Vs.

Judges: B.P.JEEVAN REDDY & K.S.PARIPOORNAN, JJ.

Date of Judgment: Mar 12, 1997

Administrative Tribunal

Held Tribunal should realise that interferring with pay scales is serious matter as pay scales fixed by Govt. by the recommendation of Pay Commission – No justification for interfering with pay scales – A Judicial member be associate with such matters.

We have noticed that quite often the Tribunals are interfering with pay scales without proper reasons and without being conscious of the fact that fixation of pay is not their function. It is the function of the Government which normally acts on the recommendations of a Pay Commission. Change of pay scale of a category has a cascading effect. Several other categories similarly situated, as well as those situated above and below, put forward their claims on the basis of such change. The Tribunal should realise that interfering with the prescribed pay scales is a serious matter. The Pay Commission, which goes into the problem at great depth and happens to have a full picture before it, is the proper authority to decide upon this issue. Very often, the doctrine of “equal pay for equal work” is also being mis-understood and mis-applied, freely revising and enhancing the pay scales across the board. We hope and trust that the Tribunals will exercise due restraint in the matter. Unless a clear case of hostile discrimination is made out, there would be no justification for interfering with the fixation of pay scales. (Para 5)