Union Of India & Ors vs Vartak Labour Union on 4 March, 2011
4. Thus, as can be seen from the note, as reproduced above, proposal of the MOUD for upgradation of Grade Pay of posts of Superintendent from Rs.4200 to Rs.4600/- has been rejected, whereas proposal for upgradation of Grade Pay of the posts of Assistant Director (A/cs.) from Rs.4800 to Rs.5400 has not been finally approved, but the matter has been remitted back to examine the matter in the light of the decision obtained in respect of seniors posts in the organizations outside the Secretariat and thereafter refer the case with comparative position to the Implementation Cell for consideration. Thus, according to us, inter-departmental communication and noting in the departmental file do not have the sanction of law, creating a legally enforceable right and cannot be said to be an order against which applicants can file OA. The aforesaid issue was considered by the Apex Court in the case of Union of India & Ors. v. Vartak Labour Union, 2011 (3) SCALE 246, whereby the Apex Court in paras 14 & 15, relying upon its earlier judgment has made the following observations: