department of C Statistics, there is no reference to the pending proceedings before the Board of Arbitration and hence it is difficult to hold that the Fourth Pay Co
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