L. As was stated earlier, fixing of pay scales is the domain of the pay
commission and it is best left to the commission to decide since they have the
requisite expertise. This Tribunal cannot sit on judgment of the wisdom of the
pay commission. The recommended grade pay for TO (A) is Rs.4600 by the Pay
Commission and it has to be honoured. It would be pertinent to bring on record
one another verdict of the Hon‟ble Supreme Court in regard to recommendations
of the pay commission in State of Bihar v. Bihar Veterinary Assn.,(2008) 11
SCC 60, wherein it was held as under:
It has been observed that equation of posts and equation of pay
structure being complex matters are generally left to the executive
and expert bodies like the Pay Commission, etc.
b. State of Bihar v. Bihar Veterinary Assn., (2008) 11 SCC 60, at
page 64 :
(unederlining ours)
15
The Supreme Court also considered this
question in the case of State of Bihar & others Vs.
Bihar Veterinary Association and others (2008(2)
PLJR(SC) 176) and observed that disturbing the
recommendation of the pay scale shall have
cascading effect and the Court in exercise of its
power of judicial review shall be slow to do that.
This well established principle of law was reiterated in State of Bihar & Ors vs. Bihar Veterinary Association & Ors [(2008) 2 SCC (L&S) 111]. In this case a mechanical application of the principle of equal pay for equal work was not favoured; besides the adverse consequences by way of the possible cascading effects and multiple litigations were also taken note by the Honble Apex Court.
(i) It has been ruled by Honble Supreme court that the recommendations of an expert body which include the pay scales recommended by Pay Commissions should not be disturbed as the same depend on several factors and the balancing so done by the expert bodies if disturbed would lead to a cascading effect. (State of Bihar vs. Bihar Vetrinary Association, AA No.1507 of 2008 decided on 22.02.2008). (Annexure-6).
On the other hand, deriving support and strength from a Division Bench decision of
this Court in the case between State of Bihar & Ors. Vs. Bihar Veterinary Association &
Ors., as reported in (2008) 11 SCC 60, it was submitted on behalf of the respondents that
Courts should not ordinarily upset the recommendation of the expert bodies as that has a
cascading effect leading to multifarious litigation.