G HANUMANTHA RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in these petitions have prayed for the issue of a writ in the nature of mandamus Directing the respondents to extend them the benefit of the pay scale of Rs. 150-300 with effect from 1-7-1959 or from the date of their appointment in the National Tuberculosis Institute Bangalore whichever is later.

(2.) Since common ouestions of law and facts arise for consideration in these petitions they are dispOfSed of by this common order.

(3.) The petitioners were appointed as Upper Divn Clerks in the National Tuberculosis Institute Bangalore (hereinafter referred to as the 'Institute') which is established by the Govt of India. Although they were called as Upper Divn Clerks the actual duties which they have been performing from the time of their appointment are those of Field Investigators. They belong to the non-ministerial category of the employees of tho Institute. On receipt of the II Pay Commission's Report the Govt of India implemented the same with effect from 1-7-1959. In so far as the petitioners were concerned their pay-scale was fixed at Rs. 130-300 on the basis of the recommendation of the Pay Commission that the UDCs should be placed in the pay scale of Rs. 130-300. It should be mentioned here that the recommendation of the Pay Commission in respect of Field Investigators who were Science Graduates working under the Govt of India was that the pay scale should be Rs.150-5-160-8-240-EB-8-280-10-300. The grievance of the petitioners in these cases is that at the time of the implementation of the recommendation made by the Pay Commission it was ordered by the Govt of India that the petitioners should be accorded the pay scale of Rs. 130-300 having regard to the fact that they had been designated as UDCs and without taking into consideration that the duties which they were actuallv performing were not the duties of UDCs but were the duties of the Field Investigators which were entirely non-ministerial in character.