STATE OF MIZORAM Vs. MIZORAM ENGINEERING SERVICE ASSOCIATION

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28th February, 1997 passed by a Division Bench of the Gauhati High Court. By the impugned judgment the Division Bench dismissed the appeal against the judgment dated 17th May, 1996 passed by the learned single Judge. The learned single Judge had allowed a writ petition filed by respondent herein challenging a notification No.G.12011/3/87 F.Est dated 3rd February, 1989 whereby certain categories of engineers in the State Engineering Service had been excluded for purposes of revision of pay scales accepted by the State vide notification No.G.12011/3/87F.Est dated 19th January, 1989. The Mizoram Engineering Service Association (respondent) has been demanding higher pay scales for its members. The background is that prior to 1971 what is now known as the State of Mizoram was a district called the Lushai Hills District within the State of Assam. From 1971 to 1986 Mizoram was a Union Territory under the North Eastern Areas Reorganisation Act, 1971. It attained full state-hood on 20th February, 1987. In 1974 when the State was a Union Territory, the Government of India constituted a Departmental Pay Committee to suggest scales of pay and allowances for employees of Mizoram on the pattern of Central Government employee vide Ministry of Home Affairs letter No. 1-3-1973MP dated 4th November, 1974. On the recommendation of the said Departmental Pay Committee, the Government of India revised the scales of pay and allowances for the employees of the State of Mizoram w.e.f. 1-1-1973. On a demand made by Superintending and Executive Engineers of the respondent Association for equalizing their respective scales of pay with their counterparts in the Central Public Works Department, the Government of India vide letter dated 16-10-1983 intimated to the Secretary to the Mizoram Administration, Public works Department conveying the sanction of President of India for revision of pay scales of the Engineers (Group A posts) in tune with the pay scales enjoyed by the engineers in the CPWD.

(2.) The Government of India accepted the Fourth Central Pay Commission Report regarding revision of pay scales for Group A, B, C, D and E posts in the Central Civil Services w.e.f. 1-1-1986. The recommendations of the Fourth Central Pay Commission accepted by the Government of India became applicable for the civil services in Mizoram also. The Central Civil Services (Revised Pay) Rules, 1986 came into force w.e.f. 1-1-1986 and they were made applicable to the employees forming part of the civil services in Mizoram. Certain representations were made on behalf of employees for removal of anomalies resulting from the Fourth Central Pay Commission Report. In 1987 an Anomalies Committee was appointed to look into the alleged anomalies and make suitable recommendations. The recommendations of the Anomalies Committee created further anomalies rather than resolving them. On 7th November, 1988 another Anomalies Committee was appointed. The report of the Anomalies Committee was accepted by the Government of the State of Mizoram. A notificaiton No. G. 12011/3/87F.Est. dated 19th January, 1989 accepting the recommendations was issued. Soon thereafter the State Government issued another notification dated 3rd February, 1989 (the impugned notification) to the effect that the scales of pay for Group A officers as mentioned in paras 28 of Schedule A and Schedule B did not include pay scales for MCS officers/MPS officers whose pay scales were governed by their respective service rules. The notification further excluded engineering officers of the rank of Executive Engineer and Superintending Engineer from the benefits of the notification dated 19th January, 1989. This notification was challenged by the respondent Association by filing a Writ Petition in the Gauhati High Court. In the writ petition the first prayer was with regard to quashing the notification dated 3rd February, 1989 which excluded the Executive Engineers and the Superintending Engineers from getting the benefit of revised pay scales under the notification of the State Government dated 19th January, 1989. The second prayer was with respect to the Chief Engineers and Additional Chief Engineers seeking directions that they should get the conversion scale of pay of Rs. 5900-6700 and Rs. 4500-5700 respectively instead of the revised scales of pay prescribed for them by the State Government. The scale of Rs. 5900-6700 for the Chief Engineer and Rs. 4500-5700 for Additional Chief Engineer demanded by the respondent Association was as per the recommendations of the 4th Central Pay Commission and was the same as was being allowed to incumbents holding equivalent posts in the Central Public Works Department. The learned single Judge allowed the writ petition granting both the prayers of the writ petitioner.The appeal against the judgment of the learned single judge was dismissed by the Division Bench. The present appeal is directed against the said judgment of the Division Bench.

(3.) We have heard the learned counsel for the parties at length. At the outset we may note that the learned counsel for the appellant has not seriously challenged the impugned judgment so far as it grants relief to the Executive Engineers and Superintending Engineers by quashing the notification dated 3rd February, 1989. The challenge in the appeal is mainly directed against the scale of pay granted to the Chief Engineers and Additional Chief Engineers i.e. Rs. 5900-6700 and Rs. 4500-5700 respectively. In this connection following points have been raised :