State Of U.P. And Ors vs Ministerial Karamchari Sangh on 15 October, 1997
It is well settled principle of law that
recommendations of the Pay Commission are
subject to the acceptance/rejection with
modifications of the appropriate Government.
So, unless the Government has accepted the
recommendation to merge the cadres, the Court cannot
proceed on the basis of the recommendation alone or to
direct the Government to accept the recommendation. In
this context we have also to take note of the decisions of this
Court in Dev Kumar Mukherjee (1995 Suppl. (2) SCC 640)
that the recommendations of pay scales are not open to
judicial review and the one in State of Uttar Pradesh vs.
Ministerial Karamchari Sangh (1998 (1) SCC 422) to the
effect that the evaluation of typists for the purposes of pay
scales must be left to the expert body.