ASHOK KUMAR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The instant petition filed by one Shri Ashok Kumar, Compounder, is directed against order dated 8.5.1997, passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for brevity, 'the Tribunal'), passed in OA No. 470-HR of 1997, rejecting the claim made by the applicant-petitioner that since the pay scale of the post of Compounder has not been revised, he should be paid the pay scale equivalent to the post of Pharmacist.

(2.) The Tribunal has rejected the claim on two grounds. Firstly, the Tribunal has placed reliance on a 7-Judge Constitution Bench judgment of Hon'ble the Supreme Court rendered in the case of S.S. Rathore v. State of M.P., 1990 AIR(SC) 10, and has held that once the pay scales were revised in the year 1986, the applicantpetitioner had cause of action at that time and should have filed the petition within one year. According to the view taken by the Tribunal the filing of the repeated representations would not enlarge the period of limitation envisaged by Section 21 of the Central Administrative Tribunal Act, 1985. Even on merit, the Tribunal has held that the matter concerning pay scales are best left to the discretion of expert bodies like the Pay Commission and should not normally be interfered with by the judicial bodies. In that regard reliance has been placed on another judgment of Hon'ble the Supreme Court in the case of State of U.P. v. J.P. Chaurasia, 1989 1 SCC 121.

(3.) Mr. V.G. Dogra, learned counsel for the applicantpetitioner has argued that once the pay scale of the post of Compounder was not revised it would not mean that the applicantpetitioner would continue to draw the un-revised pay scale of Rs. 330-560. According to the learned counsel the revision in respect of the pay scale of the post of Compounder probably has not been ordered on account of the reason that the Government had issued instructions on 19.7.1955 that the expression of 'Compounder' be not used. Those instructions were reiterated on 6.4.1987 (P-3). It has been emphasised that the post of Compounder, in fact, is a post of Pharmacist and, therefore, it should be granted the pay scale of Pharmacist, which is Rs. 1350-2200. On the question of limitation, learned counsel has submitted that with regard to matter concerning fixation of pay, no period of limitation would be applicable because the cause of action would arise every month when the applicantpetitioner is given the pay of that month. In support of his submission, learned counsel has placed reliance on a judgment of Hon'ble the Supreme Court rendered in the case of M.R. Gupta v. Union of India, 1996 1 SCT 8.