S S SRIVASTAVA Vs. UNION OF INDIA

JUDGEMENT

(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 1/01/1973 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 12/09/1977 with effect from 12/07/1977. 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 1/01/1973. The date 12/07/1977 from which it has been given effect to cannot be considered to be arbitrary.

(2.) The Writ Petition fail and are dismissed. No costs.