SECRETARY, FINANCE DEPARTMENT AND ORS. versus WEST BENGAL REGISTRATION SERVICE ASSOCIATION AND ORS.

Citation: [1992] 1 S.C.R. 897 · Decided: 20-02-1992 · Supreme Court of India · Bench: A.M. AHMADI · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

SECRETARY, FINANCE DEPARTMENT AND ORS. 
A 
v. 
WEST BENGAL REGISTRATION SERVICE ASSOCIATION AND 
ORS. 
FEBRUARY 20, 1992 
[A.M. AHMADI AND M.M. PUNCHHI, JJ.] 
Service Law-Detennination of pay scale. Powers of Court-Detennina-
B 
tion of pay scales and equation of posts is executive function-But Court can 
interfere if employees are treated arbitrarily-Necessary and relevant factors 
C 
for detennination of pay scale discu>sed-Relevance of educational qualifica-
tion in detennination of pay scale-What is. 
West Bengal Registration Service-Post of Sub-Registrar-Confennent 
of gazetted status-Government notification-fnc/usion of registration service D 
in State Service-Entitlement of Sub-Registrars to pay scale equivalent to State 
Level Officers-Held pay scale must reflect nature of duties and respon-
sibilities-Mere confennent of gazetted status and inclusion in State Service 
does not justify higher scale-Sub-Registrars and Munsiff.s held not equal as 
their duties are different in nature-Grant of scale to Sub-Registrar not 
equivalent to that payable to State Level Officers held not arbitrarr-Supreme E 
Court's direction to State Government to detennine appropriate pay scale for 
Sub-Registrars and posts above them. 
The West Bengal Registration Service comprised the post of Sub-
Registrars and other posts above the level of sub-Registral'S. By a resolu-
tion dated May 22, 1952 the post of Sub-Registrar was directed to be 
regarded as gazetted w.e.f. 1st April, 1952. Thereafter by a Notification 
dated 17th July, 1953 the Registration Service was, with effect from the 
date of its constitution i.e. 30th January, 1953 included in the West Bengal 
State Service. 
The respondents alleged that notwithstanding the commitment made 
F 
G 
by the 1953 Notification that they would be accorded all the privileges 
admissible to officers belonging to State Service, their pay scale was not 
revised equivalent to the minimum pay scale admissible to State Service 
Officers. Even when pursuant to the recommendations of the Pay Com- H 
.... 
897 
898 
SUPREME COURT REPORTS 
[1992] 1 S.C.R. 
A 
mittee tile pay-scales were revised they were placed on a scale which was 
lower than the minimum scale payable to State Service Employees. Fur-
ther though the First State Pay Commission recommended a Scale of Rs. 
425-825 for Sub-Registrars yet the recommendation did not find favour 
with State Government and their pay scale was fixed at Rs. 300-600. Also 
B pursuant to the recommendations of the Second So:ati: Pay Commission 
their pay scale was revised to Rs. 425- 1050 i.e. scale No. 11, a\though the 
c 
· minimum scale fixed for the State Service Officers was Rs. 660-1600 i.e. 
Scale No. 17. 
Feeling aggrieved by the decision of the State Govt. the respondents 
filed a writ petition in the High Court of Calcutta under Article 226 of the 
Constitution for a mandamus to award scale No. 17 of Rs; 660-1600 as 
admissible to State Service Officers. During the pendency of the writ 
petition the Third State Pay Commission submitted its report. This 
Commission also. rejected their claim of pay scale of Rs. 660-1600, the 
D minimum scale for State service, on the ground that their duties and 
responsibilities did not justify the higher pay scale. 
E 
F 
By its judgment dated 28th June, 1989, a Division Bench of the High 
Court allowed the writ petition and awarded revised scale No. 17 by 
holding that the Government had acted .arbitrarily and in violation of 
Articles 14and16 of the Constitution in not awarding scale No. 17 to the 
Sub-Registrars. The High Court based its decision on the facts that (i) 
the post of Sub-Registrar was a gazetted post belonging to the State 
Service; (ii) the first State Pay Commission recommended a higher pay 
scale which was turned down by Finance; and (iii) the revised educational. 
qualification for Sub-Registrar, a law degree, was the same as required for 
MunsilTs·. 
.. 
Subsequently the respondents filed an application for interim relief 
seeking permission to exercise option for the corresponding scale No. 17 
G of Rs. 2200-4000 equivalent to the old scale of Rs. &i0-1600 which was 
allowed by the High Court by its order dated 16th March, 1990. They also 
· filed an application seeking clarification of the Court's order dated March 
16, 1990 and by its order dated 30th March, 1990 the High Court permitted 
the officers belonging to the posts above the level of Sub-Registrars to o>pt 
H for corresponding scal

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