TELECOMMUNICATION RESEARCH CENTRE SCIENTIFIC OFFICERS (CLASS I) ASSOCIATION AND OTHERS versus UNION OF INDIA & OTHERS

Citation: [1987] 1 S.C.R. 1007 · Decided: 16-01-1987 · Supreme Court of India · Bench: E.S. VENKATARAMIAH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

TELECOMMUNICATION RESEARCH CENTRE SCIENTIFIC 
OFFICERS (CLASS I) ASSOCIATION AND OTHERS 
v. 
UNION OF '!NOIA & OTHERS 
JANUARY 16, 1987 
[E.S. VENKATARAMIAH AND K.N. SINGH. JJ. ] 
Constitution of India, 1950: Articles 14 and 16: Civil Services-
Pay parity-Scientific and Technical Officers, class I. Telecommunica-
tion Research Centre-Direct recruits through ,Union Public Service 
Commission-Denied special pay admissible to-Departmental Trans-
ferred Officers Class I-Held discriminatory and, ultra vires. 
The recruitment to Class I posts in the Telecommunication 
Research Centre of the Posts and Telegraphs Department is made partly 
by direct recruitment through the .Union Public Service Commission 
and partly through trasfer of Group A and Group ·B Field Officers. The 
officers brought into the Centre on transfer were being paid special pay 
in addition to their pay. The direct recruits were denied this privilege. 
The petitioners 2 to 22, members of the first petitioner-Associa-
tion, who belong to tbe direct recruits category and are working in the 
Centre on the same posts, and possess same qualifications, discharge 
same functions and duties as the transferred officers, and are in the 
same pay scales, assailed the denial of special pay to them as. dis-
criminatory and violative of Articles 14 and 16 of the Constitution. Their 
cllaim was contested by the Department and the discrimination was 
sought to be justified on the ground that the direct recruits were specifi-
cally recruited to the Centre for a limited purpose and their capability, 
as against transferred officers, selected by the Union Public Service 
Commission after rigorous competitive examination, of taking. over a 
complete group and directing them to fruitful research was doubtful. 
Allowing the writ petitions, the Court, 
HELD: I. Denial of special pay to Class I direct recruits in the 
Telecommunication Research Centre amounts to violation of-Articles 14 
and 16 of the Constitution. They are entitled to the special pay at the 
same rates at which it is paid to the transferred officers working in that 
Centre with effect from the date from which the latter have been draw-
ing it. [10138-C] 
-
1007 
A 
B 
c 
D 
E 
F 
G 
H 
1008 
SUPREME COURT REPORTS 
[1987] 1 S.C.R. 
A 
2.1 It is not the case of the Government that the petitioners are 
not eolnpetent and are not able to di5charge their duties. All the rele-
vant things such as qualifications, functions, duties and responsibilities 
are the same as between the direct recruits and the transferred officials. 
Their scale of pay is also the same. [lOllG-H) 
B 
2. 2 The special pay is not being paid to the transferred officials 
for compensating their displacement or for their qualifications. It is not 
deputation allowance. It is paid for the arduous and special nature of 
the functions to be discharged in the Telecommunication Research 
Centre. The rigorous test is applied while transferring them to the 
Centre lo prevent· persons of inferior calibre amongst them getting into 
C it. lt does not mean that persons who are directly recruited and working 
in the Centre are inferior to those who enter the Centre by transfer. Nor 
it could be said that the transferred officials had lo perform in the 
Centre duties which were not in their general line. There was, thus, no 
justification to deny the special pay al the same rates lo the direct 
D 
recruits working in that Centre. [lOllH; 1012A-B; 1013A) 
' 
Randhir Singh v. Union of flldia and Others, (1982) 3 SCR, 298 
and M.P. Singh & Others v. Union of India, Writ Petition Nos. 
13097-13176of1984, decided on January 16, 1987, applied. 
Union of India lo pay special pay lo the direct rerruits with effect 
E Jtollt the date on which the transferred officers commenced to draw it 
upto date and to continue to pay it in future also as long as the transfer-
red officers continue to get it. [1013C-D) 
F 
ORIGINAL JURISDICTION: Writ Petition Nos. 3269-3290 of 
1982 
(Under Article 32 of the Constitution of India). 
M.S. Ganesh for the Petitioners. 
V. Kanth, C.V. Sobba Rao, Ms. Halida Khatun, N.S. Das 
G Bahl and D.N. Misra for the Respondents. 
The Judgment of the Court was delivered by 
VENKAtARAMIAH; J. The first petitioner in these petitions is 
the Telecommunication Research Centre Scientific Officers (Class I) 
H Association. the petitioners 2 to 22 are its members. they are working 
+ 
TELE. RESEARCH CENTRE v. U.0.1. lVENKATARAMIAH, J.I 1009 
as officers i
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