(1.) BY this writ petition, the petitioner who was appointed as Director (Administration) in the erstwhile National Airport Authority of India seeks a higher pay -scale from the first date of his appointment. A claim for higher pay -scale, for the period after National Airport Authority of India merging into Airport Authority of India, is also claimed by alleging arbitrariness in the circular dated 9.2.1998 by asserting equivalence of petitioner with an Executive Director.
(2.) I put it to counsel for the petitioner that there can ordinarily be two basis to claim a higher pay -scale. First is that higher pay -scale is specifically provided by the service rules of the organization and the second basis is by application of doctrine of ,,equal pay for equal work.
(3.) ADMITTEDLY , the note dated 12.7.1990 only refers to the fact that the recommendation is given for higher scale of pay for being favourably considered by the administration. Same is the position as per the note dated 3.9.1990. Therefore surely there is no concluded contract with the petitioner for him to get higher pay -scale because National Airport Authority of India was functioning through the Board of Directors and there is no acceptance by the board for higher pay scale to the petitioner. Recommendations by anyone, unless accepted by the Board of Directors, cannot result in a higher pay -scale merely and simply because some people in the organization deem it fit that the Director (Administration) should get a higher pay -scale. The same logic even applies to the note dated 3.9.1990 and the views of the Chairman because Chairman of the National Airport Authority of India is subservient to the Board and it is only the board which is the final authority to decide the pay -scale. Counsel for the petitioner in spite of repeated queries could not point out any resolution of the Board of Directors of the National Airport Authority of India giving the specific higher pay -scale to the petitioner as is being prayed for by him. Accordingly in absence of any service rules of National Airport Authority of India or of any contractual promise made out through the resolution of the Board of Directors of the National Airport Authority of India, petitioner cannot get increased pay - scale as is prayed for by him.