Ganpat Lal Choudhary vs State Of Chhattisgarh

Arup Kumar Goswami, CJ

Heard Mr. C. Jayant K. Rao, learned counsel for the appellants. Also heard Mrs. Astha Shukla, learned Government Advocate, appearing for the respondents.

This writ appeal is presented against an order dated 15.09.2021 passed by the learned Single Judge in WPS No.3335 of 2013, dismissing the writ petition, by which the petitioners, two in number, had prayed for directing the respondents to consider recommendations of the High Power Committee and to grant higher / proper pay scale within the time-frame as may be considered appropriate by this Court.

The appellant No.1 is working as an Accountant in the Tribal Welfare Department and the appellant No.2 is working as Assistant Grade-III in the same Department.

An association of employees along with office bearers had filed an application before the Madhya Pradesh Administrative Tribunal, Jabalpur (for short, ‘Tribunal’), which, according to the petitioners, was registered as T.A. No.1252/88.

Copy of the order of the Tribunal annexed by the appellants in the writ petition is hardly legible.

Mr. C. Jayant K. Rao, learned counsel for the appellants submits that there is anomaly in the pay scale in respect of the clerical cadre in the State Government and in the context of above grievance expressed, the Tribunal, vide order dated 25.06.1994, observed that a High Power Committee should be set up to look into the grievance of the clerical workers in respect of pay scale and other facilities.

Subsequent thereto, pursuant to the aforesaid observation, a single member committee of Dr. D.N. Tiwari was set up, which made certain recommendations on 05.06.2009.

The grievance expressed in the writ petition was that the recommendations made by the committee have not been implemented.

In the return filed by the State, at paragraphs – 3 to 6, it is stated as follows :

“3. It is respectfully submitted that the State Government has received representations from the employees Unions as well as individual employees with respect to the anomalies in the pay scales. After taking into consideration of the aforesaid representation submitted by the employees Unions as well as individual employees, the State Government constituted a single member committee under the Chairmanship of Dr. D.N. Tiwari, Vice Chairman, Planning Board, Chhattisgarh on 30/04/2008. The said Single Member Committee submitted its recommendation on 05/06/2009. It is respectfully submitted that before submissions of recommendation of the Committee, the State Government, vide order dated 23/03/2009, made applicable the Chhattisgarh Pay Revision, 2009 (6th Pay Commission) for its employees with effect from 01/01/2006.

It is submitted that in order to examine the recommendations made by the Single Member Committee (Dr. D.N. Tiwari Committee), the State Government, vide order dated 10/08/2009, constituted a high level committee consisting of the Senior Secretaries of the State Government at Additional Chief Secretary, Principal Secretaries, Secretaries level. Copy of the order dated 10/08/2009 is being filed as Annexure R/1. The said High level Committee of the Senior Secretaries has examined the recommendation made by the Single Member Committee (Dr. D.N. Tiwari) in a thread bare manner. The Single Member Committee (Dr. D.N. Tiwari) has recommended for grant of higher pay scale of Rs.4000-6000 for the post of Assistant Grade III in place of 3050-4590/- with effect from 01/04/2006. It is submitted that the High Level Committee of Secretaries, vide its recommendation, has disapproved the recommendation made by the Single Member Committee (Dr. D.N. Tiwari) for increasing the pay scale of Assistant Grade II on the ground that since the field and nature of work of the cadre of Assistant Grade II than other cadres is different and time to time, the revised pay scales have also been given as per the recommendation of the Commission and Committees. So far as the comparison of the post of Assistant Grade III from the post of Assistant Teacher is concerned, since for the post of Assistant Teacher, the B.T.I is essential qualification, but, the qualification of the post of Assistant Grade III is below the qualification of the post of Assistant Teacher and there is no discrimination in the pay scale of Assistant Grade III and the pay scale of Assistant Teacher and the Committee consisting of Secretaries has also disapproved the recommendation made by the Single Member Committee (Dr. D.N. Tiwari) for revision of the present pay scale of the post of Assistant Grade III and for this reason, the high level committee has disapproved the recommendation made by the Single Member Committee (Dr. D.N. Tiwari) for increasing the pay scale of Assistant Grade III. Copy of the relevant page of the recommendation of the High Level Committee with regard to the post of Assistant Grate III is being filed as Annexure R/2. Similarly the Single Member Committee (Dr. D.N. Tiwari) has recommended for grant of higher pay scale of Rs.5000-8000 for the post of Accountant in place of Rs.4000-6000/- with effect from 01/04/2006 subject to passing of account training examination. It is submitted that the High Level Committee of Secretaries, vide its recommendation, has disapproved the recommendation made by the Single Member Committee (Dr. D.N. Tiwari) for increasing the pay scale of Accountant on the ground that as per the recommendation of the Bramhaswaroop committee that pay scale of the post of Accountant has been fixed as Rs.4000-6000/- and even in all the departments, the said post is to be sanctioned equally as Accountant and is also to be treated as part of the cadre of Assistant Grade II and therefore, the committee consisting of Secretaries has also disapproved the recommendation made by the Single Member Committee (Dr. D. N. Tiwari) for revision of the present pay scale of the post of the Accountant. Copy of the relevant page of the recommendation of the High Level Committee with regard to the post of Accountant is being filed as Annexure R/3.

