State Of W.B vs Hari Narayan Bhowal on 16 March, 1994
8. Learned counsel for the respondents first of all raised the
preliminary objection that in a catena of judgments, the Hon'ble
Supreme Court has held that the matter of pay scales lies with
the Expert Bodies, like Pay Commission and it is not for the
Courts or Tribunals to fix the pay scales. He has placed reliance
on the judgments of Hon'ble Supreme Court in the matter of
State of West Bengal vs. Hari Narayan Bhowal reported in
1995 (1) SLJ 19, Union of India & Another vs. P. V.
Hariharan & Anr. SCC (L&S) 838 and Union of India & Ors.
vs. Makhan Chandra Roy AIR 1997 SC 239. Secondly, it is
argued that the duties and responsibilities, mode of recruitment
and educational qualification of the Goods Train Drivers and
Tower Wagon Drivers are different. Hence, the Tower Wagon
Drivers cannot compare themselves with Goods Train Drivers.
In this regard, they have shown difference between the two
posts, which are more or less the same as mentioned in their
order dated 15.11.2010.