SooperKanoon Citation | sooperkanoon.com/664199 |
Subject | Service |
Court | Supreme Court of India |
Decided On | Feb-04-1987 |
Case Number | Writ Petitions Nos. 677-688 of 1980 |
Judge | E.S. Venkataramiah and; Sabyasachi Mukharji, JJ. |
Reported in | 1987Supp(1)SCC79 |
Appellant | S.S. Srivastava and ors. |
Respondent | Union of India (Uoi) and ors. |
Disposition | Writ petition Disposed |
E.S. Venkataramiah and; Sabyasachi Mukharji, JJ.
1. The question before the Third Pay Commission was whether any step should be taken to remove the stagnation at the level above the Senior Scale Officers in the Indian Forest Service. The Pay Commission recommended for that purpose that a Selection Grade above the Senior Scale might be created at the level above the Senior Scale Officers. The Government did not accept that recommendation and the Conservators of Forests were granted the pay scale recommended by the Pay Commission with effect from January 1, 1973 without creating a Selection Grade at that level. But the Government later on created a Selection Grade at the level of Deputy Conservators of Forests on September 12, 1977 with effect from July 12, 1977. The question of creating a Selection Grade at the level of the Deputy Conservators of Forests was not at all in the contemplation of the Pay Commission. Hence the creation of the Selection Grade at the level of Deputy Conservator cannot be linked with the recommendations of the Pay Commission. The Government was not, therefore, bound to give effect to the Selection Grade created by it with effect from January 1, 1973. The date July 12, 1977 from which it has been given effect to cannot be considered to be arbitrary.
2. The writ petitions fail and are dismissed. No costs.