LexSRI SURYANARAYAN SAHU ETC. versus THE COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH
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A B SRI SURYANARAYAN SAHU ETC. v. THE COUNCIL OF SCIENTIFIC AND INDUSTRIAL RESEARCH NOVEMBER 25, 1997 [SUJATA V. MANOHAR AND D.P. WADHWA, JJ,] Constitution of India-Articles 14, 16, 39(d)-Different scales of pay- C Classification based on experience-Held valid Service law-Equal pay for equal work-Parity in employment- Different scales adopted for employees working in the same grade-First 50% paid a higher scale while the remaining 50% paid a lower scale- Rationality of-Not unreasonable or arbitrary-Different scales of pay can D be granted, based on experience and merit, to the employees working in the same grade. Pay commission-Recommendations of-Council of Scientific and Industrial Research-Held, C.S.l.R. being an autonomous body is not bound to adopt all the recommendations of the Third Pay Commission-The revision E of pay scales of its employees broadly on the pattern of the Third Pay Commission with slight deviations held valid. The appellant in C.A. 507/93 was appointed as a Tracer w.e.f. 4-3-1965 in the Regional Research Labotatory, Bhubneshwar, a unit of the Council of Scientific and Industrial Research (C.S.l.R.) in the pay scale of Rs. 110-200. F On 18-11-1967, he was promoted to the post of Junior Draughtsman in the scale of pay of Rs. 115-240. On 29-4-1974, he was further promoted to the post of Senior Draughtsman in the scale of pay of Rs. 380-640. The Third Pay Commission gave its recommendations which were accepted by the Central Government w.e.f. 1.01.1973. The C.S.l.R. adopted G the broad pattern of the Government of India scale of pay as recommended by the Third Pay Commission. The C.S.l.R. revised the scales for the Draughtsmen accordingly. The Junior Draughtsmen were placed in the pay scale of Rs. 330-560. The Senior Draughtsmen were further placed in two pay scales. The first 50% were placed in the pay Scale of Rs. 425-700 w.e.f. H 1-6-1978. The remaining 50% of the Senior Draughtsmen who were lower 440 • SURY ANA RAY AN SAHU v. C.O.S. AND l.R. 441 in seniority were placed in the pay scale of Rs. 380-640 till they got seniority A to fall within the first 50% of the posts to come in the scale of Rs. 425-700. The appellant who was a Senior Draughtsman was accordingly placed in the scale of Rs. 425-700 w.e.f. 1-8-79 when he gained the seniority. As per the new assessment promotion scheme adopted by the C.S.I.R, the next higher grade of the Senior Draughtsmen was in the scale of Rs. 550-900 B and the appellant was to be assessed for promotion to this higher grade after five years in the scale of Rs. 425-700. The appellant was thus granted the scale of Rs. 550-900 w.e.f. 1-08-1985 after he had appeared before the Expert Committee. The appellant moved an application before the Central Administrative Tribunal, with a prayer to grant him scale of Rs. 425-700 from 01-01-1973 as Junior Draughtsman and the scale of Rs. 550-900 from 29-04-1974 as Senior Draughtsman. c The Tribunal directed that the appellant be given a scale of Rs. 425- D 700 w.e.f. 29-04-1974 when he was promoted as Senior Draughtsman. Aggrieved, the appellant filed appeal before this Court and C.S.l.R. filed the cross appeal . On behalf of the appellant employee, it was contended that he should E be given the scale of Senior Draughtsman as applicable to the Central Government employees as otherwise the principle of "Equal pay for equal work" would be flouted. On behalfof the C.S.l.R., it was contended that the Draughtsmen of the C.S.l.R. get one assessment promotion under the new recruitment and F assessment scheme after a specified period irrespective of the availability of post and that such a scheme of promotion was not available in any other services in the Government of India . Dismissing the appeal of the employee and allowing that of the C.S.J.R., G this Court HELD: I. I. Turibunal was not right in holding that C.S.I.R. violated the principle of "equal pay for equal work" when it resolved that 50% of the members of the cader of Senior Draughtsmen would be placed in higher scale of pay leaving the other 50% for the lower scale of pay. It would be H 442 SUPREME COURT REPORTS I 1997] SUPP. 5 S.C.R. A seen that revised pay scales for Draughtsmen in the C.S.J.R. are more beneficial to them than what was given in the Third Pay Commission and which recommendation had been accepted by the Central Government for its employees.1451-F-GI 1.2. Principle of law which has
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