SHRI KANT TRIPATHI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this writ petition, petitioners seek implementation of the Fifth Pay Commission recommendations w.e.f. 1.1.1996 and not w.e.f 1.4.1998 as has been granted.

(2.) ON the aspect what should be the salary or the pay-scale of an employee of an Autonomous Organization, the Supreme Court in the case of Indian Drugs and Pharmaceuticals Ltd. vs. Workman, Indian Drugs and Pharmaceuticals Ltd. (2007) 1 SCC 408 has held that Courts should not interfere with respect to the administrative decisions as to what should be or should not be the salary of an employee. In the present case, fixing of a salary with retrospective effect, as prayed for by the petitioner, is an issue left with the administrative discretion of the autonomous organization who best knows the position of their financial resources, how are they to be utilized and the Courts would not interfere with such decisions of the administrative authorities. The relevant observations of the Supreme Court in the case of I.D.P.L (supra) read as under:-