Mohar Singh Bhadouria vs State of M.P. and Others

Sujoy Paul, J.—The petitioner has prayed for direction for upgrading his pay scale. It is prayed that the Singh Dev Committee has created anomaly and, therefore, this anomaly be eradicated. It is contended that the anomaly hits Articles 14 and 16 of the Constitution. Shri C.P. Singh, learned counsel for the petitioner, submits that certain employees of lower posts cannot get higher pay scale. It is stated that the draftsman is getting more pay than the petitioner which is bad in law and therefore, interference is warranted.

Shri Newaskar supported the action and submits that petition is meritless.

I have heard learned counsel for the parties and perused the record.

As per the pleadings of the petition, it appears that the alleged anomaly is on the basis of recommendation of Singh Dev Committee. This is settled in law that pay fixation is a job of expert body like Pay Commission. The scope of judicial review in such recommendation is very limited. Unless glaring arbitrariness is shown, this Court cannot sit as an appellate authority against the findings/orders of the Pay Commission or expert bodies. This view is taken by Supreme Court in State of U.P. and Others Vs. J.P. Chaurasia and Others,

In the present case, there is no material on record which establishes that the finding of the Singh Dev Committee is arbitrary or violates any statutory or fundamental rights of the petitioner. In absence thereof, no interference can be made in the writ jurisdiction. Petition is meritless and is hereby dismissed.