BINOY KUMAR MUKERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) In or about 1959 a number of presons were appointed as surveyors in the All India Soil and Land Use Survey Scheme, under the Ministry of Food and Agriculture, which we will call 'the Scheme'. The appellant was one such, and was appointed on 2nd November 1959. The scale of pay of these surveyors was Rs. 60-150. On 3rd February 1960, they sent a representation to the concerned authority requesting that as surveyors in other organisations of the Government of India were given a pay scale of Rs. 100-185 they ought to receive the same, as their qualifications and duties were similar to those of the other surveyors. The higher scale was apparently paid to surveyors in the Oil and Natural Gas Commission, Geological Survey of India, Indian Bureau of Mines, Atomic Energy Commission, Ministry of Steel, Mines and Fuel and the Exploratory Tubewells Organisation. By a letter dated 30th June 1960, surveyors in the Scheme were informed that the scales of pay of Central Government Employees were under revision by the Second Pay Commission, and no further action could be taken until the revised scales of pay were announced by the Government,

(2.) The President gave effect to the recommendations of the Second Pay Commission by promulgating the Central Civil Services (Revised Pay) Rules 1960 on 2nd August 1960. Rule l(ii) gave retrospective effect to the revised scales of pay, specified in the schedule to the Rules, as from 1st July 1959. Certain amendments were made in the schedule by a notification published on 26th October 1960. As a result of the Revised Pay Rules, as amended, the scale of pay of surveyors employed in the Scheme was raised to Rs. 110-200, whereas that of surveyors in the other organisations was raised to Rs. 150- 240. This difference existed because their respective previous scales were different, it seems, that in implementing the report of the Second Pay Commission, surveyors in the Scheme were treated on par with draftsmen and tracers, and not surveyors. Thus, notwithstanding the fact that their pay scale was raised by the Rules, the grievance of surveyors in the Scheme that they were not treated on par with surveyors in other governmental organisations survived.

(3.) So, they continued to make representations, over a number of years, seeking redress. Their perseverance ultimately bore fruit. By a letter dated 15th June 1966 they were informed that the President had sanctioned the scale of Rs. 150-240 for them, to take effect from 1st July 1966, thus bringing them on par with other surveyors. But, they were still not entirely content. Having got thus far, they claimed that this revision in their scale of pay ought to have been made retrospective to take effect from 1st July 1959. To this end, a number of further representations followed which were ultimately rejected by the President; and by a letter dated 22nd August 1967, surveyors in the Scheme were informed accordingly. The appellant then filed a petition in this court seeking appropriate orders, in the nature of certiorari and mandamus, as would secure that the revision in his scale of pay made by the order of 15th June 1966 would have retrospective effect from 1st July 1959. A learned Single Judge of this Court dismissed that petition, and the appellant has appealed.