UNION OF INDIA Vs. SANTIRAM GHOSH

JUDGEMENT

(1.) THIS appeal by special leave preferred by the Union of India and others is directed against the judgment of the Central Administrative Tribunal, Calcutta Bench, Calcutta, whereby the Tribunal set aside the Award of the Board of Arbitrators and directed the appellants to accord the benefit of the scale of pay of Rs. 550-900 to the Scientific Assistants working in the Botanical Survey of India with effect from 1/01/1973 with all consequential reliefs.

(2.) BEFORE 1/01/1973, the scale of pay of the Scientific Assistants in the Botanical Survey of India was Rs. 210-425. The Third Central Pay Commission, hereinafter referred to as the 'Pay Commission', made certain recommendations with respect to the Scientific Assistants. Clause (i) of paragraph 41 of the Report of the Pay Commission reads as follows:-

(3.) THE respondents Nos. 1 to 8, who are working in the Office of the Botanical Survey of India as Scientific Assistants, claim that they should be given the pay-scale of Level-I, that is, Rs. 550-900, as recommended by the Pay Commission. THE demand of the respondents was considered by a Committee constituted by the Office Council of the Joint consultative Machinery. THE Committee, which was headed by Dr. A. S. Rao, came to the conclusion that the posts of Scientific Assistants in the Botanical Survey of India should be allocated the pay-scale of Rs. 550-900 in terms of the recommendation of the Third Pay Commission. As the Government did not agree to the conclusion of the A. S. Rao Committee, the matter was referred to a Board of Arbitrators on 17/07/1980. THE terms of reference to the Board of Arbitrators were as follows :-