It is further respectfully submitted that the State Government, after receiving the report from the High Level Committee, has passed the final order on 22/07/2011 by which the pay scale of the following posts i.e. System Analyst, Computer Programmer, Assistant Programmer, Assistant Superintendent (Head Office), Data Entry Operator, Vehicle Driver (Heavy Vehicle) and Spot Assistant (Time Keeper) have been re-fixed. Copy of the order dated 22/07/2011 is being filed Annexure R/4.

That, thus, in the light of the narrations made in the preceding paragraphs, it is apparent that since the High Level Committee constituted by the State Government has disapproved the recommendation made by the Single Member Committee (Dr. D.N. Tiwari) for increasing the pay scale of Assistant Grade II vide its recommendation (Annexure R/2) and therefore, the petitioner is not at all entitled for any higher pay scale as per the recommendation made by the Single Member Committee (Dr. D.N. Tiwari). Hence, the instant petition is devoid of merit and substance and accordingly deserves to be dismissed outrightly.”

A perusal of the above would go to show that after receipt of the recommendations made by Dr. D.N. Tiwari committee, a further committee was set up to consider the recommendations made by Dr. D.N. Tiwari committee. The recommendations made by Dr. D.N. Tiwari committee in respect of the appellants did not find favour of such committee. After receipt of the report of the High Power Committee, consisting of five member and which include Additional Chief Secretary, Principal Secretary and the Secretary, an order dated 22.07.2011 was passed by the State re-fixing the pay scale of certain categories of employees.

It is also relevant to note that before the single member committee of Dr. D.N. Tiwari has submitted its recommendation on 05.06.2009, the State Government, vide order dated 23.03.2009, had made applicable the Chhattisgarh Pay Revision Rules, 2009 (6th Pay Commission) for its employees w.e.f. 01.01.2006.

The learned Single Judge, at paragraphs - 2 and 3 observed as follows :

“2. Mr. Sunil Otwani, learned State counsel, would submit that after the recommendation of single member committee of the Dr. D. N. Tiwari Committee regarding the enhancement of pay scale, the State Government constituted a high level committee consisting of the Senior Secretaries, which is a multi member committee and the matter was referred to the said Committee and the Committee has given its recommendation vide AnnexureR/2 & R/3, and it has not accepted the recommendation of Dr. D. N. Tiwari Committee, which the Government has also accepted and passed the final order dated 22.07.2011 (Annexure-R/4), as such the recommendation of Dr. D. N. Tiwari Committee cannot be accepted and no direction can be issued, as the recommendation of Dr. D. N. Tiwari Committee has already been superseded by the Committee of Secretaries appointed by the Government.

Since the State Government has passed the order dated 22.07.2011 (Annexure-R/4) and the  revised pay scale has been directed to be granted as per the order dated 22.07.2011, the recommendation of Dr. D. N. Tiwari Committee cannot be directed to be given effect by way of this writ petition.”

On a query of the Court as to whether the Accountant and Assistant Grade-III in any other Department of the State of Chhattisgarh is placed on higher pay scale, Mr. Rao submits that all the employees working in the post of Accountant and Assistant Grade-III in the State of Chhattisgarh are enjoying the very same pay scale.

Having regard to the nature of dispute raised by the appellants, we are of the considered opinion that no interference is called for with the order of the learned Single Judge and consequently, the writ appeal is dismissed. No cost.