No.2223/2006 before the Tribunal, challenged the decision of the appellant rejecting their 1 representation for the grant of pay scale of Rs.7500-12000 to the Junior Design Officers as allowed to the Civilian Technical Officers (Design), consequent to the implementation of the Fifth Central Pay Commission.
Also Read: https://newslaw.in/supreme-court/illegality-of-arrest-under-pmla/
The Recruitment Rules for the post of CTOs (Design) were notified by SRO 132 dated 12.05.1982.
The Ministry of Finance reconsidered the said representation of the respondent-Association, however, again rejected the same by a speaking order on 07.04.2006. The main question that falls for consideration before this Court is whether the Tribunal and the High Court were justified in equating the posts of JDOs with CTOs, and in fixing the pay scales of JDOs equivalent to that of CTOs, in utter disregard of the legal position settled by this Court in catena of decisions to the effect that the Courts should not interfere with the complex issues of evaluating the nature of duties and responsibilities of posts, and of fixing the pay scales, which task otherwise is best done by the expert bodies like the Pay Commission.
Accordingly, the qualifications for 4 recruitment/promotion in the case of CTOs are higher than that of the JDOs; (ii) The probation period in case of CTOs is longer than that of JDOs; (iii) The duties and responsibilities attached to the posts of CTOs are more onerous, varied and challenging as compared to that of JDOs; (iv) The post of CTOs also exists in other streams like R&D in the revised pay scale of Rs.
Promotional hierarchy of JDO Promotional hierarchy of CTO (Design) Pay Scale 4 CPC 5 CPC 6 CPC 7 CPC 1 Principal Design Officer-I – L-13 2 Principal Design Officer Principal Technical Officer (D)*
Also Read: https://newslaw.in/case-type/criminal/conviction-upheld-in-high-court-in-a-case-of-deadly-assault/
L-12 3
Senior Design Officer GD-I Senior Technical Officer (D) L-11 4 Senior Design Officer GD-II – L-10 5 – Civilian Technical Officer (D) L-8 6 Junior Design Officer – L-7 7 Chief D’Man Chief D’Man L-7 8 Senior D’Man Senior D’Man L-6 9 D’Man D’Man# L-4 * New grade of PTO(D) created in the cadre restructuring on 29 Oct. Salman Khurshid appearing for the respondent-Association made the following submissions- (i)
The Fifth Pay Commission had ignored the fact that from the very beginning, the posts of JDOs and CTOs (Design) carried the same pay scales, as they were having the same duties and responsibilities.
Also Read: https://newslaw.in/case-type/criminal/statutory-right-of-default-bail-in-incomplete-chargesheet/
It has been consistently held by this Court in plethora of decisions that equation of posts and equation of salaries is a complex matter which is best left to an expert body unless there is cogent material on record to come to a firm conclusion that a grave error had crept in while fixing the pay scale for a given post and the interference of the Court was absolutely necessary to undo the injustice.
Case Title: UNION OF INDIA Vs. INDIAN NAVY CIVILIAN DESIGN OFFICERS ASSOCIATION THROUGH SHRI SWAPAN DEB (2023 INSC 152)
Case Number: C.A. No.-008329-008329 / 2011
