LexSTATE OF WEST BENGAL versus SUBHAS KUMAR CHATTERJEE & ORS.
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A B c [2010] 10 S.C.R. 108 STATE OF WEST BENGAL V. SUBHAS KUMAR CHATTERJEE & ORS. (Civil Appeal No. 5538 of 2008) AUGUST 17, 2010 [B. SUDERSHAN REDDY AND SURINDER SINGH NIJJAR, JJ.] Administrative Tribunals Act, 1985: s. 19 - Application before tribunal by certain employees of West Bengal, seeking revision of scale of pay and fixation of benefits - Tribunal directing the Chief Engineer to decide the application - Chief Engineer revising the scale of pay - 0 Order of tribunal acceptin_g claim of employees accordingly - Upheld by High Court - On appeal, held: In the State of West Bengal pay scales are fixed under statutory Rules - Administrative tribunals by their orders cannot create! constitute any quasi-judicial authorities and entrust matters E for their decision which otherwise are not within their jurisdiction - Order of tribunal directing Chief Engineer to decide the dispute with regard to pay scales is void ab initio and cannot be given effect to - Administrative decisions by executive authorities do not bind the courts, much less operate as res judciata - No court can issue Mandamus directing the F authorities to act in contravention of the Rules - Decision of Chief Engineer being contrary to ROPA Rules, 1998, cannot be enforced even if such a decision was taken under the directions of the tribunal - Orders of High Court as well tribunal G set aside - Constitution of India, 1950 - Article 226 - Service law - West Bengal Services (Revision of Pay and Allowances) Rules, 1998 - Res judciata. H s. 19 - Jurisdiction of tribunal - Tribunal directing 108 STATE OF WEST BENGAL v. SUBHAS KUMAR 109 CHATTERJEE & ORS. application to be decided by executive authority- Held: Power A conferred upon the Administrative Tribunals under the provisions of the Act flows from Article 323-A of the Constitution - Such power can never be delegated except under a valid law made by Parliament - Tribunals in the country henceforth should not repeat such practice of sending B the original applications filed before them to the Executive Authorities for their disposal - Constitution of India, 1950 - Article 323-A. The post of Senior Laboratory Assistant, in the Roads c and Buildings Research Institute and various other divisions under the Public Works (Roads) Department, is the feeder post to the Research Assistant. Under the Revision of Pay and Allowances Rules, 1981, the pay scale for the post of Research Assistant was fixed at scale o no. 9 (Rs. 300-910) and for the post of Senior Laboratory Assistant at scale no .. 6 (Rs. 300-685). The Senior Laboratory Assistants filed a writ petition claiming scale no. 11 under the Rules on the allegation that they were performing similar duties as that of Senior Research E Assistants. The Single Judge of the High Court granted scale no. 11, however, passed a direction that the said pay scale would be paid w.e.f 1st April, 1981. The 3rd Pay Commission constituted for the State of West Bengal granted only scale no. 6 (revised to Rs. 1040-1920) to the F Senior Laboratory Assistants and scale no. 9 (revised to Rs. 1260-2610) for the Research Assistants. The State Government framed West Bengal Services (Revision of Pay and Allowances) Rules, 1990 allowing scale nos. 6 and 9 respectively to the Senior Laboratory Assistants G and Research Assistants. The 4th Pay Commission retained the same pay scales. However, the pay structure was revised. The State Government of West Bengal framed West Bengal Services (Revision of Pay and Allowances) Rules, 1998; H 110 SUPREME COURT REPORTS (2010] 10 S.C.R. A Thereafter, the respondents-Research Assistants filed an application before the tribunal seeking revision of scale of pay and fixation of benefits w.e.f 1st April, 1981 in scale no. 14. The tribunal directed the Chief Engineer, Public Works (Roads} Directorate to dispose of the B application by a reasoned order. The Chief Engineer extended the scale no. 11 to the respondents. Thereafter, .the tribunal directed the State to revise the pay scale in terms of the orders of the Chief Engineer. The appellant- State filed a writ petition. The High Court dismissed the C writ petition and upheld the order passed by the tribunal. Therefore, the appellant-State filed the instant appeal. Allowing the appeal, the Court HELD: 1.1 The tribunals cannot travel beyond the D power conferred on them and delegate their essential function and d
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