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Gauhati High Court · body

1997 DIGILAW 53 (GAU)

Manipur Co-Operative Department Officers Association v. State of Manipur

1997-03-31

A.K.PATNAIK

body1997
In this application under Article 226 of the Constitution, the petitioner has prayed for a direction on the respondents to release and pay to the Sub-Registrars, Co-operative Societies, Govt. of Manipur, monthly salary and allowances in the scale of pay of Rs. 1,600-2,600 PM with effect from 1st January, 1988 and to revise the scale of pay of such Sub Registrar, Co-operative Societies, to Rs. 2,200-3,550PM with effect from 1.7.88. 2. The petitioner is a society registered under the Societies Registration Act and consists of officers working in the Co-operative Department of the Govt. of Manipur. One group of officers working in the said Co-operative Department were Inspectors, Grade I who were drawing a pay scale of Rs.720 -1470 PM under the Manipur Services (Revision of Pay) Rules, 1982 (for short the 'ROP 1982') and a pay scale of Rs. 1,400 - 2,300 PM under the Manipur Services (Revision of Pay) Rules, 1987 (for short the ROP 1987), Inspector, Co-operative Societies, Grade I were, however, redesignated as Sub Registrars, Co-operative Societies by order dated 3rd December, 1987 of the Govt. of Manipur in the Co-operative Department. According to the petitioner, the scale of pay of Sub Registrars Co-operative Societies, was revised to Rs.l,600-50-2,300-EB-60-2,660 PM with the due approval of the Manipur Public Service Commission by an order dated 17th February, 1989 published in Manipur Gazette dated 1.3.89. Thereafter by notification dated 19th August, 1989, the Manipur Services (Revision of Pay) Rules, 1989 (for short the ROP 1989) were framed under Article 309 of the Constitution, revising with effect from 1.7.88, the scales of pay of different categories of employees working under the Manipur Govt. and in the said ROP 1989, the pay scale of those employees who were drawing a pay scale of Rs. 1,600 - 2,660 PM such as SDC of Revenue Department or Sub Registrars of the Registration Department was revised to Rs.2,200 - 3,550 PM, but the pay scale of Sub Registrars, Co-operative Societies was revised to only Rs. 1,875 - 3,065 PM. 3. At the hearing of this civil rule, Mr. HNK Singh, learned counsel for the petitioner, contended that a bare perusal of the relevant item in the Schedule to the ROP 1989 would show that the scale of pay of Sub Registrar, Co-operative Societies, before revision was taken as Rs. 1,400-2,300 PM whereas it was actually Rs. 3. At the hearing of this civil rule, Mr. HNK Singh, learned counsel for the petitioner, contended that a bare perusal of the relevant item in the Schedule to the ROP 1989 would show that the scale of pay of Sub Registrar, Co-operative Societies, before revision was taken as Rs. 1,400-2,300 PM whereas it was actually Rs. 1,600/- 2,660 PM as per order dated 17th February, 1989. According to Mr. HNK Singh, if the scale of pay of the Sub Registrar, Co-operative Societies, before revision is taken as Rs. 1,600-2,660 PM, then under the ROP 1989, the scale of pay should have been revised to Rs.2,200 - 3,550 PM as has been done in the case of all other employees who were drawing a pay in the scale of Rs. 1,600 -2,660 before its revision under the ROP 1989. He, therefore, submitted that the Court should direct the respondents to release the arrear pay and allowances to all Sub Registrars, Co-operative Societies at the scale of Rs. 1,600 - 2,660 PM for February, 1989 and to revise the pay scale of the said Sub Registrars, Co-operative Societies to Rs.2,200 - 3,550 PM with effect from 1.7.88 and to direct the respondents to release the arrears of salary and allowances accordingly. 4. Mr. Shyam Kishore Singh, learned Govt. Advocate, State of Manipur, 8 however, submitted relying on the affidavit-in-opposition filed on behalf of the respondent No. 3 that even after the redesignation of the Inspectors, Co-operative Societies, Grade I as Sub Registrars, Co-operative Societies their scale of pay was Rs.720 -1,470 PM under the ROP 1982 and Rs. 1,400-2,300 PM under the ROP 1987, and they were not revised to Rs. 1,600 - 2,660 PM as claimed by the petitioner. He further submitted that the scale of pay of Sub Registrars, Co-Operative Societies, was revised to Rs. 1,875 - 3,065 PM on the basis of the recommendation of the Manipur Third Pay Commission and cited a series of decisions of the Supreme Court including the case of Secretary, Finance Department & others vs. West Bengal Registration Service Association & others, AIR 1992 SC 1203 , for the proposition that equation of posts and determination of pay scales is the primary function of the executive and not the judiciary and ordinarily Courts will not enter upon the task of job evaluation which is generally left to expert bodies like the Pay Commission. 5. I find a lot of force in the aforesaid submission of Mr. Shyam Kishore Singh, Govt. Advocate, Manipur. Admittedly, Sub Registrars, Co-operative Societies were drawing a scale of pay of Rs. 1,400 - 2,300 PM under the ROP 1987 and the Manipur Third Pay Commission appears to have gone into the question of revision of pay scales of different categories of employees working under the Manipur State Govt. under the ROP 1987 and submitted its recommendations and the State Govt. has after considering the said recommendations revised the scale of pay of Sub Registrars, Co-operative Societies to Rs. 1,875 - 3,065 PM. As has been held by the Supreme Court in the case of Secretary, Finance Department & others vs. West Bengal Registration Service Association & others (supra) cited by Mr. Shyam Kishore Singh, several factors have to be kept in view while evolving a pay structure and the horizontal-and vertical relativities have to be carefully balanced keeping in mind the hierarchical arrangements, avenues of promotion etc and such a carefully evolved pay structure on the basis of the recommendations of an expert body such as the Pay Commission ought not to be ordinarily disturbed unless there is cogent material on record to come to a firm conclusion that a grave error had crept in while fixing the pay scale for a given post and Courts interference is absolutely necessary to undo the justice. 6. The petitioner has not placed before, the Court any material to show that the Sub Registrar, Co-operative Societies, have suffered any injustice by the revision of their pay scale to Rs. 1,875 - 3,065 PM under the ROP 1989 except stating in paragraph 9 of the petition that before revision, their pay scale was Rs. 1,660 -2,660 PM as per the order dated 17th February, 1989, published in the Manipur Gazette. But in the affidavit-in-opposition, the respondent No.3 has clearly stated that their pay scale before revision was Rs. 1,400 - 2,300 PM which was accepted and followed and there was no formal revision of the said pay scale, and they were never formally allowed the pay scale of Rs. 1,660 - 2,660 PM. But in the affidavit-in-opposition, the respondent No.3 has clearly stated that their pay scale before revision was Rs. 1,400 - 2,300 PM which was accepted and followed and there was no formal revision of the said pay scale, and they were never formally allowed the pay scale of Rs. 1,660 - 2,660 PM. On these materials, the Court cannot interfere with the pay scale of Sub Registrars, Co-Operative Societies, fixed under the ROP 1989 on the basis of the recommendations of the Third Pay Commission nor can the Court direct the respondents to pay arrear salary and allowances of the scale of pay of Rs. 1,600 to 2,260 PM from 1.1.89. 7. In the result, the writ petition is dismissed. But considering the facts and circumstances of the case, the parties shall bear their own costs.