STATE OF ORISSA Vs. PARIKHI PRADHAN

JUDGEMENT

(1.) There was a disparity in the pay scales of Traversers and Computers of the Office of Director, Survey and Map Publication, in the State of orissa which led to claim of parity by the disadvantaged of the two at different stages. By a decision of the orissa High court dated 23/12/1988, parity was ordered to be maintained but not by lowering the higher pay scale of any of the two. A special leave petition filed against that decision by the State government was dismissed by this court. Thereafter, the State government in 1987 revised the pay scales purporting to maintain parity between the two categories. This act of the government was challenged by the Traversers. The tribunal by the impugned judgment, after taking note of the background in which the controversy arose has given the following direction:

(2.) This appeal by special leave is filed by the State of orissa being aggrieved by the latter part of the above-quoted direction which requires the state government to consider the question of restructuring of pay scales in the light of the earlier decision of the High court maintaining parity of pay scales between the two categories.

(3.) The tribunal has noticed certain events subsequent to the earlier decision of the High court which occasioned re-examination of the question relating to the structure of pay scales of the Traversers and Computers. The observation of the 4th Pay Commission in Ch. 34 of its report dealing with the Revenue Department wherein the difference in the type of work done by the Traversers and Computers has been noticed appears to have been accepted by the State government. It also appears that an Anomaly committee was set up thereafter by the State government which also has examined this question and it has made certain recommendations relating to restructuring of the pay scales. The direction of the tribunal to the State government to consider the question of restructuring the pay scales of traversers and Computers in the light of the subsequent events does not suffer from any infirmity and, therefore, there is no occasion to interfere with the first part of the tribunal's direction. The impact of changes, if any, occasioned by subsequent events does require examination by the State government from time to time to provide appropriate conditions of service to the government servants. An in-depth examination of all the relevant facts and circumstances which determine the appropriate pay scales for any category of government servants can be more appropriately done in such an exercise only. During such an exercise, all the relevant facts and circumstances are to be examined with the assistance of all concerned,taking into account the stand of the government servants concerned. This part of the direction of the tribunal has, therefore, to remain.